Category: Family Law

Family law news and intelligence from family lawyers and family law professionals.

Categories
Child Custody Divorce Law Family Law

Factors That Will Determine The Outcome Of A Custody Battle

Child custody laws are meant to provide a legal structure to govern relationships between divorced parents and their children. Preferably, divorced parents are supposed to work together to have a cordial agreement to have shared custody, but this if often not possible due to resentment between the divorced spouses who tend to drag their children in the divorce and marital disputes. This raises the need for you to hire a divorce attorney or a child custody lawyer to assist you in your child custody battle.

The best interest of the child is the major focus in determination of child custody. Thus, every aspect of both parents life, both past and present, is put under scrutiny so as to determine which parent is most suited for child custody.

Here are some of the factors that will determine the outcome of a custody battle:

Stability

This is a general term referring to different aspects of an individual’s life. You need to have your life together for you to be awarded sole custody of the child. The factors to be considered here include your ability to provide safe home, environment and social setting for the children, your employment status and financial security, criminal history and psychological stability (history of substance abuse, mental illness, and child neglect or abuse). Thus, you must prove in court that you are more stable than your partner.
Relationship With The Children

The court knows that quite often, spouses file for full custody of the child just to hurt their ex without necessarily having developed a relationship with the children. Thus, it is important to leave out personal vendettas out child custody cases because the court will investigate whether you have strong ties with your kids. Thus, the court is likely to award custody to the parent with stronger emotional ties with the children.
The motive

Just as mentioned earlier, some parents may seek custody just to get back at their spouses. Though it’s normal for parents to want to be with their kids, you must prove to the court that it is in the child’s best interest to be awarded sole custody. For instance, a father asking for sole custody of children less than 5 years does not consider that this can emotionally hurt them or can create an emotional barrier with their mother. Thus, the court is likely to award custody to the parent who can prove that his or her motive is in the best interest of the children.
The wishes of the child or children

The child’s wishes can also be taken into consideration in determining custody cases. Nonetheless, this factor is greatly dependent on the age of the child where the preference of children below 6 years old may not hold as much weight in court as the preference of children above 12 years.
Other factors that will determine the outcome of a custody battle includes:

* The health of the parents and the child’s age, sex and medical needs
* Impact of changing living arrangements to the child or children
* Quality of life, including health, education and social life while living with one parent
* Effect on the child’s established lifestyle which includes school, home, church etc.
Categories
Child Custody Family Law

Is It Possible To Win a Child Custody Battle Without a Lawyer?

(Guest family law blog post based on family law practice in the US and generally; Views are those of the author and not necessarily those of FamilyBlawg)

Are you wondering is it possible to win a child custody battle without a lawyer? Well, the good news is that you can get some respite from the struggles involved in child custody proceeding. This is because you can embark such a proceeding without legal representation.

Here’s a list of 5 Easy Steps To Win A Child Custody Battle Without A Lawyer:

Step 1:
Go to a clerk in the court and obtain a motion for child custody or modifying a child custody form. The court clerks will typically maintain these forms, required to address a range of custody issues. Some locations allow you to download relevant forms available on the court’s website. Indicate to the court that that the existing custody arrangement is no longer serving the best interest of the child. Complete the motion for modifying the child custody form. Take care to follow all the instructions given by the court clerk.

Step 2:
Study your state’s existing child custody laws. You can easily undertake this by accessing the legislature website of your state. Additionally, you can visit a Legal Aid office or law library, where you could read about the relevant legal provisions, find forms or copies of motions, ask questions and understand more about successful child custody cases.

Step 3:
Keep a detailed record of all calls and visits with your child. If you have issues with the other parent not allowing you visits or late visits of the other parent, write them down to use during the hearing. Participate in all social, psychological and home evaluations. This will facilitate your case in moving forward quickly. It will indicate to the judge that you are co-operating. You could give a specific example if there is a change in circumstance, in order to support your request to change custody. For instance, if the custodial parent has developed a problem related to substance abuse, it can serve as a sufficient status quo alteration in the given situation.

Step 4:
Obtain your hearing date either from an administrative assistant for the judge assigned to your case or from a clerk of the court. On the day of the scheduled hearing, present all the evidences to support your request for child custody or to support the requested modification of an existing custody arrangement. Learn all the local court procedures and rules. Every court has their procedures and rules for custody cases. Find the procedures and rules followed by your court.

Step 5:
Prepare for the court hearing a week in advance. Gather all the important evidence, motions, exhibits, rules and laws. Make a short summary to be read aloud in the court, favoring your case. Mark all the important key points for you to remember. Reach on time to attend your hearing. Carry all the notes, exhibits, responses and your evidences supporting your child custody application. Dress appropriately, preferably in a business attire. Address the judge appropriately, as “Your Honor,” speak clearly and follow all the court rules.

Remember, the decision to obtain or modify child custody, is an emotionally challenging and legally complex procedure, under the family law proceedings. Prior to taking any action, you must correctly comprehend the essential elements associated with an existing order for child support without undertaking any legal assistance.

Categories
Adoption Children Family Law

The Adoption Process: Will Your DUI Conviction Affect The Outcome?

Lourdie Adoption Ceremony August 11, 20104

A DUI conviction can have repercussions that go beyond the stigma of having a criminal record. For instance, a drunk driving charge can affect whether a person can continue on with school, get employment, make purchases that require loans like real estate and vehicles, and even rent an apartment. Another thing that a DUI can affect is the ability to adopt a child since quite a few investigating agencies use DUI convictions against parties desiring to adopt. Below are some steps that individuals may take in order to help their cause with adoption authorities.

First – Hire a DUI lawyer

If you are considering adopting a child and you have a DUI conviction, a DUI attorney can assist you with several key steps that may make you a more desirable candidate for adopting. Katz & Phillips, a law firm in Tampa, offers this about defense against DUIs, “…you really might have been perfectly fine to drive, but something went wrong during the arrest process to convince the authorities otherwise.” A critical defense such as this could be the key to getting a DUI conviction expunged from your criminal record. Your lawyer can assist with the following steps:

1. Gather court and Department of Motor Vehicles records to review exactly what anyone who is performing a basic background check will see.

2. Ask a DUI attorney if an appeal is possible on a conviction. While this may not entirely clear a record, it could still be beneficial.

3. Consider having a DUI conviction expunged from the criminal record. While it is no guarantee, this process can help other things besides adoptions, so it is worth the time and effort. Contrary to popular belief, DUI convictions do not automatically clear from a criminal record once seven years have passed. Unless it is expunged, the conviction will appear on most any criminal background check. However, keep in mind that felony DUI convictions are rarely expunged. Also, some states disallow expunging misdemeanors as well.

Ensure that the court record as well as the DMV record is cleared. Otherwise, there is a risk that it will still show up in a background check. Also, while the conviction may not appear on a background check, it may surface during the course of a more thorough investigation. Because adoption agencies operate under more stringent guidelines, they may have access to this information in the same way that a police department or the FBI would. This is because once a DUI is on a record, law enforcement can become aware of it even after expungement when they are checking for prior arrests and convictions.

4. Have the court record examined thoroughly as well as the DMV record to ensure that the conviction was actually expunged.

5. Arrange to complete a homestudy program with regard to the DUI. This will help convince an adoption agency that responsibility was taken for the situation to increase the possibility for a successful adoption.

6. Consult with an adoption lawyer and explain the entire situation so that he or she may recommend how best to proceed.

7. Try speaking with several adoption agencies about the situation. While some agencies require several years after a DUI before they will consider an application, others may have different guidelines to deal with the situation.

8. Consider Disclosing DUI Information because, in the end, if a DUI arrest is not disclosed and is later discovered, an adoption agency may have the right to deny the application automatically. However, if it is explained that the matter was expunged from the record, there could be a possibility that the agency will consider the adoption application.

Both DUI convictions and adoption are complex processes. Therefore, regardless of which avenue is pursued, it is best to first clear the DMV and court records as well as possible with the help of a DUI lawyer. Then concentrate on the adoption process with an expert family lawyer guiding you through the process.

Photo credit: http://www.flickr.com/photos/stevendepolo/4886622275/

Categories
Divorce Law Family Law Finance Marriage

The Divorce Process: Where to Begin

Most couples do not begin their marriages with the anticipation of ever getting divorced. However, as statistics consistently show, close to half of all marriages end in divorce today. When a husband or wife decides to end his or her marriage, that individual may wonder what steps to take and how to begin the process. The process to get a divorce may take some time; however, following these steps can ensure that each party’s best interests are addressed and that the matter is settled as fairly as possible.

Start Saving Money

Because most couples share bank accounts, a husband or wife may not have immediate access to the funds needed to file for divorce. If possible, a person should try to set aside money out of each paycheck and save these funds for the divorce proceedings. It may take a few months to save enough money to file; however, without the needed money, people may not be able to file, especially if they do not qualify for free legal services through the state or social organizations.

Retain a Good Lawyer

People can certainly file for divorce on their own at the courthouse. However, in most cases, this idea is not advisable. A divorce lawyer is trained to advocate for clients and to ensure that each petitioner’s interests are protected. An attorney can help a client go through what is referred to as a discovery process where the couple’s assets are identified and the reasons for the divorce are solidified. Through his or her divorce attorney, a person can work toward a mutual agreement with the other spouse without having to go to trial. If, however, an agreement on the matter cannot be reached, a person can be well served by having an attorney by his or her side as the case goes through the trial process.

Finding a good divorce lawyer can be a relatively hassle-free process if people take several things into mind. With the Internet now a popular referral tool, people can search online and find experienced attorneys in their area. For example, a search would be done online for an Orlando divorce lawyer for plaintiffs in the central Florida area, to obtain a list of local lawyers knowledgeable in divorce law. They can consider previous clients’ online recommendations, as well as ask friends and family members for advice. Clients can also discover if an attorney can help by going to an initial consultation. Retaining a lawyer for the divorce can make this process less traumatic and difficult.

Make Lifestyle Adjustments as Necessary

As they approach a new life path, people may need to adjust their lifestyles accordingly. If a person does not have a job, for example, that individual could be urged to find employment and begin working before the divorce is filed. Having an independent income can make adjusting to post-divorce life easier. Likewise, if a person is under-employed or does not have benefits like life and medical insurance, that individual may be advised to look for a higher paying job and retain these benefits as soon as possible. People going through the divorce process must learn to rely on themselves rather than someone else for their well-being. Adjusting their lifestyle and planning ahead can ensure that they successfully rebuild their lives after they are divorced.

Knowing how to begin divorce proceedings can empower people who are no longer happy being married. Retaining experienced legal counsel and allowing a lawyer to advocate for them in court can be the most crucial aspect of the divorce process. An attorney can help a person come out of the divorce with their best interests intact.

Lisa Coleman encourages employing experienced legal counsel during the process of a divorce while handling the emotional transition into an adjusted lifestyle. Katz & Phillips, P.A., a client-focused divorce firm, is experienced in all aspects of divorce law and can represent and counsel a client through their divorce proceedings.

Categories
Divorce Law Family Law

Some Hallmark Holidays Are Not Just Hallmark Holidays

Just through another Mothers’ Day-Fathers’ Day cycle, we are reminded again that not everything that is commercially exploited is bad. As parents and grandparents, we enjoyed sweet moments this spring; and as divorce mediators, we learned again, that for separated spouses, simple celebrations can have healing significance, whatever we or others may think about them. If we fail to listen carefully enough, or to respond appropriately, we can add to the thousand cuts that often characterize the divorce process.

Obviously, this is not only about parents’ day celebrations but about events small and large that are too numerous to catalogue, including birthdays, soccer games, camp visits, 5th grade “graduations” and others not in mind. It is also about attuning ourselves to our clients’ pain and the spouses’ willingness, conscious or otherwise, to reduce or enhance it for each other. Sometimes they need help to see that symbolic things hurt, that hurt parents are often surrogates for hurt children and that the golden rule is sometimes more about kids and parents than about gold. As “neutrals”, we are ideally placed to miss the cues or to provide this help. Most mediators wish first to do no harm, but in many small, yet important ways, these are opportunities for us to do good.

We are professionals, but human beings first. Many of us have children and grandchildren of our own. Some of us are divorced. This personal experience may help guide us, but it is also important for us to understand always, that our cases are not about us. Any sense that we are inattentive or even dismissive of symbolically laden matters undermines our effectiveness, and it reduces our chances of achieving settlements. And worse, we can become one of the thousand cuts.

Personally, we can’t wait for Mothers’ Day and Fathers’ Day, next year.

For more information about divorce mediation in Boston MA, family law mediation, and other forms of private dispute resolution such as arbitration, please feel free to visit www. LevineDisputeResolution.com, including blog and newsletter archive, which you may receive directly by clicking the RSS button.

Categories
Family Law

Abortion and the Law

There are no uniform codes or model acts that govern abortion law, and each state is free to create laws that govern abortion within its own borders. With respect to Supreme Court rulings and federal legislation, there remains wide diversity among states regarding the interpretation and implementation of abortion rights and restrictions.

Landmark Cases

Prior to the Supreme Court ruling in Roe v. Wade in 1973, any state was free to make laws restricting or banning abortion. However, the Supreme Court ruled that banning abortion was unconstitutional, and a woman’s right to privacy, derived from the Fourteenth Amendment, included the right to have an abortion. Nevertheless, what the court did not say also impacted the state’s rights in a way that caused disunity from state to state. The Court did not say that a woman had a right to an abortion at any point in her pregnancy for any reason. Indeed, the Court acknowledged and affirmed that a state had the right to restrict abortions when fetal viability had been reached. An additional Supreme Court ruling in Planned Parenthood v. Casey (1992) prohibits a state from placing an undue burden on a woman seeking an abortion.

Federal Legislation

Two federal laws additionally impact abortion rights:

The Partial Birth Abortion Ban Act was signed into law by George W. Bush in 2003. This procedure involves the partial birth and killing of a fetus before completing full delivery.

The Unborn Victims of Violence Act also signed into law by President Bush in2004 recognizes the fetus as an “unborn child.” Many states have also adopted the concept of the “unborn child” as victims of violence and murder. Twenty-seven states define “unborn child” as a child at all stages of prenatal development. Nine additional states define “unborn child” using various standards.

Disunity among States

Language and definitions are frequently an issue when legislation is enacted or when laws are challenged in court. Judicial rulings, such as Roe v. Wade and other case law determining constitutionality and addressing issues such as “State’s rights”,  “undue burden” and “right to privacy” are complex and less than definitive in many cases. This intrinsic problem with language and interpretation of intent among other things lead to variations among state laws.

In matters of human life and personhood, the Supreme Court has declined to identify when life begins. Although there is a standard of viability, the care of preterm babies has continued to improve the viability. State laws that define viability will continue to face challenges. Furthermore, some states have tried to pass “personhood” legislation to give rights to unborn babies.

Laws that strictly regulate physicians and abortion providers, while not specifically addressing abortion, have been enacted in some states to limit the availability of abortions. For states wishing to limit abortion, this has become one method of doing so. These regulations and restrictions continue to face legal opposition from pro-choice advocates who often use the “undue burden” doctrine as a challenge.

All abortions are not necessarily legal. Various state laws have articles within their abortion statutes that define illegal abortion. Some are very broad, stating that any abortion that does not comply with the statutory requirements of legal abortion is illegal. West Virginia law has a more restrictive definition included in its criminal code stating that any abortion procedure other than that to save the life of the mother or child is illegal and is a felony.

Although the Supreme Court restricted states from banning abortion, there is no federal law that prohibits states from making law to further regulate abortion. States will continue to implement laws to regulate abortion according to the wishes of their citizens through the state legislative process.

Byline

Jonathan Sheridan is a freelance writer focusing on legal topics such as Family Law, Sexual Abuse of Children, DUI & Criminal Defense, Intellectual Property and other areas.

Categories
Family Law Finance

Signs that a Nursing Home is Being Negligent

elder neglectWe’ve always been told to “respect our elders”, but looking at the news and hearing the horrific stories of elder abuse, it’s clear that not everyone holds elders in high regards.  Elderly individuals, over the age of 60, are at higher risk for maltreatment and such elderly neglect takes place everywhere, but most often in the nursing home setting.  In nursing homes, residents are vulnerable as they often rely on others (such as nursing aides) to assist them with everyday living.  Unfortunately, many elders are physically, mentally, sexually, financially exploited, making them victims of a large and sometimes “silent” problem, elder abuse.

According to the Centers for Disease Control and Prevention (CDC), over 500,000 older adults (aged 60 +), in the U.S., are believed to be abused or neglected each year.  However, the startling and overwhelming statistics are most likely underestimated due to the number of elder abuse that is not reported.  Like many abuse victims, many elders are unable or afraid to report the abuse to police, family, friends, or others who can protect them.  Family and friends who have a loved one in a nursing home facility should stay involved, informed, and be on the lookout for any suspicious behavior in either the resident or a worker.

Warning Signs of Elder Abuse in a Nursing Home

When visiting a friend or family member in a nursing home pay attention to the way he/she looks and acts.  If you suspect elder abuse, report it.  Protect seniors by bringing suspected abuse to the attention of the appropriate authorities such as a local adult protective services agency.  Many people are afraid to report suspected abuse because they fear they might be wrong, but if you don’t report suspicious activity, your elderly loved one could continue to be abused and in worse cases, die because of the abuse.  Take action and report if you see, hear, or suspect the warning signs of neglect in a nursing home:

–          Your loved one might be Financially exploited if:

  • He/she has a lack of affordable amenities and comforts in their room.
  • Uncharacteristic or excessive giving of gifts or financial reimbursement for care and companionship.
  • The victim is not getting proper care to fulfill needs, even if money is available for such costs.
  • Has made legal or monetary transactions, but does not understand what they mean.

 

–          Your loved one may be a victim of physical or emotional abuse if he/she:

  • Has inadequately explained fractures, bruises, welts, cuts, sores, or burns
  • Unexplained sexually transmitted diseases
  • Unexplained or uncharacteristic changes in behavior, such as withdrawal from normal activities, or unexplained changes in alertness
  • Caregiver is verbally aggressive or demeaning, controlling, or uncaring

 

–          Your loved elder may be a victim of overall Neglect if he/she:

  • Lack of basic hygiene or appropriate clothing
  • Lack of food and basic needs
  • Lack of medical aids such as glasses, dentures, medication, hearing aids.
  • An individual with dementia is left unsupervised
  • An individual confined in bed is lacking care
  • The room is cluttered or dirty or in need of repairs and lacks amenities
  • Untreated bed sores or pressure ulcers (indication of lack of care)

Elder abuse and neglect in a nursing home affects thousands of innocent senior citizens each year.  Many suffer in silence because they are unable to communicate and they live in fear.  Be the voice for neglected elders.  Respect your elders; don’t turn your back on them.

 

Categories
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.

Categories
Divorce Law Family Law Marriage Pre-nuptial Agreements Separation Law

The Advantages –and Disadvantages– of Prenuptial Agreements

Getting married is one of the most exciting periods in life. The joy of spending life with your partner is constant, but while you may be euphoric, it’s important to come back to reality and consider the financial impact of your partnership. While prenuptial agreements can be a strong safeguard for your pre-marriage finances, they can cause painful emotions and feelings of resentments. Here are some of the pros and cons of prenuptial agreements.

What is a Prenuptial Agreement?
A prenuptial agreement is simply a legal contract that separates your pre-marriage finances from the ones you possess in a partnership. In the event of a separation or divorce, the prenuptial agreement protects your ownership over those finances. If you don’t have the protection of a prenuptial agreement, your pre-marriage financial assets are at risk of being split if a divorce does occur.

Financial Protection
This is the first big one. Being able to have in writing what you’d like to do with your money in the event of a divorce or death is serious protection. If you have children from a previous marriage or have experienced a costly divorce in the past, signing a prenuptial agreement can ensure that if things don’t go as planned, you’ll still be able to stay financially afloat. While it’s unpleasant to think that your wonderful partnership could end in divorce, keeping that in mind while signing a prenuptial agreement will help you realize it’s for your financial protection.

Trust Issues
This is the biggest downside: while there are no statistics on how many prenuptial agreements are signed per year, the divorce rate in the United States continues to hover around 45%. While no one can be sure if this is due to prenuptial agreements, asking your partner to sign such a document can make them feel alienated, suspicious, or betrayed. Be sure to carefully outline your concerns before broaching this subject with your loved one.

Security
Often times one of the main boons of marriage is the guaranteed financial security for the less affluent spouse, or even for the spouse who is unemployed or underemployed. If one partner enters the union without a large amount of assets, and chooses not to work during the marriage, in the event of a divorce that partner will still have access to his/her spouse’ s premarital finances. Upon signing a prenuptial agreement, if one partner enters the marriage wealthier than the other, it will stay that way if a separation is to occur. This agreement then helps to ensure that both parties are marrying for purposes other than financial security.

Emotional Issues
While it’s nice to believe that these issues can be looked at logically and rationally, setting aside emotions during this process can be a difficult task. While there are many partners out there who support the financial independence of their spouse, many might take this suggestion as an assumption that one party is only in it for the money. This can take an emotional toll on both partners from which it’s difficult to heal.

Choose Wisely
When it comes to prenuptial agreements, each scenario will be best suited by a different act. If you’ re unsure about what to do, talk over the issue with friends, family, and most importantly your spouse, in order to understand your needs and prepare for the future.

This article was contributed by Sandy Wallace, an aspiring lawyer who loves to share his far-reaching knowledge of law with anyone who will listen. Sandy writes on behalf a Denton divorce lawyer from Hammerlie Finley Law Firm –Texas’s passionate, personable divorce and family lawyers.

Editor’s note: See also our guide to some of the best Texas family lawyers here – based on reviews, ratings and more.

Categories
Domestic Violence Family Law

Effects Of Domestic Violence On Children – As Per Age Group:

Effects Of Domestic Violence On Children – As Per Age Group:

Exposure to domestic violence has negative effects on children. To properly understand these effects, it is important to first understand the dynamics of domestic violence. Domestic violence is prevalent in all groups of people regardless of age, education, race, occupational, social-economical and religious factors.Characteristically, it involves a series of repetitive abuse, including psychological, physical, economical and emotional abuse. The perpetrator uses violence to gain control and power through the use of humiliation, intimidation, and fear.

Children get affected by domestic violence differently at various developmental stages. This is because as they grow and develop both mentally and physically, they learn new things at each age. Being a victim or witnessing domestic violence can interfere with the child’s normal growth and threatens their sense of security.

Studies indicate that children who have been exposed to domestic violence have a greater likelihood of experiencing various difficulties than their peers.

These difficulties can be categorized into:

1. Emotional, social and behavioral problems:
Exposure to domestic violence by children is likely to make them anxious and depressed or exhibit antisocial and aggressive behavior. Other negative effects may include higher levels of hostility, low self-esteem, anger, disobedience and oppositional behavior; fear and withdrawal; and poor sibling, peer, and social relationships.2. Attitudinal and Cognitive and problems:
These children are likely to experience difficulties in school and have poor performance in assessments of motor, verbal and cognitive skills. Moreover, they are likely to have a slow cognitive development, limited problem solving skills, lack of conflict resolution skills, aggressive attitudes, and a rigid belief in gender stereotypes such as male domination.3. Long-term (Behavioral) Problems:

Studies indicate males exposed to domestic violence at a tender age are more likely to develop violent behavior; likewise, females are more likely to become victims.Effects Of Domestic Violence On Children – As Per Age Group:Unborn Child (Infants): 

Infants and toddlers learn through play and exploration, how to form secure attachments. If exposed to violence at this age, they learn that the parents are not likely to constantly respond to their needs which hinder the development of a strong bond between the parent and the infant. Thus, the child becomes afraid to explore their world, which interferes with play and slows down their learning process.

The effects to Infants include:


1. Emotional Effects: Hyper-excitability; Anxiety Tension and stress; Helplessness; Terrorized and Traumatized.
2. Cognitive Effects: Brain damage; Nervous system disorders and Developmental delays.
3. Physical Effects: Birth defects, forced abortion or miscarriage, low birth weight, premature birth, unwanted by parent and abandoned by parent.The effects to toddlers (children less than one year old):

1. Emotional Effects: Traumatized, jumpy, nervous, hyper-alert, anxious, stressed, and fearful; Emotional deprivation; and Strong need for safety.
2. Cognitive Effects: Unresponsive; Developmentally delayed.

3. Behavioral Effects: Colicky, excessive crying; Injuries and bruises; Chronic constipation; Eating problems; Sleep disturbances; Malnutrition; Digestive problems; Allergies/skin rashesPreschoolers (One To Five Years):Children at this age bracket have started learning how to express most of their emotions, including those of anger and aggression. Thus, children at this age living in situation where there is domestic violence can learn detrimental ways of expressing anger and frustration. Moreover they get confused with the mixed messages their parents are sending them; for instance, they are punished for talking rudely while their parents talk rudely to each other.

The effects to Preschoolers include:


1. Emotional Effects: Fearfulness; easily frustrated; anxiety; fearful of abuser; feels split between parents; hesitant and uncertain; low self-esteem, and feels powerless to protect self.
2. Cognitive Effects: Sleep disorders; disrespect for women; unable to focus; and developmentally delayed.
3. Behavioral Effects: Tantrums; models abusive behavior; mimics abuser’s behavior; parrots name-calling; bedwetting; spitting; acting out behaviors; slaps, kicks, punches, swears; tries to protect mother; protective toward younger children; breaks toys; bullies younger siblings; thumb sucking; and nervous habitsSchool-Age Children (Five To Twelve Years):

The children have a better sense of their own emotions and can also recognize the emotions of others. They are more conscious of their own actions and reactions towards violence inflicted to them and may worry about their father being jailed or their mother being harmed. This distracts the child development process which at this age revolves around social and academic success. They become distracted hindering their ability to learn in school. Moreover, they develop poor social skills and tend to pay more attention to negative responses from their teachers and peers and miss hearing positive responses leading to low self esteem. At this age group, the children begin to have multifaceted thoughts about what is right and wrong. Thus, they are more susceptible to learning and accepting biased, incorrect explanations to support violence.The effects to School-Age Children include:1. Emotional Effects: Cries easily or frequently; lack of trust; lack of normal feelings; feelings of despair; helplessness or hopelessness, lack of empathy or concern for others; and anger towards the parents, especially the mother.

2. Cognitive Effects: Learning disabilities or has special needs; suicidal thoughts; withdrawn or quiet; lack of focus and structure; attracted to cults or pornography; overly responsible or tries to be too adult; and lack of responsibility.

3. Behavioral Effects: Violence towards abuser; Destroys property; Tries to be in control; Violent acting out behavior; Perfectionism; Running away; Lack of boundaries and limitsAdolescents (Teenagers):These children are fully aware of what is right or wrong but have the need to have a sense of belonging. They experience similar problem that the school-age children undergo but at a higher level. They are characterized by secretive and guarded behavior about the situation at home and are also embarrassed of their family members. Thus, they do not invite friends over and are likely to spend most of their free time away from home. Aggression and Denial are the major ways of solving problems.

The effects to Adolescents Boys include:


1. Emotional Effects: Feelings of guilt and powerlessness; withdraws and shuts down; embarrassment and Shame; Needs to control; and Lack of friends.
2. Cognitive Effects: May drops out of school; school attendance problems; Suicidal thoughts; “Macho” attitudes; Thinks violence is okay in relationships;
3. Behavioral Effects: Uses violence to solve conflicts and problems; abuses alcohol and drugs; acting out behaviors; antisocial behaviors; suicidal; problems with relationships; self-harm behaviors; homicidal towards abuser; and sexual problems.The effects to Adolescents Girls include:

1. Emotional Effects: Distrustful of others or have trust issues; blames or hates mother; needy – wants to be taken care of and protected; restlessness and feelings of tension; Feels hopeless or helpless; Confused about role models; self-blame and feels guilt about abuse; manic-depressive and “Numbs out” emotionally.
2. Cognitive Effects: Looks for protection from a male figure; school work problems; Lack of self understanding; Lack of boundaries and limits; mimics or takes on others’ personalities; multiple or split personalities; and Problem with concentrating and focusing.
3. Behavioral Effects: Unable to function at home; Drug or alcohol abuse; Unable to function in relationships; Runs away from home; Pregnancy or early marriage; gets involved in prostitution; distorted perceptions of body and Eating disorders.

Author Bio:
Cally Greene is an online consultant for domestic violence lawyer at JoeyGilbertLaw. She likes blogging about Legal issues,Business law,Family Law and other Legal advice.
You can contact her via Twitter.

Categories
Family Law Finance

What is Balance Billing…Are you a Victim?

balance billingJanet, a professional accountant, was suffering from severe pain in her wrists, suspecting she had carpal tunnel syndrome from her years of repetitive computer tasks.  With the recommendation of a friend, Janet found a surgeon who worked at the hospital in her insurance network.  After she met with the recommended surgeon, she was more confident and happy with him than other surgeons she had talked to.  After her successful surgery, Janet was able to return back to work sooner than she’d expected.  Pleased with her progress and fast healing, Janet was happy that she didn’t wait any longer to have her debilitating condition fixed.  About a month after her surgery, Janet had received bills in the mail to cover some costs of her surgery.  Janet was confused as she made sure she chose the right hospital in her network so that the surgery would be covered, in full, by her insurance.  Upon further investigation, Janet realized that the surgeon who performed the surgery was not part of her insurance network even though he worked in a hospital that was in her network.  The bill that Janet received is called balance billing and it occurs when a health care provider (in this case, Janet’s surgeon) tries to collect money directly from a patient after getting partial reimbursement from an insurance company.  Janet knows that “balance billing” is illegal for Medicare recipients, but she’s not sure if it is legal for her private insurance company. 

How to Avoid a “Balance Billing” Nightmare

If you have recently become a victim of balance billing, there may not be a lot you can do other than refuse to pay the bill or seek legal advice.  The best way to avoid balance billing is to work out all of the details before you are billed for a medical procedure, exam, or hospital stay.

–          Choose within Your Network:  Sometimes in the event of an emergency, it is not possible to be treated by a health provider in your network, but if you are in charge of choosing a physician or surgeon (for example), you should make sure they are in your network.  Even if they work in a facility that is in your network, the individual doctor may not be in the network.  While you may want to go with a doctor that you have heard so many good things about, make sure he/she is in your network otherwise you may have to prepare to pay out of pocket.

 

–          Verify the Person is in Your Network:  If you rely on the information that comes in your insurance packet, it may be incorrect or even outdated.  When choosing a medical professional, do not go by what you read or see in a book or on the internet.  Call the office and double check that he/she is part of your insurance network.  Failure to double check might leave you with an unexpected bill.

 

–          Don’t Fear Price Negotiation:  You may be forced to visit a specialist who is not in your network.  If this is the case, try to find out the bill for your procedure.  According to a patient advocate, Jane Cooper, after you find out how much your bill will be, check with your insurer to see how it matches with the out-of-network service pay.  A patient, who is prepared with this important information, may be able to negotiate successfully with a doctor.   If you are stuck with balance billing, try to negotiate a payment plan to keep your bill from heading to collections.  If you are able or need to, also consider talking with your insurance company to see if they will be willing to front some of the balance bill.

 

“Balance Billing” can be an unwelcome and financially frustrating surprise.  If you are recovering from an accident or a medical procedure, your focus should revolve around your healing not the overwhelming worry of how you’ll cover the bill.  The doctor’s may be in control of your health, don’t let them control your finances!

Categories
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.

Categories
Claims Family Law

Drunk Driving: Increased or Decreased in the Last 5 Years?

One Friday night, Linda met up with some co-workers for appetizers, trivia and a few cocktails.  At the end of the night, one friend called a cab, Linda had one drink in a 3 hour period, and another friend, Joni, who left without saying good-bye, had 3 or 4 margaritas.  When Linda noticed that Joni had left the restaurant, she tried to stop her from leaving the parking lot, but her car was already gone.  Joni has a bad and dangerous habit of driving while drunk, but promises she won’t do it each time they go out for drinks.  The next morning, Linda got a call from Joni, who was calling from the police station.  Joni had been pulled over for suspicious driving, was given a breathalyzer, and was taken to jail with a BAC of 0.100 (well over the legal limit of 0.08).  After receiving a DWI, Joni told Linda that she was surprised that she had been pulled over, as she had driven at least 3 dozen times while legally drunk.  “I drive fine!” she told Linda, “The only reason I swerved was because I was trying to make a phone call.”  Linda knew that Joni’s drinking behavior was problematic and urged her to seek help.  Had Joni not been pulled over by police, she could have been responsible for the injuries or death of an innocent victim.

The Drunk Driving Epidemic

According to the Centers for Disease Control and Prevention (CDC), the average drunk driver has driven 80 times, while intoxicated, before the first arrest.  Drunk driving is expensive (an average of $500 per adult/year) and happens far too frequently (1-in-3 people will be involved in an alcohol related crash in their lifetime).  Additionally, drunk driving is responsible for thousands of crash-related injuries and deaths each year.  Fortunately, drunk driving incidents have decreased in the last 5 years.  In 2005, there were 13, 582 drunk driving related fatalities, but five years later, in 2010, there were 10, 228.  Reports show that the number of fatalities and injuries continue to decrease.  While thousands of drunk driving related injuries and deaths are still far too many, it seems as though drivers are finally starting to “wise up” and/or enforcement is becoming stricter.  Either way, the numbers show that more lives are being spared on our roadways.  According to the U.S. Department of Transportation (DOT), the decrease in drunk driving incidents can be partly attributed to drunk driving awareness and enforcement efforts such as the Zero Tolerance Laws.  Additionally, among major crimes, driving under the influence (DUI) has one of the highest arrest rates with more than 1.4 million DUI arrests in 2010.  High rates of arrests are potentially preventing drunk driving related incidents before they occur.

Just because drunk driving, overall, has decreased, it does not mean that you should start or continue to drive while under the influence.  Drunk driving is dangerous and very difficult.  When you are impaired, you’re driving becomes impaired.  Reaction time slows down, judgment is poor, and depth perception is inaccurate, which can all lead to an accident that could result in injuries or even death, leaving YOU with the legal ramifications.  Don’t take the risk, don’t increase the problem, don’t drink and drive!

Categories
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.

Categories
Family Law

Is family mediation right for me?

Family mediation is a useful alternative to the courts for divorcing couples. It can save time, money and stress, whilst providing an out-of-court solution that both halves of a couple agree is fair.

The government has thrown their weight behind this solution, although they have stopped short of making it compulsory. Nevertheless, it is proving to be an increasingly popular method of sorting out disputes surrounding custody, finances or the division of assets.

What is family mediation?

Family mediation involves both halves of a couple attending meetings with a professional mediator. In a calm and relaxed environment, the three of them will thrash out the terms and conditions of their divorce.

Professional mediators are trained to be completely unbiased and are able to offer useful advice which can prevent couples from having to go through the stress of a courtroom battle.

If a couple is able to agree terms through mediation sessions, they will be drafted into a summary for the couple’s solicitors to run the rule over and, ultimately, a legally binding document can be produced.

Mediation sessions allow divorcing couples to separate their assets at a much cheaper cost. It can also speed up the divorce process quite dramatically. The government is happy for court schedules to be freed up and separating couples are generally over the moon if their divorce is made quite a bit easier.

Limitations

Unfortunately, family mediation is not for everyone. Both halves of a couple have to agree to attend mediation sessions and be willing to listen to their mediator’s advice. Those who are too stubborn to do this will be unlikely to come to an agreement and are ultimately wasting their time and money. Cases which involve domestic violence or heavy drug use are unlikely to be suitable for mediation sessions.

It’s also worth noting that mediators are unable to offer legal advice, meaning it is often appropriate to seek help from a solicitor throughout the case. This ensures that both halves of a couple understand all the topics that are discussed and are fully aware of the implications of agreeing with the mediator.

If either half of the couple is looking to get one over on their spouse and ‘win’ the verdict, then mediation is unlikely to prove effective. These sessions are only for those who are looking for an amicable divorce.

The future

One of the major criticisms of family mediation is that it encourages those who would probably clean up in the courts to settle. For some, this isn’t necessarily a bad thing. It would appear that this was a boundary to making family mediation compulsory.

Nevertheless, family justice minister Lord McNally is adamant that mediation will play an even bigger role when settling family disputes in the future.

In 2013, he told a Family Mediation Council conference that their “time is now” and that they have a “once in a generation opportunity” to raise the profile of their profession.

So, regardless of whether it is made compulsory, it could be a safe bet that we could witness more and more couples divorcing outside of court in the future.

Categories
Family Law

What rights do the family have when someone is sectioned?

What rights do the family have when someone is sectioned?

When someone is sectioned under the Mental Health Act “the Act”, it is often a distressing and confusing time for family members.  The Act does however give family members certain important rights.

Who is the nearest relative?

The starting point is to decide who is the patient’s “nearest relative”– this is the family member who has rights under the Act.  The “nearest relative” is decided by working down a list:

  • husband, wife or civil partner
  • a partner who has been living with the patient for more than six months
  • son or daughter
  • mother or father
  • brother or sister
  • grandparent
  • grandchild
  • aunt or uncle
  • nephew or niece
  • anyone else the patient has been living with for at least five years

What rights does the nearest relative have?

  • To order the discharge of a patient detained under section 2 or 3.
  • To be consulted prior to admission of their relative under section 3.
  • To be informed of a relative’s detention and the patient’s rights.
  • To make an application to admit their relative under section 2 or 3.
  • To be notified of the forthcoming discharge of the relative (unless the relative requests that information is not supplied).

Of these, the first two are the most significant.

To order discharge or not?

The nearest relative can order a patient’s discharge by writing to the Hospital Mangers.  If the patient’s doctor does not object within 72 hours, the patient will be discharged.  The patient’s doctor can bar the order for discharge if they consider that if discharged, the patient would be likely to act in a manner dangerous to themselves or others.  If a barring order is issued by the doctor, the patient will not be discharged and a Hospital Managers Meeting, which has the power to discharge the patient, will hear the case.

If the Hospital Managers do not discharge the patient, the nearest relative can in some cases, apply for a tribunal which will consider the case and can discharge the patient.

The discharge rights are very important but should be used responsibly.  If the discharge has been barred, the nearest relative cannot order a discharge again for another 6 months from the barring order.  A  nearest relative who has ordered discharge without having regard to the welfare of the patient can be ‘displaced’ so that they are no longer the patient’s nearest relative and will not have the associated rights.

The decision about whether to exercise this right is a very difficult one and can cause family conflict.  Understandably, some patients want their nearest relative to order discharge, but if the nearest relative does not think that is in the patient’s interests saying no can be very difficult.

Consultation with Nearest Relative

For Section 2: the nearest relative must, either before or within a reasonable time after, be informed that the patient is to be/has been detained.

For Section 3: The nearest relative must be consulted (unless to do so isn’t practicable or would involve unreasonable delay) before the section 3 application is made and if the nearest relative objects the section cannot go ahead.  The consultation is considered an important protection and so mere inconvenience isn’t a good reason not to consult the nearest relative.

If either of these consultations do not take place then the detention could be unlawful.

This guide to family law was provided by the family law team at Cartwright King Solicitors.

Categories
Family Law

The Best Nursing Homes in the U.S.

nursing home careEach year, the U.S. News and World Report gathers a list of the best nursing homes around the country. A total of 39 facilities made the cut in 2012, representing the top-notch homes around the nation.  One in seven Americans will spend time in a nursing home this year. This country has approximately 16,000 different facilities around the country, and the U.S. News and World Report uses government analysis to name the best homes. Choosing a home for your loved one is a difficult and emotionally-charged decision and one that should be made carefully.

What’s In A Good Nursing Home?

The U.S. Centers for Medicare and Medicaid Services set the standards for nursing home facilities around the country and evaluate them on an annual basis. The government considers any facility with 24-hour nursing care and medical services to be a nursing home. State agencies carry out regular inspections of the facilities, and that data is transmitted to the CMS.

Ranking Nursing Homes

CMS ranks nursing homes between 1 and 5 stars. In addition to the state-level inspections, homes are evaluated on their ability to provide enough nurses for the population inside the nursing home, health inspection reports, and the quality of care administered at the facility.  The U.S. News and World Report data breaks down from this award of five stars to share more information about the quality at each facility. To receive a perfect score of 15, a home must have received a 5 from CMS and scores of 5 in each of the underlying elements mentioned above. Those homes with a perfect score make up the top tier.

  • Nurse staffing levels: The CMS evaluates this data by looking at the average number of nurses available for the patients on a daily basis. This includes registered nurses, licensed vocational nurses, and certified nurse aides.
  • Health inspections: All nursing homes are required to accept Medicaid and Medicare patients, so CMS conducts health inspections every 12 to 15 months. In addition, any health-related complaints from residents are fully explored by CMS on a regular basis.
  • Care quality: Nursing homes are required by CMS to produce clinical data going back three quarters showing the history of all Medicare and Medicaid patients.  These data reports include any actions taken by the staff to physically restrain an individual as well are more general information, like chronic health issues.

 

How To Find a Top Nursing Home

The U.S. News and World Report site is very helpful in breaking down the best nursing homes around the country and also finding the best facilities by state. Location is important when choosing a home, and the detail collected in these reports can help you avoid facilities that are known for nursing home neglect. Combine this data with research of your own about each facility to find the best place for your loved one.

Categories
Family Law Finance

Injured On The Job? Workers Compensation Procedures

Most companies are required to maintain workers compensation coverage for their employees. Injuries, illnesses, or exposure to dangerous chemicals can make cause damage to an employee and lay the grounds for a workers’ compensation claim. The injuries covered under this policy can be minor or major. One are that is not covered under this general liability coverage is under the coming and going rule. This rule references any injuries that occurred on the commute to or from the work-site. Although these injuries would not be covered under a workers’ compensation claim, other injuries that occur while transporting goods, traveling, or running errands for your employer may be covered.

First Steps: File A Claim

The first step when you have been injured on the job is to file a workers compensation claim. Your supervisor or boss will provide you with the proper claim form to complete. If your employer contests the claim, a court hearing will be scheduled. It’s very important that you file your claim form as soon as possible after the injury. Some of the more long-term injuries from the incident may not appear until a few weeks or months after the initial accident, which is why it’s so important to have an attorney representing her interest in court. If you need an attorney, the time is now to contact Salvi Law.

What Happens Next?

After you have filed a claim, the insurance company will select a doctor to perform an independent medical examination. Preparing for this exam is incredibly important, since the doctor will send a report to the insurance company that is used to generate an offer for your compensation. Write notes about the appointment after it is over, and come prepared with your own list of questions for the doctor. Do not underestimate the severity of your symptoms during this appointment.

What Happens If My Claim Is Approved?

In general, the monetary payment under an approved workers compensation claim will represent up to 66% of your typical income, but what sets workers compensation apart is that these monies are tax-free. Since there are no taxes on these funds, it’s likely that your payment will be similar to your former income. All medical expenses will also be covered under a workers’ compensation claim, so long as those medical expenses are related to the workplace injury.

Should I Accept a Settlement?

If a worker has been on long-term disability for some time, one common tactic for companies is to offer that individual a settlement. In the short term, these settlements can be appealing. Over the long run, however, the settlement may not be in your best interest. For example, if your medical costs increase or you incur other complications as a result of your initial injury, the settlement may not be enough to provide for your future medical expenses. Especially when you are not represented by a lawyer, the company will usually undervalue the settlement offer. You can reject the settlement, and it’s recommended that you have a conversation with an attorney about your best options.

Categories
Civil partnerships Cohabitation Law Divorce Law Family Law Marriage Pre-nuptial Agreements Separation Law

The Marriage (Same Sex Couples) Bill: legal update

Background

Civil partnerships were introduced in the UK in 2005, but legislation such as the Matrimonial Causes Act 1973 has historically prevented the marriage of same sex couples.  In a bid to step closer to equality, the Coalition Government introduced the Marriage (Same Sex Couples) Bill (“the Bill”) which will legalise the civil and religious marriage of same sex couples.  If the Bill receives Royal Assent it will undoubtedly mark an important milestone in the battle for equality.  A number of YouGov surveys published between 2012 and 2013 reveal that although the precise figures vary, the majority of participants have confirmed their support of the legalisation of same sex marriage.

On overview of the area

While the majority of the British public appear to be in favour of same sex marriage, presumably many of us anticipated that making it legal would simply require the Government to extend the current legislation to include the gay community.  However, some unanticipated difficulties have arisen during the drafting of the required new legislation.

One of the main causes of confusion that has arisen is that under the present drafting adultery will only be a ground for divorce if the adultery has taken place between the cheating spouse and a member of the opposite sex.  In other words, if two men are married and one of them is unfaithful with another man, his husband will not be able to petition him for divorce on grounds his adultery.  Instead, he will have to rely on grounds of unreasonable behaviour.  If, however, his husband were to be unfaithful with a woman, the aggrieved husband could petition for divorce on grounds of adultery.

There has been concern that some couples will choose to wed to benefit from tax and other reasons disassociated from traditional factors such as love and children.  Others argue that those who take this view are simply opponents of same sex marriage seeking to opportunistically discredit the viability of the Bill.

The Marriage (Same Sex Couples) Bill was not featured in the Queen’s Speech this year, but it continues to progress speedily through the House of Commons and is expected to reach the House of Lords in June.  The Bill may be subject to amendment on its way to Royal Assent and once it becomes law certain aspects may be made subject to judicial interpretation (for example, notions of consummation and adultery seem particularly vulnerable to litigation given the unanticipated difficulties).  Despite the technical difficulties faced by the legislators so far, the majority of the British public supports the right of same sex couples to marry and we are well on the way to making it legal, despite some bumps in the road.

For more information on same sex marriage of any area of family and matrimonial law contact Lisa Kemp

Categories
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