Category: Children

Children and the law – how to protect your children during the divorce process and the potential effects on your children. Legal blogs by family & divorce lawyers.

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Cyber Crime And Children: What Every Parent Should Know

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Cyber Crime And Children: What Every Parent Should Know

Reports of cyber crimes regularly appear across the airwaves. For parents, these crimes can be particularly troubling, since so many involve children. As such, parent organizations, teachers, government, industry and non-profits have turned their attention toward making the online universe more safe for children. Safeguarding Children Here are some safety tips for parents:

  • Every parent who allows their child to be online should ensure that proper security guards and firewalls are in place at all times. Blocking inappropriate content using software designed for this purpose is a good method, however, it is still necessary to monitor a child’s activities online.
  • Parents should have all passwords and access to the computers that their kids use. Computers should also be checked on a regular basis to ensure that there are no inappropriate sites being visited or attempts by strangers to contact them. Strangers attempting to make contact with children through the Internet are in fact committing white collar crimes. As noted by attorney Kevin W Devore, “Although commonly referred to as ‘white collar crimes,’ these types of cases actually take on a variety of forms and concern a significant array of different subject matters.”
  • Kids should be educated about how to use the computer properly. Teach them about online safety by pointing out that there are criminals online who know how to get their attention. Explain how this could occur, how dangerous this is and that if they get a message from someone they don’t know, they should not answer it, and should tell an adult immediately.
  • One of the more common Internet crimes against children involves engaging them in conversation that leads to abduction and abuse. Children should refrain from entering chat rooms and chatting with people they do not know. They should also notify an adult immediately any time that something doesn’t look quite right.

Parents should report all instances of suspected cyber crime to the Internet Crime Complaint Center (IC3) either online or by calling 1-800-CALLFBI as soon as possible. Be sure to first gather all of the pertinent information such as the time, online handles, websites and other particulars about the incident.

Technology

In order to safeguard kids online, parents need to know about all of the latest technology. Otherwise, they won’t know what to look for. This is the only way to check in on kids to see what they are doing and keep them safe and secure. Ensure that all privacy settings are set to the highest level on the computer and social media sites. Monitor all web pages and groups that kids belong to on a regular basis. Before allowing them to join any group, ensure that it is safe for them to do so. Let them know that even if they think they know someone, they will need parental permission to start an online friendship with anyone.

Parental Guidance

In addition to safeguarding kids online, parents must also be aware of the fact that children can also abuse Internet privileges. While many children may not intend to do so, there are times when a prank or seemingly innocuous activity can turn troublesome, if not dangerous.

Therefore, parents need to also educate their children on what is appropriate and what would constitute abuse online. For example, they should know that cyber crimes have severe fines and jail time penalties that could impact them and the family for the rest of their lives. For instance:

  • They should understand what bullying is and that it is a crime. Instead of talking about it online, they should discuss any issues they have with others with their parents.
  • Downloading from unknown or illegal sites can damage the computer and also make them vulnerable to future attacks.
  • Activities that involve hacking are considered crimes and could also result in heavy fines and jail time. For example, defacing or shutting down web sites or releasing viruses are criminal activities.

Repercussions

Parents should explain that a criminal record may cause:

  • Loss of school time that could impact grades and their ability to get into college or find work.
  • Financial loss and burden for the family due to legal fees and loss of time from work.

Finally, get to know other parents with whom the kids spend time. Ensure that the kids in the child’s circle have parental or adult supervision when they are using their computers. While this might be tricky, it is better to be safe than to be sorry.

Nadine Swayne understands the importance of keeping children safe on the computer. At the law firm of Kevin W Devore, legal representation is available if you have been charged with a white collar Internet crime. He has extensive experience with civil and criminal cases to benefit his clients.

Photo credit:  http://www.flickr.com/photos/sneddon/2399403962/

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Child Support Children Divorce Law Family Law

Occupy Mum Walks away from Family, Gains $85,000 in Divorce Settlement

Stacey Hessler, the mother who abandoned her four children, banker husband and warm bed in Florida to join protesters in the Financial District close to Zuccotti Park has made headlines again. This time, Hessler is in the news for divorcing her husband of 19 years, relinquishing custodial rights to him and literally taking him to the cleaners with a whopping $85,000 settlement. Many might recognize the stark irony of the divorce settlement. Here is a “professional protester” as the divorce filing lists her occupation, raking money in from the very institution she protests against on Wall Street! It is the height of contradiction. Listing her (ex) husband as a banker on an annual salary of $65,000, the ‘Occupy Wall Street’ employee’s annual income was recorded as $0 on the divorce filing initiated by her husband, Curtiss.

The reason for the divorce is reportedly listed as “irreconcilable differences”, which does not come as a surprise, given that Hessler’s chosen life style since abandoning her family to join Occupy has become significantly different. Chosen life style, divorce payout and other facts aside, Stacey Hessler raises, yet again, the issue that we are most concerned about at Provda Law Firm; the real casualties of divorce. Stacey has left four children without a mother to become a professional protester and to pursue her own interests. Divorce, one can safely assume, became the unavoidable for a variety of reasons; all associated with Hessler’s choice. While there is no scrap of evidence or fact to suggest that Curtiss, the ex-husband, will be unable to adequately cater for the financial, emotional and other needs of the children, the fact remains that they stand a higher risk of being psychologically affected by what must seem to them as a mother’s rejection. Research confirms that children from broken homes suffer emotional and behavioural needs more than their counterparts from homes where the parents remain together.

The direct implication is felt on society in many ways, including the vicious cycle in the relationships and marriages of many of the affected children. At Provda Law Firm, we encourage parents going through divorce to always put their children’s interests first; to think beyond the pain, hatred, anger, disappointment or any other negative emotion they have towards the other party and to focus on their children’s future. The salient question should be whether or not the other party is able to contribute positively to the children’s lives. An answer in the affirmative means that concerted effort must be put into ensuring that the children do not suffer more than they necessarily have to on account of the divorce.

Stacey Hessler may have abandoned her four children and husband, she may be nearly $90, 000 richer directly or indirectly from the institutions she now fervently protests against, she may be many things to different people, depending on the view point, however by giving custody of the children to her apparently more stable ex-husband, it would seem that she had their best interests at heart at the end of the day. Although some might say she has a rather funny way of showing it.

This article was written by Bruce Provda, a New York divorce attorney. For advice on divorce, child custody, support and maintenance as well as other related family law issues in the State of New York, call Bruce Provda at Provda Law Firm, 40 Wall Street, 11 Floor, New York, NY 10005, (212) 671-0936 or visit his divorce law website.

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Child Custody Children Family Law Separation Law

Mediation takes a front seat with a boost of government funding

After the recent cuts to legal aid the government has taken steps to redress the balance in favour of separated parents by announcing £6.5 million of support. The money will help over a quarter of a million separated parents throughout Britain, funding pioneering and innovative support to help them work together for the sake of their children.

The new funding has been awarded to seven voluntary and third sector organisations and will give around 280,000 separated families targeted help to work together in their children’s interests. The funding is part of £20 million the government has dedicated to helping separated families, as it attempts to provide as much support to out of court settlements as possible following the large cuts to legal aid. The coalition will hope that this extra funding will prevent warring couples from representing themselves in court, which slows down the legal process and often results in vitriolic testimonies against former partners. Taking couples away out of this confrontational environment should create a more constructive atmosphere that is much less harmful to any children involved.

The government funding has been awarded to projects in Powys, Oxfordshire, Cheshire, Newcastle, Warwickshire, Scotland, Kent, Stirlingshire, Angus, Birmingham and the West Midlands. The projects include an online tool that provides coaching to separated couples and face to face guidance and mediation projects to help low income couples. Alongside the schemes are plans for parenting classes for teenage mums and dads, counselling and therapy projects and specialist support for those who live in fear of their ex-partners.

The focus on providing mediation services highlights the government’s desire to protect the interests of children in these situations. Because mediation is focused on helping couples resolve their differences amicably there is less risk of the separation being hostile as it can often be when taken through the court system. Children will be better off in a family where parents are on good terms and focussed on being the best possible parents to their children, rather than looking after their own personal interests.

It will be some time before we can assess the impact of the government’s latest efforts to give families an alternative to going through the court system. Whilst the cuts to legal aid may help to cut the deficit in the long term, critics of the move will maintain that in many cases mediation is simply not viable as an option for those separating. In many relationships communication deteriorates to such an extent that mediation will not help and court proceedings are ultimately required. However this latest round of funding is focussed on helping parents re-engage with each other no matter how bad their relationship has become. Legal aid is no longer a reality for many separated families, and they will have to decide if they want what is best for their children before completely rejecting family mediation.

About the author: Ramsdens Solicitors offers help settling child custody disputes inside and outside of court.

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Child Custody Child Support Children Divorce Law Family Law Property issues

A Tampa Collaborative Divorce Can Save You Money

When most people think of divorce, they envision scenes from War of the Roses or Kramer vs. Kramer. Yet more people in Tampa Bay are learning that there is another way, collaborative divorce, which is just a sensible method to resolve private family disputes. However, just as mediation was characterized in the 1980’s and 1990’s as a rich person’s option, many people think that the collaborative process is only for the very wealthy. Not only attorneys, but also a collaborative facilitator and financial professional are retained, so only the very rich can afford the collaborative model, right?

Wrong.

A four year study conducted by the International Academy of Collaborative Professionals found that 87% of female participants and 47% of male participants of collaborative family law cases had an annual income of less than $100,000.

Though the collaborative process may not be the cheapest in all cases, it has a substantial opportunity to save you money as compared to the courtroom battles we have all come to associate with divorce.

First, child issues, such as custody schedules and decision-making authority, are some of the most emotional and costliest issues in family law matters. Lawyers in courtroom cases tend to prepare interrogatories (questions) to be answered under penalty of perjury, set depositions, conduct opposition research to put the other spouse in the worst possible light, and prepare for trial. Attorneys’ invoices pile up along each stage of this process. Alternatively, these fees and costs can be greatly reduced in the collaborative process where facilitators, who usually are licensed mental health professionals, can cut through the clutter of emotionally-charged issues and bring the clients (and lawyers) to focus on the future and best interests of the children.

Similarly, a financial professional (who is usually either an accountant or financial planner) adds cost-saving value to the process. In litigated cases, lawyers prepare “requests for production of documents and things” that demand reams of financial documents which could conceivably be relevant. Searching for those documents cost clients tremendous time and money while, when received, the requesting attorney will spend countless billable hours meticulously combing through the documents. In the collaborative process, on the other hand, the financial professional will only request documents that are necessary to make an informed settlement option. His or her expertise in finances enables the financial professional to review and assess the documents and develop settlement options more quickly (and often times at a lower rate) than attorneys.

Finally, the dirty little secret in family law is that the vast majority of litigation cases eventually settle. However, because having a judge decide on the parties’ personal matters always remains a threat, in traditional courtroom divorce the attorneys will always work on two tracks: (i) attempt to settle the case while (ii) conducting opposition research and preparing for the courtroom battle in case the parties cannot come to an agreement. In the collaborative process, attorneys are retained solely for the purpose of settlement and are contractually barred from taking disputes to be decided in court, and so they are not racking up those billable hours planning to fight it out in court.

Now, back to the question, is collaborative divorce only for the wealthy? Absolutely not, and I would be happy to speak with you and talk more about how the process can help your family.

If you have questions regarding how a Tampa Bay collaborative divorce process can help you, schedule a consultation with attorney Adam B. Cordover at (813) 443-0615 or fill out our contact form.

Adam B. Cordover is Vice President of the Collaborative Divorce Institute of Tampa Bay and is a member of the International Academy of Collaborative Professionals. Adam spearheaded the taskforce that drafted the Hillsborough County collaborative family practice administrative order signed by Chief Judge Manuel Menendez.

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Child Custody Children Divorce Law Family Law Separation Law Surrogacy Law

Case law update: Child Abduction

Parental child abduction cases are on the rise. In December 2012, the Foreign and Commonwealth Office launched a media campaign in which they revealed that parental child abduction cases had risen by 88% in under a decade. Between 2001 and 2011 there was a 206% increase in the number of children being taken to a country which has not ratified the Hague Convention on child abduction, making it much harder to arrange for the children’s return.

In two recent cases the main issue for the courts has been in determining where the children are habitually resident, and therefore whether they should be returned to the country from which they have been taken.

Child Abduction Case 1 – R v A

In R v A [2013] EWHC 692 (Fam) the parents originated from Zimbabwe and moved to California following their marriage. Their two oldest children were born in California and their third child was born in England. The parents had travelled to England on what the father claimed to be a temporary visit for the sole purpose of the caesarean section delivery of the third child. Following the birth, albeit after some delay due to medical complications, the family returned to California. Thereafter, the mother removed the children from California and brought them to England without the consent of their father.

In determining that the children were not habitually resident in England, the court considered the mother’s witness evidence to be “unimpressive” and inconsistent. The children’s stay in England had not become an ordinary part of their lives and the mother did not own a home there. An order returning the children to California was made.

Child Abduction Case 2 – FT and NT

In FT and NT (Children), Re [2013] EWHC 850 (Fam) both parents were British nationals who were born in the UK. Two years after the birth of their second child, the family relocated permanently to Canada. Whilst the father conceded that the move was intended to be permanent, he claimed that he made the decision to relocate conditionally on both parents finding jobs, being settled and being happy. The parties separated soon after their relocation.

The father maintained that there was always an agreement between the parties to return to the UK if either or both of them was unhappy in Canada. He contended that whilst the intention was to settle in Canada, this was never achieved.

The court dismissed the father’s assertions and found that there could be “no other conclusion” than that the children were habitually resident in Canada at the time of their removal by their father. The evidence in favour of this decision was “overwhelming” and included such facts as the family home in England having been sold six months before the move, the mother attaining employment in Canada and the enrollment of the children in a Canadian school and nursery respectively. The court accordingly made an order returning the children to Canada.

In 2011/12, children were abducted to 84 different countries. The Foreign and Commonwealth Office is limited in how it can assist parents whose children have been subject to parental child abduction, particularly where they have been taken to countries which have not ratified the Hague Convention. If you are concerned that your child is at risk of parental child abduction, you should contact a child abduction solicitor as soon as possible.

You can also download a help pack from the Reunite website at www.reunite.org.

For help and advice relating to child abduction cases, or any other area of family and divorce law, contact Lisa Kemp

Categories
Child Support Children Family Law

5 Things Social Workers Need to Understand About Hate Crimes

5 Things Social Workers Need to Understand About Hate Crimes

Though many people consider “hate crimes” to be relatively new phenomena thanks, in part, to tougher laws being enacted around the country, the truth is this: Hate crimes in America are as old as the country itself. Crimes have been committed against individuals and groups based on race, gender, religious preference, sexual orientation and cultural background for centuries. If social workers hope to help people dealing with hate crimes, a deeper understanding must be had. Here are five things that social workers need to understand about this brand of crime:

1.Diversity Education

Read Across America , Vicenza, Italy - US Army - 100302

One of the ways to prevent children from turning into perpetrators of hate crimes is to teach them about acceptance at an early age. Social workers can work in conjunction with teachers and families to ensure that young, elementary-aged children learn to respect each other’s differences, celebrating them rather than berating them. The NCPC has excellent lessons for children in grades one through five that center around diversity.

2.What Constitutes a Hate Crime?

Most of us are aware that a crime committed against a person because of their race or sexual orientation is considered a hate crime. But what else may constitute a hate crime? This information is important for every social worker to have. A victim of a hate crime is singled out because of perception. The perpetrator holds a certain perception about the proposed victim’s race, color, national origin, religion, age, sex, physical handicap, mental disability, marital status, personal appearance, family responsibility, political affiliation or matriculation.

Austin March Against Hate - Stop Hate Crimes - Take A Stand

Hate crimes do not have to be violent. Examples of non-violent hate crimes include verbal abuse, telephone harassment, the painting of swastikas or other hate symbols, the use of racial slurs and cemetery desecration. A hate crime need not be violent to have a profound effect on the victim and friends and family of the victim.

3.Victim Responses

Just as with reactions to illness, death and other devastating events, people respond differently when they, or the ones they love, become victims of a hate crime. Victims of hate crimes typically report feelings of anger couples with feelings of betrayal. There can be an overwhelming sense of powerlessness, resentment, isolation and sadness. Victims of hate crimes may also have an aroused, even paranoid, sense of suspicion. Victims of hate crimes report drastic changes in lifestyle as a result of their attack, whether mental or physical. As a social worker, it’s important to sit back and listen to the victim, gaining an understanding of just what effect the crime has had in order to provide the best therapy.

4.The Right Not to Report

Much like a victim of rape has the choice whether or not to report the crime, regardless of the seeking of treatment, a victim of a hate crime is not required to file a report with law enforcement. Regardless of personal beliefs, social workers must support whichever choice the victim makes. In some cases, medical personnel may be required to report the attack, however, it is still the victim’s right to not pursue hate-crime related charges.

5.Victim Assistance

Social workers should seek out resources of assistance within their local communities for victims of hate crime. Having this information on hand and immediately available will make the therapeutic process less stressful for the victim. Beyond local resources, social workers should know about national programs such as Network of Victim Assistance, National Center for Victims of Crime and the American Civil Liberties Union.

For social workers, understanding hate crimes is an important facet of the profession. Along with understanding what constitutes a hate crime, social workers must understand their impact and the resources available for victims and their families. For more information on hate crimes, be sure to visit NOVA, an all-encompassing site for victim assistance.

Robert Neff is a writer who brings awareness to world events such as hate crimes. Social workers help victims of the crimes. If you are interested in a career as a social worker check out Case Western’s online MSW degree.

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Child Custody Child Support Children Family Law

“Shared Parenting” – What does it mean?

Background

Separating parents have long expressed frustration with certain aspects of the family justice system, with fathers’ rights groups in particular defiant in their stance against the apparent bias in favour of mothers when it comes to addressing the ongoing residence of the children. In a bid to tackle this issue, the Government has proposed several changes to the family justice system by way of the Children and Families Bill (“the Bill”).

One amendment put forward by the Bill is that Residence Orders and Contact Orders will cease to be, and a single concept Child Arrangement Order will take their place. The reality of Residence Orders and Contact Orders in their current form is that one tends to be seen as a “victory” over the other, adding to the animosity between conflicted parents.

The proposal follows from the Government’s response to the 2011 Family Justice Review, where it announced its commitment to promoting the importance of both parents remaining responsible for the care of their children. As a result, the concept of “shared parenting” has overshadowed the remainder of the legislative changes to become the buzzword(s) of the Bill.

“Shared Parenting”

A public consultation on the notion of shared parenting ran between June and September 2012 and the Government concluded that the starting point in any matter before Court should be that both parents should be involved in a child’s life (presuming of course that welfare is not an issue).

The concept of “shared parenting” to many evokes the presumption of a 50/50 division of residence and contact between parents, which is reinforced by a Child Arrangement Order. However, this is simply not the case and a starting point of 50/50 residence is in fact discouraged in the Family Justice Review.

It is crucial to remember that the Court will always give the most weight to the interests of the child when considering childcare arrangements. Therefore, whilst those parents who have less contact following the breakdown of a relationship are likely to feel let down by the justice system, those feelings are ultimately not the Court’s concern. The paramount consideration remains the child’s best interests and, more often than not, the Court deems that those interests are unlikely to be best met by a straight down the middle 50/50 split of residence.

That said, the importance of maintaining a relationship with both parents, taking into account all aspects of parental responsibility, is very much at the forefront of the changes proposed by the Bill. Contrary to much public opinion, this notion is nothing new to the Courts and does in fact form a major consideration in deciding almost all of the cases which appear before them.

What does the Children and Families Bill mean for you?

It has long been understood by the Courts and related agencies that more often than not, an ongoing relationship with both parents and close members of both extended families is likely to be beneficial to a child’s well-being following parental separation. It is also understood however that the quality of those relationships, rather than the quantity, is likely to be the most crucial factor in fostering and developing family relationships to the child’s greatest benefit.

Proponents of “equal access” for parents are likely to be disappointed by the Bill which does not, on that view, go far enough.

However, it will be open to the Courts to test the question of what shared parenting amounts to exactly and it may yet be the case that the Bill goes quite some way in leveling the playing field in respect of parents’ involvement in their children’s lives.

For advice regarding children matters or any other aspect of family law, contact Lisa Kemp

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Children

Judges “Should Talk to Children” Before They Make Decisions on Care

(Guest post from family lawyers in England) MPs have started to call for a change in how the courts decide about which children should be going into care, the Observer has reported. Various Members of Parliament have warned that judges tend to have little experience in matters regarding family law, and instead rely almost solely on the evidence given to them by social workers.

According to the report from the Child Protection All Party Parliamentary Group (CPAPPG) – a group made up of child protection experts as well as MPs – the majority of the children who do end up in care never speak to the judge who decides to take them from their families.

A Call for Reform

The group has suggested that the recently introduced Children and Families Bill will not do enough to ease the problems in the child protection system, a system which is currently already faltering under its massive workload.

The CPAPPG want judges to ask children whether or not they would like to talk to them, to voice any concerns or to make known any information which might be left out or overlooked by a social worker, before they make their final decision on care.

The group has also called for a greater number of judges who have more experience in family law, as a large number of those involved in care decisions have little to no knowledge of the workings of the system, instead relying entirely on the evidence produced by overworked social workers, who have themselves said they felt “under huge pressure” in such cases, as well as feeling “intimidated by judges”.

Expressed Concerns

The CPAPPG expressed its concerns that the voices of those children who end up being taken into care are not being taken into consideration nearly enough and that these children felt let down by the legal system or their court rulings.

They expressed a desire for all judges presiding over care order cases to ensure that they speak to the children involved before making a ruling, in order to understand the wishes of said children and to make a better, more informed decision in the long run.

There are a large number of family law solicitors, such as those featured on www.switalskisfamilylaw.co.uk, but not enough family law judges, claimed the group. They want the government to make sure that any judge to preside over family court cases is a specialist in the area of family law, especially since the recent increase in workload.

Baby P

Since the shocking case of Baby P, in which the social care system failed drastically, more and more experts in child protection have taken a more proactive, interventionist approach to their work, and this has led to further strain on the system.

Last year, the number of children in care was up 13% on the previous 12 month period, and it was reported that some independent review officers had worked on around 200 cases in that year – much higher than the recommended 50-70! It is for these reasons as well that the CPAPPG are crying out for change.

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Child Support Children Divorce Law

What’s All About Step Parenting

As a step parent, getting the legal rights of a biological parent can be a complex procedure. In California, you need to be married to or living with a biological parent, over the age of 18 and at least 10 years older than the child. Read on to find out the other requirements you need to fulfil to get the rights of a biological parent, when you are a step parent.

Read more..

About the Author
Christina M. Hernandez is the Director and Owner of Attorney Assisted California Centers in Orange, CA. Attorney Assisted is a leading paralegal service provider in Orange County, preparing and filing all legal documents. Also known as Legal Document Assistants, they are a more affordable alternative than going through lawyers for the same notary services. We also offer full divorce services, handling all divorce papers and child support orders for our clients.

 

 

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Children

Ruling Ignoring the Safety of the Family?

Guest post from family law solicitors. 

The Government is planning on protecting the rights of divorced parents to see their children, which is putting victims of domestic violence in danger; not to mention, their children too. With shared parenting as a priority, the welfare of domestic violence victims is routinely ignored. The failings of the family court system are such that vulnerable men and women are frequently placed in unsafe environments where they’re open to intimidation from their violent ex-partners.

52% of women who’ve suffered from an abusive relationship are subject to cross-examination from their violent exes, who have chosen to represent themselves in court. Obviously this can be an emotionally traumatic experience for many people women and men who’ve previously been bullied and intimidated by their ex-partner.

Extortionate Costs

In fact, it can be equally as distressing to be the cross-examiner of previous abusive partners, and with the heady costs of hiring a lawyer hanging over their heads, can victims of domestic violence afford legal fees, especially if they’re struggling to raise a child? With coalition plans to reduce the amount of court benefits low-earners receive, this could mean many abuse victims are forced to represent themselves in court, with absolutely no legal training.

Severe Lack of Protection

There have been cases of abuse victims being intimidated with prolonged staring in the waiting room, as well as being forced to attend mediation sessions with ex-partners that are under restraining orders. When there are protective measures in place, why are they being ignored in a court of family law?

Many domestic violence victims complain of their concerns being sidelined and ignored by the court, dismissed as inconsequential when it comes to shared parenting, even though the children are the best weapons an abuser has to ensure access to his or her previous victims. Also, a violent or abusive person is not an ideal candidate for mother or father of the year, and it seems likely that the child’s welfare would also be in jeopardy.

Fathers’ Rights Groups

Yet Fathers’ Rights Groups have been protesting against the hostility towards protected shared parenting, calling it ‘scaremongering’ and insisting that false accusations keep fathers away from their children. Unless the accusations have been proven by court, there should be no reason to listen to abuse charges.

With 93% of residencies awarded to mothers, Fathers’ Rights Groups need all the help they can get. However, fathers stand to gain by abuse protection in the family court too, as more than 40% of domestic violence victims are male. If you can, please do contact a divorce solicitor in Liverpool, as they could make or break your case.

There have been cases where parents on the sex offender’s list have been allowed to enter a family court of law to argue their case for the custody of children. In this situation a husband had raped and duct taped a 14 year old girl and had been charged with an assault against his ex-partner. For years, he stalked his partner, before taking her to court, and it took a social services independent report to eventually deem the man as ‘dangerous to children!’ He is still free to reapply to the courts for child custody.

Produced by Denver working with Hughes Carlisle divorce solicitors who specialise in a range of other legal disciplines, providing an opinion on current topics which are affecting families throughout the country.

Categories
Child Support Children

Cerebral Palsy Risk Factors

Cerebral PalsyCerebral palsy is often seen as a muscular disorder, but it is actually a combination of several neurological conditions that can affect the muscles quite dramatically. The word “cerebral” references the cerebrum, which is a part of the brain. Therefore, cerebral palsy is a disorder that originates in the brain. This article discusses cerebral palsy risk factors.

Cerebral Palsy and Medical Malpractice

Some babies are born with noticeable signs of cerebral palsy, while other children have symptoms but are not properly diagnosed for a few years. However, most cases of cerebral palsy are noticed within the child’s first three years of life. One key sign of cerebral palsy includes the child being slow to do any of the activities that are normally done at their age, such as sitting up, crawling, laughing, and talking. A lack of muscle control is also a noticeable sign of cerebral palsy.

Medical malpractice can be a risk factor associated with the disorder. However, it’s not only medical malpractice that can cause cerebral palsy; many children are born with cerebral palsy where medical malpractice was not proven to be a part of the equation.

Hypoxia and Cerebral Palsy

There is a condition that develops when the brain does not receive the proper amount of oxygen; this condition is called hypoxia and it can develop over the period of time between birth and the few days after birth. Babies born with a limited oxygen flow to the brain have a 40 to 70 percent chance of ending up with a life-long disorder such as cerebral palsy, while the other percentage will end up with no disability.

Limited oxygen flow to the brain can sometimes occur for no known reason when the baby is in the womb, but it can also occur during the birthing process. When the baby is in the womb, the following things can happen: the umbilical cord may become wrapped around the baby’s neck; there may be an infection; or the baby may suffer congenial heart disease. All of these issues can result in a decrease in oxygen to the baby’s brain. Hypoxia occurs in approximately 2 to 10 of 1000 births in the Unites States.

Head Trauma and Cerebral Palsy

Head trauma is serious, and it can result in cerebral palsy. Head trauma can occur as a result of medical negligence during the birthing process. When head trauma happens to full-term babies during labor or delivery, it is usually evidenced by the abnormality of the pH in the cord blood. In addition to pH, the baby usually scores quite low on the Apgar scale, and the fetal monitor will often indicate oxygen deprivation.

Cerebral palsy is a serious condition that develops in nearly 10,000 new babies every year in the United States. It is a life-long condition that significantly affects the quality of life for children and their families. It’s important for new parents to better understand cerebral palsy, its risk factors, and learn what they can do to improve their situation.

If your child was born with cerebral palsy and you believe that it was a result of medical malpractice or hospital negligence, seek a legal professional to review your case.  Janet, Jenner & Suggs, Attorneys at Law represent cerebral palsy victims nationwide.  For more information, visit the website of cerebral palsy attorneys Janet, Jenner & Suggs at www.Cerebral-Palsy-Injury.com.

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Children Claims Domestic Violence

What Is a Vulnerable Adult and How Do We Protect Them?

Vulnerable adults are people older than eighteen years of age who need a caregiver, and who are unable to protect themselves or look after themselves. Vulnerable adults include elderly people in nursing homes, people who are sick or frail, people with memory problems, or people who have difficulty communicating with others. Individuals with physical or mental disabilities are also classified as vulnerable adults. Unfortunately, because these individuals need care and are unable to look after themselves, they are at greater risk of abuse. Read on for more information regarding vulnerable adults and how we can protect them.

Why Are Vulnerable Adults Targets for Abuse?

Unfortunately, there are many reasons why vulnerable adults are the victims of abuse. Violence toward vulnerable adults can be a single outburst, or it can be a premeditated attack. Sometimes vulnerable adults are targeted for abuse because caregivers are frustrated at the adult’s inability to communicate or inability to act “normal.” Lack of knowledge or training by health professionals working in nursing homes, hospitals or residential homes can result in violence, as professionals are not taught how to appropriately deal with this frustration.

While poor management and inadequate training can result in abuse toward vulnerable adults, sometimes violence can result simply because caregivers have a violent history. Caregivers are not always health professionals, and therefore training in how to appropriately help vulnerable adults is not required.

What Are the Signs of Abuse Toward a Vulnerable Adult?

Some vulnerable adults, especially elderly individuals, may be reluctant to speak out about the abuse they are suffering from. They might excuse their bruises as being “nothing.” Having injuries and not fully explaining where they came from can be a sign of abuse. Unexplained physical symptoms, such as bruising or scarring, can be explained by abuse. The appearance of the vulnerable adult might also change: they might look dirtier or thinner than before due to improper care or neglect.

Also keep an eye out for behavioral changes. A vulnerable adult who is suffering from abuse or violence might become withdrawn, quiet or depressed. However, behavioral changes on the other end of the spectrum are also possible; a vulnerable adult might become inexplicably angry or aggressive. Not wanting to be alone with certain individuals is also a red flag.

How Do We Protect Vulnerable Adults?

There are several ways to protect vulnerable adults. The most effective way to help and protect vulnerable adults is never to ignore signs of abuse and never to shrug them off as nothing. If you are suspicious, ask questions. It’s best to speak with the vulnerable adult in private. If your suspicions of abuse are confirmed, you can either call a General Practitioner or you can speak with a social worker. Depending on the nature of the abuse, you might even want to get the police involved, as abuse toward a vulnerable adult can be a crime. Additionally, help lines and help from Adult Protective Services are available specifically for these instances.

Vulnerable adults are most at risk for abuse and violence, and because of this they need to be protected. If you suspect that a vulnerable adult you know has been abused or neglected in some way, speak with them and figure out how you can help them. Don’t ignore the situation, but speak out so something can be done to protect them.

If you have evidence that a loved one is being abused, report it to the police immediately, and seek legal counsel to represent the case.  Hughes & Coleman, Injury Lawyers are nursing home abuse and neglect attorneys located in Kentucky.  For more information about nursing home abuse and neglect, visit the website at www.NursingHomeNeglectLawyers.com.

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Child Custody Children Claims Domestic Violence

Signs that Your Child May Be Abused or Neglected at Daycare

child negligenceA daycare is a place where you expect your kids to be safe and happy while you’re away at work. You have to be able to instill trust in a daycare because they are spending just as much time with your children as you do, thus you expect them to protect your youngster. A neglected child is the last thing that you would expect at a daycare, but the sad truth is that some kids are either abused or neglected at daycares all across the country. The important thing is that you’re able to spot the classic signs of the abused or neglected child. Here are some indicative signs that your child may be abused or neglected at daycare.

Changes In Comfort Level Are a Warning Sign

Let’s say that your child has always been happy or even excited to be left behind at daycare. Suddenly, though, your child’s demeanor changes to the point where he’s anxious or reluctant to be left alone at daycare. That can be a very telltale warning sign of either abuse or neglect occurring at the daycare. If your child was abused or neglected at daycare, he’ll naturally exhibit these signs of fear when faced with the prospect of going back there.

Are There Any Unusual Bruises?

Another telltale sign that your child is the abused or neglected child at daycare is the mysterious appearance of bruises on his or her body. This is especially true if you leave your child at daycare with no bruises, and when you pick him up, there are noticeable bruises on his body. Of course, it is always a possibility that your child could have gotten some bruises from the typical play in which kids engage. However, a big, red flag ought to go off in your head if these bruises occur much too frequently.

Withdrawal Is a Suspicious Sign

Children are naturally outgoing, playful and highly energetic. That’s why a child who withdraws and becomes more reserved is suspicious, especially if this withdrawal starts to occur only after you’ve been leaving him at a daycare. A child who begins to become withdrawn could be doing so not only from physical abuse, but also from mental abuse, such as neglect during the time you leave him at daycare. If you see your child becoming more withdrawn, you should investigate.

Does Your Child Flinch?

Flinching is a sign of expecting something bad and forceful to happen. If your child unexpectedly begins to flinch when you do something harmless like raising your hands or arms, then that should also set off alarm bells in your head. If your child was ever hit at daycare, then they’ll develop the flinching reaction as a way to brace them self for what they expect to be another smack in their direction.

An abused or neglected child is an extremely serious issue, especially if it’s your child. Daycare is one of the last places on Earth in which you expect child abuse or neglect to occur, but it does happen from time to time. The best thing parents can do is to be vigilant and monitor their children for signs of abuse or neglect.

If you suspect your child has been a victim of neglect or abuse in their daycare, it is important to find a new daycare and seek the help of a legal representative.  Hardison & Cochran, Attorneys at Law are child care negligence lawyers located in North Carolina.  For more information about negligence and abuse at day care, visit the website at www.LawyerNC.com.

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Child Custody Child Support Children Divorce Law Family Law

Guidelines for Being Awarded Alimony

divorceWhen two people decide that it is time for them to end their marriage and get a divorce, the idea of alimony payments is always brought up. Alimony is a monthly financial payment from one spouse to support the other after a marriage ends. Alimony payments were historically made from the husband to the wife, the idea being that the husband was the one who worked and the wife would be the one to stay home and raise children. Since the ’70s there has been a movement in the other direction towards equality, and today where many wives support stay-at-home husbands, alimony is paid both ways.  This is determined by assessing the financial situation of each person involved and after taking into account certain factors concerning the marriage. Here are the guidelines that are followed to determine who is awarded alimony after a divorce.

Determining Who Has the Ability to Earn an Income

The main factor that is taken into consideration when it is determined which person will pay alimony is the ability to earn an income. Alimony used to be easier to determine when there was only one earner in a marriage, but in today’s world it’s far more difficult. In many cases, both members of the marriage have good careers and earn their own income, but they still wish to be awarded alimony. It can be difficult to discern which party needs the extra income. When there is only one person with an ability to earn a living because the other spouse gave up a career to raise children, then that person would be the one who would be required to pay alimony. The court also takes each person’s ability to earn a future income into consideration, so if a stay-at-home wife left a successful career, that would also count.

Determining Who Has the Ability to Pay Alimony

In some cases, neither spouse earns an income, but instead live off of a passive income. Lotto winnings, a trust fund, income from investments, or savings are all examples of passive income. In these cases, the person who the money belongs to is the one who has the ability to pay alimony, even though they are not actively earning an income.

Standard of Living and Length of the Marriage

One of the big factors of a divorce is making sure each person has the ability to maintain the same standard of living that they had during the marriage. A high standard of life would need to be maintained for each person, which would result in higher alimony payments.

The amount of time the marriage lasted is also a major factor. If a week-long marriage ends in divorce, then there would not be a significant amount of alimony paid out. However, if a marriage lasted over 10 years the amount of alimony would be significant.

It can be difficult to see your marriage come to an end, but even worse is being in a situation where you give up your career and dedicate your life to one person only to end up divorced with no form of income. Alimony is designed to protect people from situations like that, and the first step to getting alimony is to know the guidelines that are followed when determining who is awarded alimony.

If you are going through a divorce and you think you will have to pay alimony or are hoping to receive alimony payments, contact a lawyer who can advocate for you.  Charles R. Ullman & Associates is a spousal support/alimony divorce law firm located in North Carolina.  For more information about spousal support, visit the website at www.DivorceLawCary.com.

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Adoption Children

Things You Need to Know About Adopting a Child from Abroad

AdoptionThe process of adopting a child can be simultaneously complicated, intense, rewarding, exciting and even frightening at times. Regardless of the particular circumstances surrounding your individual adoption, there are a few key aspects of the process that, when kept in mind throughout, can help you and your family avoid complex legal and emotional issues in the near future.

Government Resources for Prospective Parents

On the official website of the United States Department of Homeland Security, prospective adoptive parents can gain quick and easy access to free, downloadable forms that are necessary in the establishment of immigration status for the child. This step is mandatory and should be carefully considered before an adoption agency is contacted.

Your choice of agency is also a very important aspect of the adoption process. If you happen to know someone who has experienced an overseas adoption firsthand, ask for information about the organization they used. Online reviews and testimonials from previous parents can help you determine which agency best fits your personality, values and lifestyle. For added reassurance, contact the Better Business Bureau and request information on accredited adoption agencies that process international adoptions.

Determining Eligibility to Adopt Internationally

Your eligibility status is one of the most critical components of the entire process. Before you can adopt a child from another country, you must be approved by U.S. Citizenship and Immigration Services, or USCIS. The information that will be requested of you in order to determine eligibility will be evaluated by a social worker or state official, depending on your state’s individual laws. References from professional and personal contacts, fingerprint checks and verification of health insurance are typically included in these home studies, as are verification of employment, sufficient income and proof of a healthy, safe environment in which the child will reside.

If your eligibility application is approved, it will be forwarded to either the United States Embassy or the government organization in charge of adoption procedures in the country from which you plan to adopt your child.

It is important to remember that, depending on the type of adoption and the country involved, the process can be incredibly time-consuming. Many individuals and couples who wish to adopt internationally find that a number of very long months and, in some cases, years pass between the time that the first pieces of paperwork are filed and the adopted child is finally scheduled to come home.

Preparation for Parenthood

During the period of time that passes between application, approval and international travel to retrieve the adopted child, adopting parents must complete at least ten hours of pre-adoption training, as according to The Hague Adoption Convention of 1993. The Convention is designed with the legal protection of the child in question, the prospective parents and the adoption agency through which the process is completed in the foreign country.

Financial Considerations

Though the joy of finally meeting the newest member of your family is an experience that you will always cherish, the lingering effects of the financial expenses involved can induce stress in even the calmest and most collected of individuals. Considering the impact of these factors before, during and after the adoption process can help make managing it far more feasible and considerably less stressful. Talk to an experienced attorney with a proven track record of success in adoption cases, set aside money for translation documents (if required) and the future costs of childcare. Gaining a comprehensive understanding of what the process entails will better equip you with the confidence and forward thinking you will need throughout the process of your child’s adoption.

 

Janet, Jenner & Suggs, LLC is a Family and Cerebral Palsy law firm located in Baltimore, Maryland/Columbia, South Carolina/Asheville, North Carolina.  For more information, please visit www.cerebral-palsy-injury.com.

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Child Support Children Divorce Law Family Law Finance

Organizing Your Finances after Divorce

divorce and finances The process, as well as finalizing a divorce can be extremely hard on a person mentally. Facing possible financial ruin definitely adds to the stress. In general, most people lack the knowledge they in order to recover and move on financially. Knowing what to expect and how to handle it, is the only way to get through a divorce with your assets still intact. Surviving financially is especially important if you have children and other dependents.

 

How Divorce Impacts Your Money

Getting a marriage license is less than $50 in most states, but dissolving that union is going to cost much more than that. Even if the couple kept their finances separate and agreed to take their own money & assets and part ways amicably, the filing alone can be costly. If for some reason a mediator is needed, fees can go into the thousands. The situation only gets more complicated from there. Married people generally see an increase in wealth through their union, while divorced people lose 77% of their net value on average, according to DailyFinance.com. When children are involved, one spouse may end up owing child support or alimony which can greatly reduce their money left for all of their other independent expenses. On the other hand, the spouse who is supposed to receive child support or alimony may have a hard time getting their former partner to pay up. Additionally, divorce means splitting your assets and income while doubling the bills.

 

Take Action Before You Even File for Divorce

This is a very important step that could save you loads of money and time when the proceedings start. Once your partner knows you have filed, they may make every effort to hide money, transfer funds from mutual accounts to their own, and put away assets. Even if the judge rules against these actions, it’s going to be very hard to recover them, and waiting for a judgment could take a very long time. Smart actions for you to take include: getting copies of all financial statements, acquiring credit reports, and setting aside money for living expenses.

 

Restructuring Once the Divorce is Final

Here is where the real work begins. Getting back to stability once the divorce is finalized will be challenging, but possible. If you are paying child support or alimony to your ex-partner, it may take a while to adjust. Having your support payments drafted automatically from your checking account is the best way to handle it. This way there won’t be risk of forgetting to make payments, and there will be an electronic record of paying. Keeping other financial obligations simple for a while is advisable; now is not the time to go out and purchase high ticket items. The divorced person needs to be very forward thinking for at least the first year after separation; make plans for tax returns, stocks, and savings ahead of time. A well mapped out plan for paying existing and new bills will get you through it. This will put you on the path to rebuilding your financial worth. MoneySmart.gov has additional information on adjusting to the change in income and additional expenses spawned from divorce.

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Child Custody Child Support Children Divorce Law

Managing Life as a Single Parent after Divorce

When a divorced couple has children, life can get very complicated. Each parent is now on their own and suddenly realize all of the small things they did not notice when they had the other parent to back them up. Parents of babies and toddlers are tested by late nights and early mornings, with no one to alternate sleep, feedings, changing, and difficult nights with. Mothers and fathers of school aged children have to handle the morning routine: getting the kids to school, meeting with teachers, and driving the kids to after-school activities, all on their own. Managing life after divorce as a parent is not easy, but life will get back to normal much faster if steps are taken to deal with the challenges, instead of just hoping for a solution.

Struggles of Single Parents

Going through a divorce and living with divorce are very complicated life events which statistics show that many people in this country go through. Below are the two main challenges for single parents:

  • Childcare

This can be tricky one when the other parent doesn’t want to play nice. Developing a set schedule, if at all possible, for visitations will make it a little easier to figure out childcare. After visitation is established, each parent needs to find their own sitters or agree on one childcare or babysitter for both schedules. Both parents should have their own backup in case help bails at the last moment. This will keep the other parent from having to cancel their own plans to watch the children.

  • Finances

If child support or alimony is in play, you could come out a little better or a little worse; this depends on if you are the one receiving it or not. Large house payments and car leases might not have fazed you before, but now that there is one income, it’s likely time to downsize. The best way to downsize is to move into a smaller house with lower rent or mortgage; otherwise, make sure you’re not overdoing it on the spending – credit card bills can drown a single person.

 Coping with Stress

Divorce and death are the two most stressful events for people to deal with in life. Stress can take its toll on the individual and potentially destroy their life. With such a high stress situation, how does a single parent cope? Below are the five best ways to cope with stress during a divorce.

 Manage your weight with diet and exercise

It’s not about vanity or attracting another partner, keeping a steady weight will keep your hormone levels normal.

 Get out and be around the people you used to spend time with

 When you’re married, you tend to push aside others in your life to spend time with your spouse. If you’re dealing with divorce, now is a great time to reconnect with the people you lost touch with. Reconnecting will give you a chance to talk to people about things other than the stressful separation – it also gives you ‘adult’ time away from the kids.

Laugh

 Laughing is a great coping mechanism; when you laugh your body releases serotonin and reduces cortisol levels. Watch a funny movie, go watch a comedian, or just have your kids tell you about their silly perspectives on childhood things.

 Don’t turn to vices such as smoking, drinking or drugs

This one is important for everyone, but most especially for parents. As tempting as it may be to turn to vices to get you through the divorce, do not give in. Smoking, drinking, or using drugs will only make you feel ‘okay’ for a very short while; most of the time, using these substances end up making you feel much worse as soon as they clear your system. More importantly, you don’t want to set that example for emotionally vulnerable children.

Read more about coping with stress on the CDC webpage.

 

Ginarte O’Dwyer Gonzalez Gallardo & Winograd, LLP is a family divorce law firm located in New Jersey/New York. For more information, please visit us at www.Ginarte.com.

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Child Support Children

Cerebral Palsy

Cerebral Palsy
One of the most common of all childhood disabilities, cerebral palsy, is a disorder which impacts the individual in many different ways. People who live with this condition experience difficulties in movement, motor skills, and muscle tone. Also commonly known as CP, the main cause of cerebral palsy is brain damage which happens in utero, during childbirth, or very shortly after childbirth – in some rare cases, cerebral palsy cans be from brain injury which occurred before the child researches 5 years old. Causes of CP are varied and sometimes unknown; BBC Health points out that some causes include an infection during the pregnancy of the mother or fetus can cause this disorder – other factors include fetal injury in the womb and during childbirth, and infant seizures.

Facts About Cerebral Palsy

  • Cerebral palsy is the number one most prevalent motor disability in children
  • According to the CDC, an average, 1 in 303 children are diagnosed as having cerebral palsy by the time they are 8 years of age
  • African American and Caucasian children suffer from CP at a much higher rate than Hispanic children
  • Boys are 1.2 times more likely to have CP than their female counterparts
  • 40% of children with CP also have a mental disability
  • 35% of people who have cerebral palsy also have epilepsy
  • 1/4 of children with CP actually have both a mental disability and epilepsy
  • Babies born prematurely and/or of low birth weight are more likely to have CP
  • A twin is 5 times more likely to have cerebral palsy
  • Children conceived through IVF are 1.6 times more likely to be born with CP
  • Medical costs for children with only CP are ten times more than a child without a disorder
  • Children with cerebral palsy and mental disabilities will face medical costs which are 26 times higher than a child without either

Signs and Screening

Sometimes symptoms of CP are not clearly visible or easy to pinpoint. Signs of this disorder are not as cookie cutter as they can be with other conditions; each person may have completely different symptoms than the next person. Most commonly, cerebral palsy will start to raise questions around early infancy; when a baby fails to meet developmental milestones, parents often start to become concerned. Babies with CP often miss important markers for rolling over, sitting up, crawling/scooting, and walking. Less obvious signs in infants are abnormal postures, underdeveloped muscle tone, and twitching – these signs might only be noticed by a doctor with experience in this area. Most experts will agree that the earlier a child is identified as having CP, the better. Diagnosis is also very important for families of these children as they will then be able to receive help for care of the child through insurance and certain government programs. Diagnosing a child involves monitoring & screening for developmental cues, and medical evaluations.

Getting Treatment

While there is no cure for CP, there are treatments which can help the individual manage their symptoms. Intervention treatments and programs have proven effectiveness for both children and adults suffering with cerebral palsy. Common treatments include speech therapy and physical therapy, both of which are usually carried out through adulthood. Learn more about research and prognosis for cerebral palsy on the National Institute of Neurological Disorders and Stroke’s webpage.

Salvi, Schostok & Pritchard P.C. is a Cerebral Palsy injury law firm located in Chicago, Illinois. For more information, please visit us at www.cerebralpalsyinjuries.com.

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Child Custody Children Divorce Law

Divorce: Is Your Child the One Suffering?

divorceGoing through a divorce is a stressful and upsetting time for a couple, but you have to keep in mind that this is an extremely stressful time for your children as well. Learning that their parents are splitting and that everything they know is about to change is daunting. Make sure your choice to divorce does not cause your child to suffer unnecessarily. Below are three tips to help your child manage a divorce healthily.

Be Conscious of What Will Upset Your Child

A divorce will probably result in a lifestyle change for your child, and a huge change in their daily routine can cause a child to feel stressed. Try to keep your child’s life as consistent as possible: keep them in the same school, surround them with their same friends, and make sure they keep up the same activities they’ve always loved. Maintaining a routine and schedule when another aspect of their life has become chaotic is integral.

It is also hugely important to make sure you keep heated and emotional debates between you and your partner to a minimum. Arguing, fighting, name-calling or any other nasty behavior does not need to be witnessed by your child. Even if the divorce was messy, remember that this person is still a parent to your child. Avoid blaming their parent, bad-mouthing their parent or fighting if your child can hear. At the end of the day, a child needs to know that both his parents are still in his life and still love him, regardless of the divorce.

Encourage Conversation With Your Child

Another way to ensure that your child manages a divorce the best they can and doesn’t suffer through it is to encourage them to voice their feelings and concerns. Initiate conversation with your child and talk about the changes they can expect to happen during the course of the divorce. Help them put their feelings into words, and listen to their response. It is important to let your child know that the way they are feeling is normal and that you respect their feelings.

If your child isn’t encouraged to speak about the divorce, this could have a negative impact on their behavior. Young children might have a change in appetite, their sleep patterns might be affected, or their behavior in school could be impacted. If your kids are older, they might take uncharacteristic risks. Letting your children speak will only help them emotionally.

Talk Care of Yourself and Learn to Manage Stress

The way you take care of yourself and manage the divorce will also affect your child. If you let the stress of custody and divorce paperwork get the better of you, you might fail to properly care for yourself. When you properly care for yourself and manage stress well, your child will learn how to handle stress and change in a healthy way. Get support if need be so that you can take care of yourself and your children.

Going through a divorce is always going to be a difficult time, but don’t make it unnecessarily difficult for your children. Follow these three tips to help your child healthily manage the new changes in their life. Your divorce shouldn’t result in your child suffering.

If you are going through a divorce, it is important to seek legal representation to mediate the situation and protect your child.  Charles R. Ullman & Associates, Attorneys at Law, are experienced divorce lawyers who can help you manage stress during this difficult time, ultimately shielding your child from the unhealthy effects.  For more information about this North Carolina divorce law firm and how they can help you, visit the website at  www.divorcelawnc.com .  

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Children

School Bus Accident Statistics

School Bus Accident StatsAccording to an in-depth research study conducted in 2008, the National Highway Traffic Safety Administration estimates that approximately 142 people die every year due to an accident involving a school bus or other vehicle used as a school bus. Of these reported casualties, 72 percent were drivers or passengers in vehicles other than the school bus involved in the accident. The remaining percentage of victims are primarily school-aged children, drivers and bus monitors, with nearly half of killed children falling within the five- to seven-year-old range.

What are the Causes of School Bus Accidents?

While the reasons behind school bus accidents and their resulting injuries, death and damage vary from case to case, there are a few very common causes that have been observed since buses took over as the primary mode of transportation for school-aged children.

  • Driver Error – A large number of school bus accidents have been attributed to driver error, distraction or other complications that inhibit driving ability under a certain set of circumstances. Due to the growing number of accidents associated with distraction of the driver related to cell phones, mp3 players and other hand held devices, numerous laws have gone into effect regarding their use. In most areas of the United States today, the use of a mobile phone for calling or texting purposes is outlawed within a certain radius of elementary, middle and high schools during peak travel hours. Bus drivers themselves are prohibited from using a cell phone or portable music player while operating the bus.
  • Vehicle Malfunction – Mechanical problems with engine, transmission, tires, hydraulics and other integral systems can result in a variety of dangerous issues that cause loss of control and crashes all over the country. Proper inspection and routine maintenance of all buses on a school’s fleet is mandatory in order to ensure the safety of students, school staff, pedestrians and other motorists on the road.
  • Old or Defective Equipment –  Although the presence and use of seat belts in private and business vehicles is mandated by state law throughout the country, hundreds of thousands of school buses are still allowed to transport children to and from home every day without any restraint system whatsoever. Even in buses that have been equipped with proper seat belts, hundreds of children are injured due to faulty belts, buckles or seats. Continuing support and demand for improved safety systems in school bus fleets has managed to make a slight difference in schools that possess the funds and means to update their buses. Schools in less prosperous areas, however, often find it difficult, if not impossible, to provide their students and their families with the peace of mind that seat belts and quality safety equipment have to offer.

Approximately 17,000 children are hospitalized or treated in an emergency facility every year due to an injury sustained while on or near a school bus. Replacement of out-of-date vehicles and accessories can help bring this number down significantly, allowing school children, their families and school administration officials to feel more confident in the transportation system that millions of people rely upon every day. If your family has been negatively affected by an accident directly related to school bus use or malfunction, you may be entitled to legal and financial recourse. An experienced personal injury attorney will assess your case and determine the most effective course of action to obtain compensation.

Janet, Jenner & Suggs, LLC is a Cerebral Palsy law firm located in Baltimore, Maryland/Columbia, South Carolina/Asheville, NorthCarolina. For more information, please visit www.cerebral-palsy-injury.com.