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Domestic Violence: A Guide for Lawyers
As legal professionals, it's crucial to comprehend the profound impact domestic violence has on every decision made in a family law file. From the first disclosure of abuse by the client, a lawyer's role expands from just legal representation to a key participant in assessing risks, ensuring safety, and navigating the complexities of domestic abuse cases.
Emergency Exceptions for Parenting Time
Emergency exceptions refer to situations where the court deems there is an urgency or hardship, or for some other reason in the interests of justice, a case conference is not required. This means that a motion can be brought on an emergency basis, bypassing standard procedures. But what constitutes an 'emergency'?
How to Apply for a Parenting Time Order
Parenting Time, often known as visitation, is a crucial aspect of any family law case involving minor children. It essentially determines the amount of time a child gets to spend with each parent following a separation or divorce. However, the process of applying for a Parenting Time Order can be complex and overwhelming
The Role of the Office of the Children's Lawyer.
When dealing with parenting cases, the court often seeks assistance from the Office of the Children's Lawyer (OCL). The OCL plays an integral role in representing the best interests of the child, ensuring their needs and wishes are considered in the parenting arrangements.
The Importance of the Maximum Contact Principle in Parenting
In simple terms, this principle views a person's willingness and ability to foster a positive relationship between their child and the other parent as a significant factor in assessing their parenting ability. It underscores the importance of both parents' roles in a child's life and emphasizes that a child should have as much contact with both parents as possible, as long as it's in the child's best interest.
The Gordon v. Goertz Case
The Supreme Court, in the Gordon v. Goertz case, articulated a series of steps to be adhered to in mobility cases. The process commences with the parent proposing the move demonstrating a substantial change in circumstances affecting the child. Once this change is established, a renewed examination of what is in the child's best interests ensues. This assessment takes into account all relevant facets of the child's needs and the capacity of the parents to fulfill them. The crux of this analysis is the child's best interests, not the rights or interests of the parents. The existing custody and access arrangements, the child's views, potential disturbances as a result of a change in custody or relocation, and the custodial parent's reasons for moving all play a crucial role in this evaluation.
Mobility Rights in Parenting Cases
Mobility rights, also known as relocation rights, form a significant part of family law. Often, these rights become a point of contention when the primary parent decides to relocate with the children. Such a move can significantly impact the other parent's access to and participation in the children's lives. It's worth noting that any discussion or legal action concerning mobility rights should always prioritize the child's interests over the rights of either parent.
Temporary Relocation in Parenting Cases
One of the most significant and often complex questions that arise in these cases is the issue of temporary relocation. Usually, this scenario occurs when a parent wishes to move temporarily, often due to an employment opportunity or an educational course in a different location.
The nature of this temporary move, its implications for the child or children involved, and the legal aspects surrounding it can make it a complicated issue to navigate. This post aims to delve deeper into the subject, shedding light on the legal aspects of temporary relocation in parenting cases.
Child Relocation Cases in Family Law
Relocation cases are amongst the most complex and emotional issues tackled in family law. When a custodial parent decides to move and wishes to take their child with them, it can result in a legal dilemma, often requiring a rapid resolution. Let's delve into this topic by exploring the motive for the move, the legal considerations during the interim stage, and the necessity of expedited hearings.
Relocating with Children
Relocating to a new area can be a daunting endeavor, particularly when it involves children. It is imperative to ensure that the transition is as smooth as possible for the child, considering every aspect of their life in the new location. This blog post aims to discuss three primary considerations for parents planning to relocate with their children, namely, education, childcare and medical care.
Representing a Parent Seeking to Relocate with a Child
Going through a relocation process as a parent with a child can be a complex and challenging situation. It becomes even more complicated when parenting agreements come into play. This blog post aims to guide counsel or legal representatives on how to best handle these situations and represent a parent seeking to relocate with a child.
Parenting Orders and Agreements
In the realm of family law and more specifically parenting, the necessity for clear, specific and legally binding agreements cannot be overstated. These agreements serve an essential function in ensuring the best interests of the children involved. Furthermore, they play a pivotal role in averting potential complications and conflicts between parents. A prime example of such a situation is the unauthorized removal or retention of the child outside of their habitual residence, a circumstance often referred to as parental abduction
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