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What is Family Law?

Posted on October 5, 2019 in Uncategorized

The Wikipedia defines “family law as an area of the law that deals with family-related issues and domestic relations including, but not limited to: the nature of marriage, civil unions, and domestic partnerships; issues arising during marriage, including spousal abuse, legitimacy, adoption, surrogacy, child abuse, and child abduction; the termination of the relationship and ancillary matters including divorce, annulment, property settlements, alimony, and parental responsibility orders “.

While broadly family law encompasses every aspect of a family as seen as a ‘unit of people living together for many reasons’, there are many finer aspects relating to ‘family’ in many different contexts in different parts of the world.

Family denotes a group of people affiliated by a consanguinity, affinity or co-residence.

Consanguinity – ‘con’ means together and ‘sanguine’ means blood; so it simply refers to people descended from a common ancestor. It is an important legal aspect to determine if two people can marry or to determine who inherits property left by a person who has not made a Will.

Affinity in the family sense means attraction of feeling or kinship or relation by marriage.

Co-residence refers to individuals or a group of people living in the same residence and carrying out responsibilities of a family or a household. This may include a parent and child or children and other members sharing blood ties or living together for other reasons.

Family law therefore cannot be confined within social, economic or governmental regulations. There are simply far too many aspects and complexities involving human relations that laws in many countries have diverse legalities referring to each country’s intrinsic social and familial guidelines.

Stark and startling contrasts govern legislation in certain parts of the world. In some societies, patriarchal laws govern while in some others matriarchal. In many parts of Europe, before the advent of the legal system as we see it today, the Church was seen as the law enforcer.

Historically, family law has been based on European feudalism. In the 1970s, family law underwent rapid changes and became redefined, as it had become a part of the wider national debate regarding family values, gender bias, and morality. Particular areas of family law relating to divorce, child custody, family property etc. experienced many changes. Such rapid changes enabling quick fix solutions in marriage, divorce, alimony, child custody and child support drew widespread criticism from many quarters that viewed rising cases of marital discord and disharmony all over the world as a dangerous trend.

Family law is an increasingly important area of legal studies, with many law schools offering numerous elective courses on the subject and the bar exam testing knowledge of this area of law. Furthermore, family law is evolving as the national debate surrounding family continues. One notable change is how family law has been broadened to encompass couples who do not choose to marry.

Today’s family unit has evolved over the generations and may be a concise or shortened version of the co-resident families of the past. Relationships too have evolved and newer legal aspects to family law are being formulated to cope with the complexities of modern life and emerging trends.

Family Law Mediator

Posted on October 4, 2019 in Uncategorized

Their main objective is to mediate any issues a family might have and then come to a decision that will benefit both parties. This is especially true if children are involved in the family issues. A family law mediator is generally an attorney but some are professionals that are certified in family dispute resolution. Some of the cases they handle concern support issues, divorce, and child custody. To keep current on jurisdictional regulations and family law issues they have to attend training seminars.

Responsibilities of a family law mediator

One responsibility is for them to act as a family counselor when couples are having trouble getting along but do not want a divorce. This is called family counseling mediation. The mediator will listen to both parties in order to get to the real issue that is causing the marital conflict. Some of the common issues that can cause a conflict in a marriage can include:

• Relationship issues like infidelity, lack of attention, etc
• Behavioral changes from outside influences
• Grief over the loss of their child

In most situations, the mediator will listen to each party’s complaints, and if necessary, talk to the children or other members of the family. The mediator will generally recommend that the couple see a therapist, then return to see the mediator.

They also mediate situations where the couple is convinced getting a divorce is in their best interest. They may need legal guidance on child custody and property division. Many times, they have their own attorney who will advise the family law mediator what their client wants from the divorce. The mediator will review all documents concerning debts, salary information, joint assets, and expenses incurred on behalf of the children. The couple will meet with the couple several times in order to reach an agreement that both parties agree on before they submit the document to the family court judge to be approved.

A family law mediator may also work with programs like Alternative Dispute Resolution (ADR). This program appoints a mediator to assist a family that has disputes that were not resolved before going to court or may be unable to afford a family law lawyer. The mediator will receive an appointment from the court to mediate the case. The family law mediator will notify the couple of the locations, time, and date of the mediations. The mediation session will have to be rescheduled if either one of the couple cannot attend the scheduled mediation.

Mediating the case

• Filing agreements with the court
• Letting the parties know about case updates
• Sending mediation reports to the judge
• Billing mediation time and sending clients invoices

Compassionate, Sensitive, Knowledgeable Family Law Attorneys Committed to Your Cause

Posted on October 3, 2019 in Uncategorized

Look for caring, compassionate, exceptionally knowledgeable and competent family lawyers when you have family issues, their characteristics make quite a difference in the outcome.

Family law issues deal with sensitive matters related to children or issues between couples that could possibly have far reaching repercussions impacting the future of a family. Family law issues are compounded and made more complex by the emotional factor, making for tangled webs that are difficult to unravel and, in a number of cases, end in bitter acrimony. This is where the characteristics of a good family law attorney or lawyer assume center stage and could make quite a difference to the outcome.

Competence is the key to success. The best family law attorney will dedicate hours to learning their craft, acquiring knowledge about the intricate labyrinthine laws and in using these when needed to bring about a positive result in their client’s favor. Competent family law lawyers are distinguished by a strong belief in themselves and their vision and consistently hard efforts they put in to achieve goals. Another distinguishing characteristic is exceptional communication abilities and convincing powers. Knowledge of laws is one thing, putting it across convincingly in an effective way to the deciding authority is another and this is where a family law attorney with these qualities can make the case turn in your favor. Aggression is another quality family law attorney or lawyer must possess if they are to come across as stout defenders of their clients’ rights. All these factors, besides the merits of the case, do influence the outcome when matters go to court.

However, there is much more to selecting a divorce attorney or family lawyer aside from their competence and skills. Family matters are intricate and complicated and cross woven with emotions running high. Compassion, understanding and the ability to take in a situation, empathize and try to resolve it before it goes to the last resort in a court of law are qualities that are just as important. Consider a case where a young family member has become liable for prosecution for drugs or alcohol use. Family law attorneys, with a background in dealing with juveniles and with a thorough knowledge of how the system works, can nip the issue in the bud.

A competent, compassionate and caring lawyer can advise and handle a juvenile tactfully while aggressively taking up the issue with authorities to nip the issue in the bud before it becomes a case. In the event it does, he pursues it with single minded commitment, fighting fiercely for his client. Consider family matters such as divorce, custody of children, support, visitation rights and all the other issues separation throws up. Family law attorneys and divorce lawyers, in these cases, must have people skills, tact and an ability to develop rapport with his client and also with the other family members who, in all likelihood, will be opponents in court. Their first attempt would be to resolve the family issues in the family through across the table discussions, taking the extreme step of litigation when all else fails. Background, experience at various levels and zeal coupled with knowledge of family law attorney lawyers prove decisive, whether it is to resolve matters amicably or through an extended, acrimonious legal battle.

If you are faced with a situation that needs legal assistance, consider you should consider all perspectives. It is the difference between losing and winning.

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