Tag: Family Law

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Child Support Children Divorce Law Domestic Violence Family Law

How To Evaluate Your Family Lawyer

If you are in need of some legal assistance for a divorce, child custody or even an adoption issue, you will need to retain the help of a family lawyers. To ensure that you are making the right decision and are choosing a lawyer who will be able to help you out of whatever sticky situation you have found yourself in, you will need to put them through an evaluation process that should give you all the answers you need.

Step 1: Begin by asking around for referrals. If you know anyone who has gone through a legal battle similar to the one you are about to embark on, ask who they used to represent them. Lawyers that receive several recommendations are generally a good bet.

Step 2: Arrange a meeting with each family lawyer that you are interested in hiring. Make sure that, when you arrive at the meeting, you have prepared a list of questions that you wish to ask. These questions should surround their experience, how many cases they’re working on at the moment, which courts they generally practice at, and so on.

Step 3: If you are satisfied with your initial meeting, you should call your state bar association to enquire as to whether there have been any complaints filed against the lawyer. The bar association should also be able to tell you whether the lawyer has been sanctioned.

Many people also like to use the initial meeting with their family lawyers to evaluate their personality and demeanor. Whilst this is not an imperative part of your decision regarding legal representation, it can give you a good idea of what kind of person you are dealing with. Remember that a good relationship increases your chances of a more favourable outcome.

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Family Law

Concerns Voiced Over Legal Aid Cuts and Family Law

Over the past few weeks I’ve been doing a lot of writing on the subject of the pending April 2013 legal forms. These so-called ‘Jackson reforms’ will come into place at the beginning of Q2 next year and will affect a number of areas of law, including family law. The effect it will have on family law however, is a more indirect one. While much of the changes will be felt as ripples through the personal injury sector in a very direct sense, the pending cuts to the Legal Aid bill are the main effect which will be felt by families who depend on its financial aid and free legal advice.

The current budget for the Legal Aid bill stands at £2.2 billion and the government would like to see it cut by £350 million from that annual total. This is a particular problem for personal injury as these types of cases will not be going back onto the bill in spite of the abolition of the no win no fee arrangement. In the instance of family law, many family law cases which might have sought to get help from Legal Aid will not be able to as there will not be enough funding to go around.
Image shows a stack of legal books to represent the sense of justice lost in this family law news storyThe Family Law Bar Association has stated that the changes which have been proposed will have a particular effect on the speed in which divorce hearings are made. Another drop from the list of legal aid for which the budget provides is free advice for families who may be entering legal matters. However, in spite of the Family Law Bar Association’s issues, the government believes that the proposed changes will go towards encouraging more people into mediation and out of the courtroom. In my opinion, these hopes are somewhat optimistic, if not a flat-out excuse to save money.

On average, around 250,000 cases of family law in the form of both familiar breakdowns and divorce receive help from Legal Aid and these figures come from the Citizens Advice charity, a reliable source. The organisation has stated that, should the government go ahead with the pending cuts to Legal Aid that this number would be reduced to around 40,000 cases per year. The head of the Family Law Bar Association, Nicholas Cusworth QC has voiced his concern over the lack of availability of financial help may have a drastic impact and leave people without specialist advice which they so desperately need should they find themselves in these difficult circumstances. Family law is one more area where the budget cut may remove justice from the masses.

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Domestic Violence

Wrongfully Accused Of Domestic Violence? 5 Things You Need To Know

Domestic violence is a serious problem in the United States. Several high profile murder cases have shown what unreported domestic violence can lead to. Unfortunately, there are those who will make false domestic violence allegations against another person in order to have ammunition in custody battles or even just to punish someone for a real or imagined slight. Sadly, the court system is not properly set up to handle those unjustly accused of domestic violence, so many innocent people face harsh consequences. Knowledge will give anyone an advantage in court, so there are five specific things a person should know when wrongfully accused of domestic violence.

1. Custody Issue

Many people will be tempted to take a plea deal to get out of jail quickly. This is a terrible idea, especially if a person has children. A protective order will likely be issued for the accuser and their children, which will already take time away from the accused parent. The big issue is that a domestic violence conviction can be used against a person in a child custody case. If a court has the choice between two parents, one of whom has a domestic violence conviction, the court is likely to side with the accuser.

2. Housing Issues

Even if a person hasn’t been convicted, the false accuser will have exclusive use of the couple’s home. This means an accused person cannot go to the house until the court gives them permission, even if the home is solely in their name. A person must contact police to have an officer escort them to the home if they want to remove any of their belongings.

3. No Physical Contact Necessary

Many people believe that they must physically touch someone for a domestic violence charge to stick. This leaves many people sitting in jail when they choose to represent themselves or use an overworked public defender. Domestic violence can consist of an assault on a spouse. Assault is defined as the threat of harm with the actual ability to cause it. According to Katz & Phillips, with so many nuances in domestic violence issues an Orlando criminal defense lawyer can help you navigate the pitfalls inherent in a domestic violence case. When charges can be brought based solely on a significant other claiming that they felt threatened, it is nothing to be taken lightly.

4. Keep Track of any Communication from Accuser

There are times when an accuser may contact their spouse and want to meet up with them. All domestic violence cases bring with them an automatic restraining order, so under no circumstances should this be done, even if the two have completely resolved their issues. This may also be a clever ploy to have the accused violate their restraining order. There is still a criminal case which must be considered. A person should keep record of any calls, texts or emails where the accuser requests a meeting. This will show the court that the accuser is not in actual fear for their own safety.

5. Anger Management

Courts will often sentence a person to anger management classes if they are convicted of domestic violence. These classes must be completed even if a person reconciles with their false accuser. The state will not provide these classes free of charge, so it will become another unfair burden on the wrongly accused. This is just another portion of money that a person will lose if convicted, so it is very important to find an Orlando criminal attorney who can handle the case. Facing a domestic violence charge alone or with a mediocre lawyer is the best way for a person wrongly accused of domestic violence to face consequences that they don’t deserve.

False domestic violence allegations have the same consequences as an actual domestic abuse case. These charges should never be taken lightly due to the fact that a conviction will most likely have permanent negative effects on a person’s life. An experienced and knowledgeable lawyer should be hired as soon as possible. The cost of a lawyer is nothing compared to the consequences that a conviction brings with it.

Molly Henshaw is a freelance writer and law student living in the DC metro area. She is also a contributing author for the defense team of Katz & Phillips. It is essential to consult an attorney and be aware of all of your rights!

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Civil partnerships

Understanding civil partnership laws in the UK

As a gay or lesbian couple, you desire the same rights as heterosexual couples when it comes to building a family and creating a home where you feel safe and comfortable. Fortunately, the Civil Partnership Act that formally took effect in 2005 enables you to do so, and changes to that law in 2011 broadens your spectrum of rights.

In order to exercise your rights, however, you must first know what they are and stay informed on the evolving issue of civil partnerships. Here are the basics.

Civil Partnerships: What benefits do they include?

Civil partnerships in the UK have been designed to extend nearly the same rights as marriage does to heterosexual couples. These rights include domestic violence protections, inheritance tax exemptions, benefits for social security and pension, inclusion of both partners in tenancy contracts, next of kin rights, and the right to apply for responsibility for a partner’s children.
What’s the difference between a civil partnership and a marriage?

There are a few differences that can be highlighted when comparing the two legally-recognized relationships. Civil partnerships are created when the two parties involved sign official documents, rather than when they recite marriage vows. Also, during the dissolution of a civil partnership, adultery is not officially recognized as a reason to end the relationship. Though civil partners have pension rights in most cases, some private plans may not choose to recognize the relationship.

What are the latest changes regarding the legality of civil partnerships?

Civil partnerships were first legalized in November 2004 (taking effect officially a year later in December 2005). However, recent legislation, passed at the end of 2011, has broadened the recognitions for same-sex couples under the law.
When the Civil Partnership Act was passed, it stipulated that same-sex couples could not incorporate a religious ceremony (which included the use of symbols or music) into their formation of a civil partnership, nor could the ceremony take place at a religious venue. The new legislation relaxes these restrictions, allowing civil partnership ceremonies to be performed in religious dwellings. However, religious symbols and music are still forbidden.

Where in the world are civil partnerships recognized?

If you are making plans to spend time outside of the UK on holiday or move to a different country, the best way to find out if your travel plans will be affected by the recognition of your civil partnership (or lack of recognition) is to call or email the UK embassy in your travel destination to ask questions. In general, other countries that recognize civil unions are apt to honour your partnership.
The legal landscape of rights for same-sex couples continues to change. In March 2012, the UK government began a consultation concerning how to open the path for both gay and straight couples to have identical rights for civil partnerships and marriage. If you need legal advice concerning family issues surrounding a civil partnership, contacting a family law firm like Irwin Mitchell might be a good idea.

To find out more about the legal rights granted to civil partnerships, visit direct.gov.uk.

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Family Law

The Place of Children in Family Law

When dealing with divorce or the breakdown of a family, everything becomes a balancing act for a solicitor. Unlike in more straightforward property cases or employment disputes, there are often three parties involved in divorce and family law solicitors see a huge number of cases which involve one or more children.

The difficulty for family law experts is finding where the right balance. The law in the UK says very little about the rights of children and because of this most cases involving children are settled out of court with the help of a family law solicitor. Compare this to family law in somewhere like Australia, though, where a new reform bill means that the safety and rights of children will be paramount in disputes between couples and the outcomes of complicated cases will be decided by a court of law.

Of course, it’s a very complicated matter, but does the law do enough for children in the UK? What does the law say and how are children protected? Should we move towards a system where children are given explicit legal rights or does our system do the job?

Well, the first concern for the family law expert in any relationship breakdown is violence. The UK law states that the courts will only make an order against a particular parent having access to their child if not making that order would be more detrimental. Where one parent has demonstrated the willingness to commit violent acts against children the courts in the UK can still be firm and clear and it will become very hard for a violent parent to gain any access to their child at all.

It’s an equally common view amongst family law solicitors that children are happier if both parents have an influence in parenting. This is, of course, the ideal, but often negligent parents impose a negative influence on children and this is where out of court agreement really do work. A system where the child’s right or desire to its own joint care results in a parent who is disinterested being forced by a court to take charge could be potentially very dangerous.

Of course the Australian system is fraught with problems and the administrative costs of allowing courts to have such power in deciding what is right or wrong for a child can come at a massive time cost. It’s well known that divorces can take up to two years to resolve and dragging out what is potentially a very difficult time for all is not desirable for anyone.

The way that children are protected in the UK relies on both parents putting their own personal views of each other behind them and agreeing to come to a sensible arrangement. The law provides for the occasions when the parents are unable to do this and courts will step in if they need to. Really this way provides an adequate solution in difficult circumstances and when children’s well-being is at stake, a more powerful but administratively costly court just doesn’t seem to be the right solution.

Clough & Willis Solicitors are based in Bury, Manchester and the specialist Family Law team at Clough & Willis have extensive experience in divorce law, maintenance payments, financial settlements and child custody and can advise on all aspects of your situation. All Clough & Willis divorce solicitors are members of The Law Society Family Panel and Resolution.

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Children

Family Law Update Puts Emphasis on Children’s Best Interests

A new bill of law has been announced in the Queen’s Speech at the state opening of Parliament regarding children and families. The bill will see plans implemented in order to allow parental leave to now be shared between a child’s parents, make the process for adopting international families easier and also provide a greater number of choices for children with special educational needs. Finally, it will improve the access given to children by their fathers in the wake of a divorce. Ministers are now planning to introduce more flexibility following an independent report being published in May 2011, recommending that the right to request such flexibility be extended to people with parental responsibilities to children below the age of 16. Changes to the law surrounding adoption will now prevent local authorities from delaying the process in order to find a perfect match if a suitable one is currently available. Compensation will be available to families who suffer as a result of the new procedures not being followed.

Ethnicity of the child’s prospective adopters and a child will now take second place in the majority of cases in order to speed up the process of finding a child a permanent family. Furthermore, the government plans an introduction of a number of further recommendations which are contained in a final report of the Family Justice Review published at the end of last year. These include adjustments such as a limit of six months by which care cases must be completed, making it explicit that case management decisions can only be made after the interests of the child have been taken into full consideration. It’s hope that this will focus courts on issues which are essential to deciding whether or not to implement care, and get rid of any unnecessary procedures in family court proceedings by removing the requirement for interim care and supervision orders.

To further bolster the positive improvements being made in legislation, the government will also introduce changes to ensure that a child maintains a relationship with both parents following a family separation, but only in circumstances where it is both safe and in the best interests of the child. Professionals working in the legal field have met the adjustments in law with varying opinions. Some state that the proposals do not to work in the best interests of the parents, while others say that the law could’ve taken the best interests of the child even further. Further reading on the children & families feature in the Queen’s Speech 2012 is recommended.

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Child Custody Family Law

What factors do the court take into account if there is a court dispute over child residence or contact?

If negotiations over child residence or contact via family solicitors or direct fail, then the may be no other option than to proceed via the court system. For example, where a non resident parent considers that the resident parent has become unfit to care for the children or where they wish to have the children reside with them, they may consider applying for a residence order themselves, but the court will take in to account the following factors to ensure that the child’s best interests are at the forefront of any decision:

(a)the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding);

(b)his physical, emotional and educational needs;

(c)the likely effect on him of any change in his circumstances;

(d)his age, sex, background and any characteristics of his which the court considers relevant;

(e)any harm which he has suffered or is at risk of suffering;

(f)how capable each of his parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs;

(g)the range of powers available to the court under this Act in the proceedings in question.

This is called the welfare checklist and is governed by section 1 of the children act 1989. A court will have regard to this when a party applies for any order involving a child of the family. Such order could include a residence or contact order, as detailed above, a prohibited steps order, where one party wishes to prevent the other from taking certain actions in relation to the child, or a specific issues order. This type of order is usually made when the parties cannot agree on the course of action to be taken as to a certain issue, such as the schooling of the child or the medical needs of the child.

Another order that may be made is a parental responsibility order, which is an order to give parental responsibility to a person, who has not acquired this automatically. If a resident parent is worried about the threat of violence or harassment from the other party, they may wish to apply for a non molestation order, this would cover the resident parent as well as the children of the family.

For any other family law enquiries, Darlingtons Solicitors can help.

Categories
Divorce Law Family Law Separation Law

My spouse and I are looking to divorce but are worried about the costs involved in the process, is there any help we can get on this matter?

The result of a divorce or separation is that two households will often have to exist on the same amount of money as one did previously. This is unfortunately made worse by the costs that will flow from your divorce. There are three main ways in which you can reduce on your legal costs in this procedure.

The first method would be to attempt to carry out the divorce informally, known as informal separation. If you and your partner are married, you can separate by such an informal arrangement. If you and your partner agree, you can also make arrangements about children, money, housing and other property without going to court. However, any informal arrangement made when you separate may affect future decisions if you do ever go to court. You should be aware that a court may change an arrangement you and your spouse made if it considers it to be unreasonable or, in the case of a child, not in their best interests.

Another method that can be employed to reduce legal costs is through what is known as a separation agreement. This is a written agreement between you and your spouse when you intend to stop living together. It sets out how you wish to sort out financial arrangements, property, and arrangements for the children. It is advisable to consult a divorce lawyer when drawing up a separation agreement, but you should work out in advance the general areas you want to cover. This will help to reduce your legal costs.

A final method that may be used in such circumstances would be for you to utilize the services of Legal Help. Legal Help allows people with a low income to get free legal advice and help from a specialist divorce solicitor or an experienced legal adviser. The solicitor or adviser must have a contract with the Legal Services Commission (LSC) to be able to provide Legal Help. You should be aware that in such cases the divorce solicitor will only be able to help you with legal advice and not with the drafting or endorsement of any legal documents.

Categories
Family Law

Welcome to Family Blawg

Family Law Justitia Image

Welcome to Family Blawg, a legal news blog on family law for family lawyers, the general public and potential clients of family solicitors.Family Law Justitia Image

A complex area requiring advice from specialist solicitors with an understanding and appreciation of sensitive issues, family law and practice involves divorce, separation, wills, children’s rights and divorce settlements.