#Family Law Full And Frank Disclosure

[bllsbailey]

Last-minute hearing could determine whether vulnerable House Dem can vote for herself in key race

Democratic Rep. Emilia Sykes, who is running for re-election in one of the most closely watched House races in the country, is facing questions about her ability to vote for herself in November amid a probe into whether her primary residence is in her district.

The controversy stems from a complaint filed by Republican activist Tom Zawistowski citing a financial disclosure form from Sykes’ husband, Franklin County Commissioner Kevin Boyce, listing Sykes as living with him in Columbus, Ohio, outside of Ohio’s 13th Congressional District, the Akron Beacon Journal reported.

The Summit County Board of Elections, made up of two Democrats and two Republicans, deadlocked on party lines in a vote on whether to investigate that complaint. The tie-breaking vote went to Ohio’s Republican Secretary of State Frank LaRose, who voted in favor of an investigation, and a hearing will be held on Thursday morning on the issue of Sykes’ eligibility to vote in her Akron district.

"Here, the Democratic members of the Board submitted a four-page position statement laying out arguments that would be presented and considered at a formal hearing," LaRose wrote in a letter to the board outlining his decision to vote with the Republican members. 

A hearing will be held on Thursday to determine Rep. Emilia Sykes' voter eligibility. (Fox News)

"They conclude that ‘[t]he challenger has not alleged that Congresswoman Sykes has abandoned or failed to maintain her Summit County residence, nor has he alleged that she has chosen to make a habitation (i.e., residence) elsewhere her residence for voting purposes.’ Reaching this conclusion prior to a hearing negates the very purpose of the hearing itself, before which the challenged voter is notified of the meeting and afforded a ‘right to appear and testify, call witnesses, and be represented by counsel.’ In advance of a hearing, the Board also would have the opportunity to seek guidance from its own legal counsel, the county prosecuting attorney, regarding the statutory residency requirements of voter registration."

LaRose added, "Based on my review of the evidence presented to me and the relevant laws applicable to this matter, I have determined that the Board has not fully complied with the challenge process required by state law and administrative directive. Therefore, I join the two Board members who sought to pursue that process and hereby break the tie in favor of the motion to conduct a hearing on the challenge."

Sykes, whose family history in Akron politics goes back decades, is not legally required to live full-time in her district to run and serve in Congress, but Republicans argue that Sykes is not eligible to vote for herself in Akron, which could mean having to place a provisional ballot. 

OHIO STATE SECRETARY SAYS 100 NON-US CITIZENS VOTED IN RECENT ELECTIONS, BEGINS PROCESS TO PROSECUTE

Democrats were presented a sworn statement from Boyce that Sykes was listed on the form out of "an abundance of caution" over uncertainty about what the form specifically required, and the election board reportedly saw a lease in Columbus without Sykes’ name on it. 

Additionally, Fox News Digital reviewed two documents showing Sykes with an Akron address, including a direct deposit slip from a congressional paycheck in September and a bill from a physical therapy office.

In her 2022 disclosure form, Sykes reported owning property in Columbus. Records also show that since 2018, the Sykes family trust has benefited from an owner occupant tax credit in Columbus.

Ultimately, Republicans and LaRose decided to vote in favor of having Sykes explain to the board where she resides on Thursday morning, although she is not required to attend in person and is allowed to send legal representation. 

"Career politicians like Emilia Sykes think the rules don’t apply to them," former Ohio GOP State Sen. Kevin Coughlin told Fox News Digital in a statement. "She may not even be able to legally vote for herself. Why should we trust her to vote on our behalf in Congress? Voters want true representation for Northeast Ohio, and that’s why they’ll vote Emilia Sykes out this November."

NRCC spokesman Mike Marinella told Fox News Digital, "Northeast Ohioans are dealing with the unfortunate consequences of Sykes' extreme policies that have led to open borders, unsafe communities and a crippled economy — but she would never know because she'd rather be selling out her constituents with her elitist liberal friends in Columbus and Washington. Northeast Ohio deserves better."

The Sykes campaign released a statement calling the hearing a "sham partisan hearing" and blasted her opponent, Coughlin. 

‘"Emilia Sykes lives in Akron and this desperate lie is an example of how Kevin Coughlin represents everything the voters of Ohio’s 13th Congressional district hate about Politics," Sykes campaign manager Maddie Summers said. "Whether it’s the ethics investigation for awarding a government contract to his friend, his obstruction of public record requests or using taxpayer dollars to pay a campaign supporter, it’s no wonder his own colleagues have called him ���personally repugnant.’ Northeast Ohioans will reject Coughlin’s pathetic attempt to rob them of their voice."

Ohio House Minority Leader Emilia Sykes delivers the Democrat's response to Gov. Mike DeWine's State of the State address at the Ohio Statehouse in Columbus, Ohio, on March 5, 2019. (AP Photo/Paul Vernon, File)

Democrat board members in the meeting made the case that the complaint from Zawistowski did not sufficiently show that Sykes did anything wrong and state law permits multiple residences and has been interpreted in the past as allowing individuals to state they "intend" to return to their registered address in order to vote.

"People who are married have the ability to maintain separate residences, and people do that," Democratic board member William Rich said in the meeting which was posted online. 

"When someone has more than one residence, it’s essentially their choice about which one to use as their voting residence," Rich said in an interview, according to the Akron Signal. "And there was no allegation that she either didn’t have a residence in Summit County or had chosen to make a residence in Franklin County her residence for voting purposes."

Sykes, a first-term Democrat who won in 2022 by five points, is defending her seat in a district that includes parts of two counties that former President Donald Trump comfortably won in 2020. The Cook Political Report ranks the race as a "Democrat Toss Up."

Andrew Mark Miller is a reporter at Fox News. Find him on Twitter @andymarkmiller and email tips to AndrewMark.Miller@Fox.com.

[lawyerserving456]

Family Law Firm Toronto

Issues such because the division of family property, baby safety and custody and support issues between people who are not married are ruled by statutes which differ from province to province. For legal recommendation on family issues in South Africa, you'll be able to contact the Legal Aid South Africa or the South African Law Society for an inventory of qualified family law attorneys in your space. If you've a family law or baby protection issue, you could qualify for help from family duty counsel (FDC) or a family advice lawyer, even family law rules forms if you do not qualify for a authorized assist lawyer. Whidden Law Corporation is a devoted and experienced law firm positioned in Prince George, British Columbia. We present sensible recommendation centered on reaching the finest possible outcomes for our purchasers. We attempt to achieve a profitable agreement outside of courtroom every time attainable and will struggle in court docket every time essential.

His follow also consists of complicated custody and entry points involving jurisdictional disputes and blended and extended households. Melamed is the popular counsel to The Lawyers’ Professional Indemnity Company (LawPRO), an insurance supplier for lawyers in Ontario, to defend family lawyers who're dealing with claims of negligence. He can be a member of the Family Rules Committee in Ontario, the Family Dispute Resolution Institute of Ontario (FDRIO) and the Ontario Bar Association. Lorne H. Wolfson is a associate family law at Torkin Manes LLP, where he's a Law Society of Ontario-certified family law specialist. He devotes his apply to spousal and child support, equalization of property and custody and access, as nicely as separation, marriage and cohabitation agreements. Wolfson can additionally be an accredited family mediator by the Ontario Association for Family Mediation.

At an preliminary session, we will discuss your matter, go over your legal rights and place, and decide your options moving ahead. The advice that you just obtain at an preliminary consultation shall be tailored to your specific scenario. There are various points that are handled in a separation agreement family lawyer or marriage contract and these points will influence you and your spouse in one other way. You each want your individual lawyer in order that they will advise you on these issues, what they mean for you, and what the choices are for you going forward. Failure to make proper monetary disclosure might lead to a domestic contract being set aside.

Brenda Christen is a lawyer and mediator at Christen Seaton Burrison Hudani LLP. She has acted on cases relating to mobility, help, income, and property at both the trial and appellate ranges family law lawyers. We can conduct negotiations with the intent of main everyone in direction of an optimum decision with minimal expense, delay, and acrimony.

"I truly have at all times believed family comes first," Mr West mentioned in an announcement. "So I’ve decided to dedicate myself full-time to supporting my family and my sister-in-law on the campaign family law act path." Maya’s only youngster, Meena, adopted the Harris family tradition by graduating from law college.

Franks can be an adjunct professor at Osgoode Hall Law School, teaching family law and a former teacher for the Bar Admission Course. He beforehand served as director of The Advocates’ Society and is presently family law forms a fellow of the International Academy of Family Lawyers. Ritu has practiced solely in family law since her call to the Bar.

His Toronto-based law agency offers a full vary of company and private legal services. Prior to focusing completely on family law, Jennifer practiced industrial litigation at a prominent full-service law firm. A trusted advisor and ardent advocate, Jennifer’s integrity and solution-oriented method family law rules allows her to successfully... Martha A. McCarthy has practiced family law solely all through her profession has acted as counsel in all ranges of court docket.

Fogelman has been appointed as a dispute resolution officer for the Superior Court of Justice in Toronto. He can additionally be a frequent presenter at Ontario Bar Association, Osgoode Professional Development, The Advocates' Society and other continuing legal education programs. Sarah M. Boulby is a companion at Boulby Weinberg LLP, a Toronto-based firm dedicated exclusively to family law. She has been family lawyer since being called divorce lawyer to the Bar, and advises local and international purchasers on complex assist, property, and parenting issues. She additionally negotiates agreements and represents shoppers in court docket at the trial and appellate level. He advocates for his purchasers when negotiating agreements, showing before trial and appellate courts in addition to in mediations and arbitrations.

[sookerss]

Interests and hyper-fixation

Books: Percy Jackson and The Olympians, Heroes of Olympus, The Kane Chronicles, everything from Grishaverse, If We Were Villains, Dead Poets Society, anything Agatha Christie and Enid Blyton wrote. My favorite genre is depressive young adult mystery/romance as you can tell.

Comic & manga: Young Avengers, Batman Incorporated, Robin, Batman & Robin, Wayne Family Adventures, Silk, Jujutsu Kaisen, Fairy Tail, Haikyuu, One Piece, Sk8, K Project, and Owari no Seraph.

Movies: Full disclosure?

Shows: How I Met Your Mother, Brooklyn 99, Law & Order, Friends, Modern Family, Grey’s Anatomy, Outer Banks, Peaky Blinders, Sherlock, Avatar: The Legends of Aang, The Legend of Korra, Young Justice, Teen Titans: GO, The Umbrella Academy, Hawkeye, and (most recent) Wednesday.

Music: SZA, Mitski, chloe moriondo, Gracie Abrams, Frank Ocean, NIKI, Lorde, beabadoobee, BIBI, Phoebe Bridgers, Taylor Swift, and Sabrina Carpenter.

KPOP: ITZY, ENHYPEN, Kep1er, CRAVITY, fromis_9, Treasure, The Boyz, STAYC.

Games: Genshin Impact & Valorant.

Completed: Omori, Limbo.

[charlotteesson]

Everything You Need To Know About Full And Frank Disclosure In Family Law

In Family Law property or parenting proceedings, the parties have a responsibility to provide full and frank disclosure.  The Duty of full and frank disclosure is a requirement for all parties involved in a family law dispute to provide to each other party all information relevant to an issue in the case.  

Full and frank disclosure in property matters

In addition to general disclosure requirements, there are specific requirements and rules about full and frank disclosure in property matters. The information disclosed must be relevant to the party’s total direct and indirect financial circumstances. This requires disclosing all sources of earnings, income, property, and other financial resources.  This is also applied in situations where the property, financial resources, and earnings are owned by or come to the party directly, or go to some other person or beneficiary (for example, the party’s child or de facto partner) or are held in corporations, trusts, company or other such structures.  There is also a requirement for full and frank disclosure to be made in relation to information about any property disposal (whether that be by sale, transfer, assignment, or gift) which was made in the year directly before the parties separation, occurred since the final separation or at some other significant time.  

To get started, please see below for a brief summary of documents which are required to be disclosed:

Three most recent taxation returns and assessments.

Three most recent wage/salary certificates.

Any superannuation documents for each superannuation interest of the party including:

The most recent superannuation statement (if available);

For a self-managed superannuation fund, the trust deed, and the last three financial statements.

For a corporation (business), trust or partnership;

Financial statements for each (including balance sheets, profit and loss accounts, depreciation schedules, and taxation returns) for the three last financial years.

For the party or a corporation (business), trust or partnership:

Any Business Activity Statement for the 12 months ending immediately before the first Court date.

For any corporation, its most recent annual return, listing Directors and Shareholders; and the corporation’s memorandum and articles of association.

For any Trust, the trust deed.

For any Partnership, the partnership agreement.

All documents containing evidence about:

The financial contributions made at the commencement of cohabitation.

Any inheritances, gifts or compensation payments received during cohabitation.

Any purchase or disposal of property in the 12 months prior to and since separation.

Any increase or reduction of liabilities since separation.

The value of any superannuation interest of a party, including the basis on which the value has been calculated and any documents used to calculate the value.

Such documents shall include but not limited to:

List of all Bank accounts, details of account numbers, passbook and Bank statements for the previous 12 months.

Details of Credit Union/Building Society or other like deposit passbooks and statements for the previous 12 months.

Details and records of any investments including stocks and shares.

Appraisal/valuation of real estate.

Appraisal/valuation of chattels including car(s).

Social Security pension or payment details.

Details/records of long service leave accrued.

Details/records of overtime worked in the previous 12 months.

Records/details of any life assurance or disability insurance.

Details /records of any of the above re children.

Medical or psychiatric reports

Full and frank disclosure in parenting matters

In accordance to rule 13.01 of the Family Law Rules 2004, it is a requirement for the parties to make full and frank disclosure of all information relevant to a parenting matter throughout the duration of the matter. The appropriate documents which are required to be disclosed will be case-specific. An example may include medical reports about a child or parent, school reports, letters, and drawings by the child, photographs, or perhaps a diary.

[rebeccaeipper]

Everything You Need To Know About Full And Frank Disclosure In Family Law

In Family Law property or parenting proceedings, the parties have a responsibility to provide full and frank disclosure.  The Duty of full and frank disclosure is a requirement for all parties involved in a family law dispute to provide to each other party all information relevant to an issue in the case.  

Full and frank disclosure in property matters

In addition to general disclosure requirements, there are specific requirements and rules about full and frank disclosure in property matters. The information disclosed must be relevant to the party’s total direct and indirect financial circumstances. This requires disclosing all sources of earnings, income, property, and other financial resources.  This is also applied in situations where the property, financial resources, and earnings are owned by or come to the party directly, or go to some other person or beneficiary (for example, the party’s child or de facto partner) or are held in corporations, trusts, company or other such structures.  There is also a requirement for full and frank disclosure to be made in relation to information about any property disposal (whether that be by sale, transfer, assignment, or gift) which was made in the year directly before the parties separation, occurred since the final separation or at some other significant time.  

To get started, please see below for a brief summary of documents which are required to be disclosed:

Three most recent taxation returns and assessments.

Three most recent wage/salary certificates.

Any superannuation documents for each superannuation interest of the party including:

The most recent superannuation statement (if available);

For a self-managed superannuation fund, the trust deed, and the last three financial statements.

For a corporation (business), trust or partnership;

Financial statements for each (including balance sheets, profit and loss accounts, depreciation schedules, and taxation returns) for the three last financial years.

For the party or a corporation (business), trust or partnership:

Any Business Activity Statement for the 12 months ending immediately before the first Court date.

For any corporation, its most recent annual return, listing Directors and Shareholders; and the corporation’s memorandum and articles of association.

For any Trust, the trust deed.

For any Partnership, the partnership agreement.

All documents containing evidence about:

The financial contributions made at the commencement of cohabitation.

Any inheritances, gifts or compensation payments received during cohabitation.

Any purchase or disposal of property in the 12 months prior to and since separation.

Any increase or reduction of liabilities since separation.

The value of any superannuation interest of a party, including the basis on which the value has been calculated and any documents used to calculate the value.

Such documents shall include but not limited to:

List of all Bank accounts, details of account numbers, passbook and Bank statements for the previous 12 months.

Details of Credit Union/Building Society or other like deposit passbooks and statements for the previous 12 months.

Details and records of any investments including stocks and shares.

Appraisal/valuation of real estate.

Appraisal/valuation of chattels including car(s).

Social Security pension or payment details.

Details/records of long service leave accrued.

Details/records of overtime worked in the previous 12 months.

Records/details of any life assurance or disability insurance.

Details /records of any of the above re children.

Medical or psychiatric reports

Full and frank disclosure in parenting matters

In accordance to rule 13.01 of the Family Law Rules 2004, it is a requirement for the parties to make full and frank disclosure of all information relevant to a parenting matter throughout the duration of the matter. The appropriate documents which are required to be disclosed will be case-specific. An example may include medical reports about a child or parent, school reports, letters, and drawings by the child, photographs, or perhaps a diary.

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Household Mediation At Rcj Advice.

Mediation Courses.

Content

For How Long Can Mediation Take?

Neglect Paying 2 Lawyers.

Uks Leading Arbitration Chambers.

Wish To Know Even More Regarding Mediation Or Locate A Moderator Near You?

The Most Effective Separation & Household Legal Representatives Near You.

Shared Parenting: Disputes Over Kid.

Whether you have lately divided or your scenarios have altered, you might need some help ahead to a contract with your child's other moms and dad about arrangements for your children, economic matters or residential property. If there are no safety concerns, nonetheless, there are various other methods you could attempt and reach an agreement if you don't believe arbitration is appropriate for you. The least expensive and simplest method to make plans is to work out with the various other moms and dad. The third would certainly not be legislative but would involve much more signposting to proper services. .48 go over generally whether we ought to prepare much more guidance and also information for prospective litigants and also kids involved in family members instances. In comparison to arbitration, where both events consult with one neutral mediator, in collaborative legislation, each party has their own solicitor and also issues are fixed in conferences of all four of them with subjects prepared ahead of time.

Every arbitrator is learnt SEND processes, qualified in mediation and has no link to regional authorities or institutions. Mediation is volunteer, yet if you want to go to Tribunal, you have to have called mediation solutions, and also listened to their suggestions. Arbitration is a meeting you can have with SEND solutions to locate a service to your problems in a neutral and also private setting. An independent conciliator manages the conversation to aid you and also individuals included try to reach a resolution. Xmas can be a significantly laden time for apart families with young kids.

How Much Time Can Mediation Take?

Involving youngsters in arbitration can be really intricate and a lot of prep work is needed prior to a conciliator will certainly speak with a youngster. Different considerations use depending on the age and maturation of the child.

Expert areas include household law, relationship break down, kid arrangement concerns and domestic physical violence. Joint law entails agreeing that you will certainly not litigate, and you will deal with the conflict between you and also your solicitors. It normally implies meeting with your kid's other moms and dad as well as their lawyer face-to-face as well as attempting to get to an arrangement around the table. Mansfield family mediation needs to offer you information of regional services that do legal aid work, can give you general information about mediation, and details of a local non-profit making mediation service.

Fail To Remember Paying Two Solicitors.

Households are coming to be ever extra varied, and also today family members come in all various shapes and sizes, from the standard extended family to single parents, adoptive parents as well as children being elevated by grandparents. Around 20,000 youths in Britain are growing up with same-sex parents and many kids have lesbian, gay, bisexual and also trans parents or family. The commonality between all these varying households coincides love that is really felt for kids. If family members mediation, or an additional type of dispute resolution, is the right decision for managing you and your family's problems.

Does your lawyer go to mediation with you?

The short answer is IT'S UP TO YOU. Certainly lawyers may be present with parties in a mediation, however, it's not a requirement that you have one there. You and the other party both get to decide for yourselves whether to work with a lawyer, and if you do, you will be able to decide how involved their role will be.

Selecting a seasoned arbitration specialist can lower the psychological temperature level and help you to function in the direction of a reasonable, adaptable co-parenting schedule that thinks about the best passions of your children. Mediators are neutral and also will motivate tranquil interaction in such a way that both parents feel listened to as well as understood. Once you have propositions you both find acceptable the conciliator will certainly prepare a recap of them together with a summary of the financial info which will certainly be sent out to each of you to discuss with your lawyers.

Uks Leading Mediation Chambers.

We have prepared a flow diagram of the process in situations regarding financial resources on divorce or dissolution of a civil collaboration below. The court can in some cases make short-lived maintenance orders whilst an instance is recurring if there is a pushing requirement that can not wait. It is just a meeting where you can discover even more concerning arbitration, as well as where an arbitrator can provide some believed to whether it could be helpful or proper for your household. You generally do not go to a MIAM with the other person, so there truly is absolutely nothing to bother with. If after going to the MIAM either of you or the arbitrator determine you do not wish to mediate that is the end of it, although the court might still urge you to give it some even more thought. You will certainly be contacted by a caseworker in advance, who will discuss your disputes with you and also prepare you for your conference with an arbitrator.

How do you negotiate child visitation?

Clearly define your goals and priorities when it comes to the custody schedule. Explain why you feel strongly about certain topics and be flexible in other areas. Negotiation requires give-and-take, so avoid insisting on everything being your way. Respect the other parent's right to be a parent to your children.

Parents in Family members Arbitration can make decisions on involvement child care arrangements despite the fact that there is a separation. The process aids to reduce the unfavorable effect of the separation on the children. When wed pairs separation as well as the court is asked to take care of their funds they are called for to provide "complete as well as frank disclosure" concerning their monetary situation-- to the court and to their ex. This is mainly done via finishing Type E and also connecting various documents to the type. Kind E is also made use of where a parent is obtaining a monetary order for a kid. The documents as well as information disclosed under the task of full as well as frank disclosure can generally just be made use of for the functions of the court case and must not be utilized by the other person for other functions. McKenzie pals do not need to have any type of qualifications or training, but some do.

Need To Know just divorce mediation mediators Leeds features Concerning Mediation Or Locate A Conciliator Near You?

It is the arbitrator's choice whether child assessment is suitable. Parents in some cases suggest that the youngster or kids are associated with the arbitration process. It is very important that moms and dads comprehend the views, requirements as well as needs of their youngsters as well as involving them in the mediation process might be an excellent way to do this. Youngsters like to be notified and they value having their sights as well as alternatives listened to, although they need to recognize that they are not responsible for the overall decision. Youngster Inclusive Arbitration involves a family conciliator who is educated as a kid professional speaking with a youngster or kids as a component of a mediation in which plans are being created youngsters. The government has suggested that youngsters aged 10 and also above must normally have accessibility to a moderator when concerns concerning their future are being dealt with in arbitration.

Can you bring witnesses to mediation?

Should I bring witnesses and exhibits to the mediation? No. A mediation is not like a trial or arbitration. The attorneys, the parties, and the mediator will discuss the facts of the case, but there are no witnesses, no testimony, no exhibits, no objections, no cross examination, and no arguments.

Making use of the court system to make a decision children's. plans implies that decisions are taken out of the celebrations hands and the form of the contact with the kids will certainly be decided by the court. Other concerns that can be talked about in youngster plans arbitrations are 'agreed practices'. This suggests the events agreeing on how they will act towards each various other, that they will certainly interact utilizing respectful language, keeping stressful disagreements far from your kids.

The Very Best Separation & Family Legal Representatives Near You.

Various other kinds of conflict resolution to be thought about are collaborative legislation, lawyer negotiations, mediation as well as court. The family members court is extremely clear, in that it does not see its function to parent kids. It is only in severe and dire scenarios that the court should intervene in lives of family members and release an order. Nobody disputes the truth that when parents co-operate, there is a favorable effect on the kids.

What Happens at Mediation in a Personal Injury Case? - JD Supra

What Happens at Mediation in a Personal Injury Case?.

Posted: Wed, 10 Jun 2020 07:00:00 GMT [source]

Figuring out the views of their kids can assist parents make great choices in arbitration. One of the most common issues that we are asked to assist with is youngster call throughout divorce or separation. This made use of to be known as kid accessibility or access to youngsters, as well as it is not uncommon to come throughout those expressions even now.

Shared Parenting: Conflicts Over Child.

Numerous moms and dads, who have attended mediation, say that arbitration aids them keep important household partnerships. During the arbitration process, your family mediator might speak with you concerning looking for lawful advice. Don't forget, that arbitrators can not offer any lawful guidance, however they can give you lawful details, so throughout the process do not be upset if the moderator asks you if you have actually had legal guidance relating to details issues. They are the plans, timetables as well as commitments that moms and dads consent to allow the children to spend time with both parents as well as, frequently, their expanded household.

Nevertheless, some interim hearings may involve issues important, such as hearing dental proof concerning what kind of contact a parent ought to be having with a youngster prior to the final hearing. The court must make it clear what is expected to occur at any type of interim hearing. The LA should still consult with moms and dads as well as maintain them informed of decisions that they want to make. The LA is likewise under a duty to make sure that parents and also youngsters have 'affordable' contact with each other while the treatment order is in force. Exclusive law means a litigation that is simply between member of the family, such as parents or other family members-- and which doesn't involve a Regional Authority or other State agency. Therefore, applications for Youngster Arrangements Orders, Particular Issue Orders or Prohibited Steps Orders under area 8 of the Kid Act are all orders in private law procedures.

11.17 Settlement is a much more official process than mediation as the parties become part of an arrangement under which they assign an accordingly qualified person to adjudicate a disagreement and make an honor. On becoming part of the Contract to Arbitrate, the celebrations agree to be bound by the Arbitrator's determination. The arbitrator in household cases is typically a family legal representative that has obtained special training. 11.04 It is critical to make certain that the views and best interests of kids are taken complete account of by moms and dads when contracts are made on exactly how kids are raised. The Family members Arbitration Centre functions closely with various other separation professionals to aid sustain you with separation or separation. For instance we can put you in contact with divorce trainers, counsellors, independent monetary experts, pension actuaries and kids professionals.

Both parents intend to invest as much time as feasible with the children, and every person is established to have a good time. This process can considerably help moms and dads to make the right decisions for their youngsters. In England and Wales, all youngsters of 10 and over should have the possibility to be sought advice from if they wish, when decisions as well as setups are being made that affect them. Hearing the voices of their youngsters must assist moms and dads make far better choices. Child-Inclusive Arbitration provides chances for youngsters as well as youngsters to have their voices listened to straight during the procedure of mediation.

If you have the ability to get to an agreement with your child's other parent, the arbitrator will formulate a composed document for you. You could wish to get lawful suggestions on whether it is fair to you, especially if it's about financial resources.

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Making Youngster Setups If You Separation Or Separate

It is really vital to locate a competent mediator, whatever their history. What need to take place to the family home, consisting of the home loan or rental agreement, as well as what need to take place to the components. Arbitration can supply a versatile as well as casual method to aid re-establish call with your grandchildren. If the partnership has actually damaged down you may want at first to make techniques such as writing a compassionate letter showing respect for the choices that have actually been made and also meticulously asking for contact.

What are the 5 steps of mediation?

There are essentially 5 steps to a successful mediation. They are comprised of the introduction; statement of the problem; information gathering; identification of the problems; bargaining; and finally, settlement.

To learn mediation curch point on Global Mediation's MIAM service, please contact us or ask for a callback by completing the type on the right. On the occasion that the case is unsuitable for arbitration, or if you simply do not feel it is for you, you can request an authorized certificate from the Moderator to enable you to submit an application to Court. The mediation sessions are customized around what you desire and require to go over.

What Is Family Mediation?

We will certainly aid you to explore the choices readily available to you and to make practical setups for the future. Throughout the process, We will give you the needed information to guarantee you get to notified, practical, practical setups, enhance interaction and also lower dispute. In a family mediation service, the moms and dads and the relations fulfill together for the objective of dealing with a dispute concerning the children as well as money or economic concerns. The moderator will ask you vital concerns regarding what concepts you have regarding the future, and also about what is fretting you regarding the present. They may even chat a little regarding what has failed in the past, although the issues of the past are not the main emphasis of mediation. mediation parents such as familymediationservice.org.uk will also set the regulations he or she expects everyone to adhere to.

In these situations, it is possible to put on the household court for Adult Obligation.

This is a strategy that can be integrated with any of the other techniques.

Things get back at more made complex when a moms and dad works changes or has a varied job pattern.

In it, a child who intends to be involved in the procedure talks with a specifically certified child professional moderator.

Separation, separation or dissolution of a civil collaboration can leave households fractured-- with extended family members such as grandparents unclear of their civil liberties as well as whether they can have contact with any children of the partnership.

Moms and dads as well as prolonged family members typically try to fix their troubles and also issues concerning the kids using family mediation solution.

At the final thought of a mediation including building as well as financing, a Memorandum of Comprehending will certainly be prepared, setting out in detail your agreed proposals as well as the rationale behind them. This Memorandum will supply clear information of your current as well as proposed future financial scenarios, and also the practical repercussions of any type of proposals reached. The price of the Memorandum of Comprehending is ₤ 250 + VAT per person. The cost of solving conflicts by arbitration is considerably less than those commonly sustained in lawsuits. Alternatively, for additional information about our mediation solutions, phone. Parenting strategies developed by common permission, adhering to full and also honest conversation can assist restore understanding and count on between moms and dads as well as aid in moving them on psychologically along with virtually.

In Mediation

The moderator concurs with the child/young person what they would like to feed back into the arbitration process for their parents to listen to. Family members moderators have a lot of experience of the issues surrounding separation and also separation and also have the ability to provide you general info regarding all the choices offered to your household. Family members arbitrators will additionally be able to ask both of you important inquiries about the practical influence on your family members of any type of choice that particularly passions you.

Houston family's facing foreclosure after seller doesn't file title change - Yahoo News

Houston family's facing foreclosure after seller doesn't file title change.

Posted: Tue, 02 Feb 2021 02:46:40 GMT [source]

Mediation handling residential or commercial property and/or financial resources profits on the basis that there is full and frank monetary disclosure from each individual. Financial disclosure is, actually, called for whichever course separating couples select to take-- arbitration, settlement through lawyers or litigation. This is since the economic disclosure establishes the context for discussions about your particular propositions. You would not be able to figure out whether a pointer was fair unless all cards had actually been put on the table.

For Single Parents

The very best individuals to concur the parenting plans for the kids are the moms and dads themselves. If you are unable to agree or need help within a parenting plan, after that the next step would certainly be to try family mediation. If you can not agree through mediation, then you can apply for a child setups order. But you will have had to at the very least think about arbitration first for the most part. Our practice is to collaborate with youngsters primarily via their parents with the focus of family mediation placing kids and also young people's requirements first. Family members can do this ideal by listening to them, trying to recognize them and also taking their views and also sensations right into account. We additionally supply the option, if suitable of a mediator meeting separately with the children/young individuals to hear their sight of concerns which affect them.

Family mediation gives individuals the chance to discuss and also take into consideration all available choices in a secure and neutral setup before reaching a final decision. In arbitration, you stay in control; no decisions will certainly be imposed upon you. Our Family Mediators are knowledgeable in aiding separating pairs explore all choices extensively, examining the advantages and also negative aspects of each proposition.

In Kids We Invest

Our family mediation solution is given by a team of household moderators who are experts in their area. Our Family Mediators will certainly help you to communicate when the circumstance is strained and difficult in order to make clear points where there is uncertainty as well as reach agreements preventing prolonged as well as costly lawsuit. A Household Conciliator's function is to assist you to improve communication, lower dispute and also allow you to agree on practical, workable setups for the future. Family mediators are specifically trained to concentrate on the demands of the kids in the household and also will assist parents do that together. We can also assist individuals to choose what to do about the house, other properties as well as debts.

Family moderators can talk to you concerning some of the lawful effects of some ideas that you might want. Family members moderators are specially trained to focus on the needs of the youngsters in the household, and also will certainly help you, as moms and dads, to do that with each other. We have substantial experience in the resolution of family disputes in between couples, parents, grandparents and also other members of the prolonged family associating with youngsters, property and also finance, usually in high-conflict scenarios. We will certainly aid you to identify the concerns as well as exchange details, concepts and sensations constructively.

[benperorsolo]

Full disclosure my least favorite ending idea is the exile/prison ending where Benlo gets redeemed and sorta starts making amends, but he and Rey separate with maybe a tiny possibility they’ll reunite years and years down the line. I feel like this is the most likely ending too, like LF is telling this story where Rey’s place is with her friends and the Resistance and rebuilding the Jedi and Kylo’s just meant to be alone so he can be a better person or just with his older family.

Ehh I really don’t think the exile ending is likely, for a variety of reasons. The crux of Rey’s character arc– from thinking the Big Bad is irredeemable and must be vanquished/thinking her parents will come back to her/thinking her place is to control the Force and not do its will, to thinking Ben is very much redeemable/her parents are never coming back/she is not a controller but a vessel of the Force, come from interactions with and sparking off of Ben. Ben is the one Rey goes to when she feels utterly alone. Ben is the one who reassures her. Ben is the one who takes her hand and whose touch incites a vision of their shared future where (quote the TLJ novelization) ��they would never have to be alone again.’ Even after Rey shuts the door on Crait, the novelization doesn’t state that she’s given up on Ben. Rather she decides that ‘she would wait, and the future would unfold as the Force willed.’ Rey didn’t find her place with the Resistance and her friends. She had almost no screentime with them and her arc was not pushed forward by them. I’m not saying here that Rey cannot have friends, but rather that from a raw writing standpoint, the writers did not develop the idea that her ‘place’ is with them, and they definitely wasted a whole movie if they wanted to end with that theme, given how deeply they entangled the thematic resolution of her arc with Ben’s. This is the reason the bond opens back up in one of the ending scenes– to show that Rey and Ben are not finished with each other. Their story continues together. 

The idea of Ben ending in exile is something I definitely don’t think is likely, to be frank. I’ve written about this before, and I’ll requote it here:

Re: if a HEA could happen even if they sent Ben to space jail/killed him off/broke him up with Rey— no, not in my opinion. Star Wars is a fairy tale. It operates on much broader and more universal themes than the intricacies of war crime tribunals or exile. The implications of the Dark Side are much more spiritual than they are political; it’s about the impact they have on your soul, not your standing before a court of law. Ben’s redemption is a spiritual victory. To then take Ben and put him in jail and go through the intricacies of crime and punishment is not only way too realistic and nitty gritty for SW but takes away from the whole point of the metaphor of the Force, which is really more about overcoming the personal struggle to choose good than it is about how if you literally commit war crimes, x happens. It’s about how deciding to do good makes you whole, not how it cripples you or exiles you.

I think it’s important to note that Ben going into exile is different than Luke, Yoda, or Obi-Wan going into exile because characters play different roles in the story. As I have also said before, Ben’s redemption is important thematically because Ben is the last Skywalker. Because the fate of the Skywalkers reflects the theme of the story, a tragedy for them is a tragedy for the story, and a HEA for them is a HEA for the story. Star Wars is about HEAs, period. And Ben’s redemption is the redemption of his whole family line, whose story is given meaning because it ends with meaning– their child carries on their flame. Obi-Wan and Yoda went into exile because of Anakin. Their mistakes are in turn redeemed when Anakin is redeemed. Luke went into exile because of Ben. His mistake will be redeemed when Ben is, too. To send Ben into exile or space prison and to not let him integrate into society is to not truly redeem the Skywalkers, because Ben is not made whole again. There’s no one to redeem his exile, like there was for Yoda and Obi-Wan (and Luke, come IX). 

And if you need someone who isn’t me to tell you this, I’d rec these vids from a Youtuber I love who imo has an excellent grasp on myth, storytelling, and SW:

Anyways. That’s a lot. Thanks for the ask!

[radramblog]

Who should I vote for in the WA state election?

Full disclosure, this is directly inspired by this article, by someone from my high school as part of a youth newspaper he was working on. Considering said newspaper hasn’t updated since, oh, 2017, I think it’s fine to step on a few toes.

According to the ABC there are 19 parties vying for votes in the 2021 Western Australia State Election, which is coming up on Saturday. Some of them are good, some of them are very very not. Let’s go through each!

Animal Justice Party

The Animal Justice Party is a single-platform party masquerading as a multi-platform party, and while they have bland but reasonable positions on common issues everything, and I mean everything, on their page circles back to animals. Mental Health? Animal therapy and volunteering are good for that! Foreign Policy? We only care about trophies and wildlife trade! Domestic Violence? Abusers kick puppies, not just spouses! You get the idea. They mean well, but I don’t think they’re even close to a top pick, especially considering some of their odder platforms (banning processed meat sales to minors like they’re cigarettes, sure ok).

Vote for them if you’re the epitome of the obnoxious vegan.

 Australian Christians

I mean, obviously I’m not religious, but I’m pretty sure these folks don’t speak for all Christians. They’re first on the list of whackjobs, anti-abortion and same-sex marriage, pro “sexual morality” (read: puritanism) and have out-of-context bible quotes on their statement of intents. Oh, sorry, statement of beliefs. Clicking on this webpage made my skin crawl- protip, if a person or party claims to support “family values” or “Christian ideals” 99 times out of 100 they’re just using it to justify bigotry.

Vote for them if you’d feel right at home in Cromwellian England.

 Daylight Savings Party

This one’s website was broken for me, so I couldn’t really get a hold of anything beyond the name and what was on their facebook page, which is pretty much just what their mission statement is- Western Australia but we have daylight savings time. Despite being ridiculously sunny all the time. But….but why though….

Vote for them if you enjoy changing your clocks twice a year, like a weirdo.

 The Great Australian Party

There are two really obvious jokes here screaming at me to be made. The GAP wants to make Australia great again, and despite the name it doesn’t involve jeans. These guys think taxes are bad but it would be good if they were instead handled by corporations, which is the most laughably stupid idea that itd be enough to bottom-vote them just on that- fortunately, their stance on firearms (we’ll get to it later) and immigration (withdrawing from UN treaties, seriously?) make it pretty clear they’re just a bunch of cunts. Their policy pages complain about political correctness and want to make fucking with a flag a crime like it is in the US, so the comparisons to a certain US party keep going.

Vote for them if you’re the proud owner of a red hat that your children will burn out of shame.

 Health Australia Party

The fact that these people have an entire page dedicated to going “no, we aren’t anti-vax, we just have a lot of concerns” answers any questions you could possibly have. They also advocate for “natural medicine” to be placed on equal footing with, you know, medicine, which is obviously not a great idea.

Also, that they spell it “anti-vacc” and that their policy list is in fucking Calibri bugs me to no end.

Vote for them if you’re on a lemon detox.

 Legalise Cannabis Western Australia

Take a guess. Take a wild fucking guess what single issue these guys are about. I don’t even have anything against this idea, their policies aren’t awful or anything, but it’s a heck of a hill to spend so much of your time on.

Vote for them if you’re high off your tits, I guess.

 Liberal Democrats

What is this, libertarians? I’ll be frank, most of their policies are rooted in economics stuff I don’t really understand, but they’re against COVID lockdowns. You know, despite how effective they’re shown to be around here since we don’t fuck them up (mostly).

These guys seem to be one of the bigger of the small parties but their website is super unhelpful so ???

Vote for them if… I dunno?

 Liberal Party

The first of the two major parties. They lost power in the last state election, and I couldn’t be more thankful- they’d been doing nothing but cock up for years at that point, and the premier was a fucking joke. Considering that their leader has apparently already conceded defeat, I suspect they aren’t looking to repeat the process.

The Liberals seem to be the default for a lot of people, thanks to their incalculable media bias and being one of the big two. I suppose if you’re reading this, you aren’t voting for them anyway.

Vote for them if your mum voted for them and you’re proud of that for some reason.

 Liberals for Climate

If you voted in the last election, you might remember a party called the Flux network, which was a party where their policy was just online voting for everything. This is, uh them again? But they seem more concerned about climate than last time.

Vote for them if you haven’t watched this video.

 No Mandatory Vaccination Party

…no. just no.

Antivaccination is an opinion that makes my skin crawl. The fucker that effectively started the movement, Andrew Wakefield, effectively did so for the money, and as such is indirectly responsible for thousands of deaths. The people who believe this shit know nothing of chemistry or medicine but hear a few buzzwords and do a google or two and think they’re the greatest geniuses of our time. They think they’re soooo fucking smart. Confident incorrectness can be funny at times, but not when such a huge issue is at stake.

Vote for them if you want me to call you out on twitter dot com.

 Pauline Hanson’s One Nation

Oh christ she’s still trying this shit? For reference, in the last election these xenophobic cunts were rightfully punted out of our state, despite massive campaigning, proving that we aren’t the bogan capital of the country quite as much. Their policy pages make me want to vomit, but who the fuck voting for One Nation reads the fucking policy page?

Pauline Hanson was a fish and chip shop owner who made a political party to get her xenophobic bullshit out on the national stage, and was arrested for election fraud, yet still is allowed to run a party for some reason. She’s switched the target of her ire from China to the Middle East to reflect modern bigotry better, but it’s the same old shit. The only good thing ever to come about her was the Pauline Pantsdown song, and she obviously wasn’t involved in that.

Vote for them if you’re interested in joining the Proud Boys.

 Shooters Fishers and Farmers

Oh and the hits just keep coming. Funnily enough I don’t have an issue with their fishery policy, but that’s not the main one, obviously. Australia has harsh gun control laws on account of a mass shooting back in 1997, and we’ve stayed that way for 23 years with, shockingly, no further mass shootings (that I’m aware of). You can disguise your policy by saying its for the sport all you want, but I’ve got no interest in bringing guns back to WA.

Vote for them if you think the NRA having massive political sway in the USA is a good thing.

 Socialist Alliance

Full disclosure, I consider myself a socialist, so I’m probably a little biased here. But yeah, these look like good policies. They want to remove the USA military presence in Australia which I am personally very for, they support royal commission into the big banks which should have been done a decade ago, and they want to lower the voting age to 16 which considering that the youth are generally more politically minded these days seems fair enough to me. I’m for it.

Vote for them if you would have voted for the Greens, and don’t know which to put higher.

 Sustainable Australia

Despite the name, the policy of this party is more concerned about population than climate, an issue I’m not sure is especially pronounced in this neck of the woods. I’d put them fairly middle of the road, seeing as they have some policies I’m for (no new coal mines or fracking) and some I’m very against (increased police funding, lowered immigration).

Vote for them if you too don’t know the common usage of the word Sustainable in modern times.

 The Greens

Why everything is alphabetical until this and the next one are beyond me. Regardless, I suspect you already know if you’re voting Greens, but bluntly: They’re basically the only ones with a real, functional plan about Climate Change. And considering that’s the biggest problem facing humanity at large right now (yes, including COVID), that’s a pretty solid claim.

Vote for them if THERE IS NO PLANET BEEEEEEEEEEEEEEE

 The Nationals

The nationals end up in coalition with the Liberals basically all the fucking time so if you’d vote for the Libs you’ll vote for the Nats. They’re basically the liberals, but they pay lip service to caring about poor rural areas while continuing to suck big buisness’s cock like a kid with an icy-pole.

Vote for them if you’re a genuine country bumpkin.

 WA Labor

I’ll be frank, I don’t think there’s a single way Labor doesn’t win this election. Mark McGowan has developed a minor cult of personality, and they’ve handled the old COVID situation remarkably well. I don’t agree with everything they’ve done in the past 4 years, but their track record is certainly better than the Liberals. Still, they’re not going to be the top of my preference sheet.

Vote for them if you don’t know what small parties to preference first.

 WAxit party

I’ve admittedly entertained the idea of a Western Australian Secession, and provided it is handled well am not entirely against it. It does make me feel vaguely Texan, though, and that’s not a position I enjoy being in. This party wants to massively invest in defense so WA can protect itself from an invasion- one that will never, ever come, and I really don’t expect to eat those words. We don’t matter enough to target.

Vote for them if you think Brexit 2 sounds like a good idea.

 Western Australia Party

Look at this point I’m fucking sick of all these parties. They have Family Values on their policy list so I’m just taking that as a red enough flag not to vote for them.

Vote for them if you actually read their shit and were a fan of it.

 And that’s…everyone. Wait no not everyone hang on.

Independents

I must confess, I basically always forget to read about the independents prior to an election. This is going to be different in every district, so do your research- or just do what I do and stick them all smack bang in the middle between the parties I like and the parties I don’t like.

 Ok now that’s everyone. This took a long time and a lot out of me, so I hope you appreciate this shit. Hopefully you are now prepared for what may come on Saturday the 13th, and won’t be too disappointed when your minor party of choice doesn’t win the seat because everyone in your area votes Liberal for some fucking reason.

[aaronandpartner]

Divorce in the age of Cryptocurrency

Whatever your view of the financial risk, cryptocurrencies like Bitcoin are increasingly part of the make-up of matrimonial assets.

In family law, concerns lie around disclosure and how to practically share such a so-called ‘digital asset’. Is the law able to keep up with fast-evolving asset structures?

Bitcoin (or its equivalents) are considered ‘property’ within the meaning of the law and thus relevant assets when considering financial claims on divorce.

Cryptocurrencies are unregulated and offer anonymity. These may present difficulties on divorce when trying fairly to divide the matrimonial resources.

There is an ongoing duty in family proceedings of full and frank disclosure. Unless the cryptocurrency is properly disclosed the other party may struggle to establish the investment’s existence, let alone its value. There is no public record of the investment unlike with land or shares.

The initial purchase can usually be easily proven if it was made from a bank account. However, following the funds beyond that initial investment may be difficult without the investor’s passwords. Courts can order specific disclosure of passwords under threat of penal sanction. Specialist investigators can be engaged too and so with effort (but cost) the investment is usually traceable.

Given the price volatility, expert valuations should be obtained to establish its fair value. The court will then consider how best to share it taking account of its erratic, volatile nature. Where there are sufficient assets to do so, the court could ‘offset’ one party’s share against another matrimonial asset of equivalent value.

The ‘offsetting’ approach is useful but it does raise the prospect of ‘risk inequality’. If the value climbs after divorce, one party could profit hugely, while the other is stuck with a fixed sum or another static asset class. There will usually be ‘no second bite of the cherry’ regardless of the change in values post-settlement. The court has the power to order the transfer of cryptocurrency, so the risk can be shared through such an order if there is an appetite to do so.

Although a thoroughly modern phenomena, the courts have already found ways of dealing with cryptocurrency both procedurally and as part of its distributive powers.

Richard Barge

Family

Head of Team and Partner Email: richard.barge@aaronandpartners.com Tel: 01244 405 443

The post Divorce in the age of Cryptocurrency appeared first on Aaron & Partners.

from Aaron & Partners https://www.aaronandpartners.com/divorce-in-the-age-of-cryptocurrency/

[simardassociates1]

What steps should you take when going through a separation?

If you’re thinking about separating or have already separated, you and your spouse have to work out the legal issues surrounding parenting, child support, spousal support and division of property. In Ontario, married couples and common-law spouses have the same rights and responsibilities when it comes to their children. However, there are several differences when it comes to property. Here are some questions you can ask yourself to help you go through the process.

DO YOU AND YOUR SPOUSE AGREE?

Although you and your spouse may no longer be compatible, you may be able to come to a decision about the issues arising from your separation. Attending mediation can assist you in making those decisions, or you can discuss it between yourselves. If you can come to an agreement, you may be able to avoid going to court. You and your spouse can draft your own Separation Agreement and seek help from a lawyer to execute the same. By having a separation agreement, you and your spouseare able to work our what’s best for you and your family, rather than having a judge impose it’s solution.

PREPARE A SEPARATION AGREEMENT

A separation agreement is a contract between you and your spouse that describes how you and your spouse want to resolve the issues arising from your separation. You don’t even have to agree on everything to prepare a separation agreement. For example, you can make a parenting agreement that only relates to the children. You don’t have to hire a lawyer to prepare a separation agreement, but it is recommended to obtain legal advice prior to signing a Separation Agreement. There are two important of a separation Agreement: (i) full and frank financial disclosure and (ii) the opportunity to have sought or having sought independent legal advice.

FILE THE AGREEMENT WITH THE COURT

Once you and your spouse have prepared a separation agreement, you can choose to file it with the court. If you chose to file it with the court, you must file it in the jurisdiction where the children reside. Filing the separation agreement makes it enforceable by law. If your spouse doesn’t pay child support pursuant to the separation agreement, for example, the Family Responsibility Office (FRO)can assist you in getting your money.

WHAT IF YOU CAN’T AGREE WITH YOUR SPOUSE ON THE ISSUES ARISING FROM YOUR SEPARATION?

Of course, there’s always the possibility that you can’t agree with your spouse. It can be difficult to resolve legal issues when you can no longer cohabit. You can always seek the help of a mediator or a family law lawyer who can help you work through the issues. Alternatively, you can go to court and ask the judge to make a decision of your separation based on the evidence and the law.

START A COURT APPLICATION

The person who brings a court Application is called the Applicant. The other party is called theRespondent. The process begins by filling out Form 8 (Application). This form will address the issues arising from your separation. It will also need to be issued with the court and served upon your spouse.Once a court Application is issued and filed, there are deadlines that must be met and steps that need to be taken to have your case settled.

Contact an experienced family law lawyer at Simard & Associates for assistance with your separation. Hiring a lawyer to provide legal advice can help you avoid mistakes that may prolong your case.

[tipsycad147]

Aquarius January Old New Years Customs and Lore

In Madagascar New Year’s is celebrated with much feasting and sacrificial killing of oxen takes place.

Chinese custom requires that every boy who calls on his neighbours or relatives on New Year’s day, should receive a couple of loose-skinned oranges, or he is considered shamefully treated. The name of orange means luck, fortune, and auspiciousness.

On New Year’s eve while the clock is striking twelve, repeat three times: “Good Saint Anne, good Saint Anne, send me a man as fast as you can,” and you will become engaged within a year.

At the beginning of the New Year in Natal, a ceremony is performed by the chief by spurting from his mouth a mixture of the New Year’s fruits in different directions as if upon his enemies. After this ceremony it is lawful for the people to eat the New Year’s fruits. They are only eaten by stealth before.

It was a custom of the Jews to serve up sheep’s head on New Year’s at their chief entertainment, as a mystical representation of the ram offered in sacrifice for Isaac. When a family or company sat down to this repast, each person took a piece of bread and dipping it in honey, said, “May this year be sweet and fruitful.”

In several parts of Belgium it is customary for the people to make waffles on New Year’s day. Around Liege the first waffle is crossformed or cut cross-wise, and placed on the chimney-piece as a New Year’s gift to the crucifix. It is believed that this waffle or cake is blessed; it does not rot and a small piece given to a sick man or beast makes them recover.

An old New Year’s custom which is still observed in some of the northern counties of England, is called “Going about with a vessel cup.” Poor women and girls desirous of obtaining charity take two dolls, representing the Virgin Mother and Infant Jesus, and go about from house to house during the week before New Year’s singing a quaint old carol and at its conclusion presenting for the receipt of alms a small cup, which is known as a “vessel cup.” To turn one of these vessel cup singers unrequited from your door is to forfeit all good health and good fortune for the approaching new year.

In Westmoreland and Cumberland early in the morning of New Year’s the “Taex Populi” assemble carrying stangs (long poles) and baskets. Every inhabitant or stranger who falls into the hands of this ruffian band will be sacrificed to their favourite Saint; a man is mounted on a stang, a woman is basketed, and carried shoulder high to the nearest balance and weighed. None are allowed to follow their accustomed occupations on this day.

In Guria in Asiatic Russia, the New Year is prepared for a month before the time comes; the people pen up poultry, turkeys, ducks and geese; but the chief animal for food is the pig which is fatted up a month before and killed two or three days before New Year’s. The New Year in Guria might almost be called the feast of St. Yicelie the Great, because it is believed by them that the prophet Mahomet had an argument with that saint as to who could work the greater miracle. The saint said that he would strike with an iron rod a rock and out of it water should flow. Mahomet said he would stick his staff into the ground and wine should flow from it. On New Year’s day the miracles were performed. The saint struck the rock, and a spring came out and flowed. When he saw the miracle, Mahomet took the saint to a place where he had put some wine skins under the earth. But when they reached the place where Mahomet intended to stick his staff into the hidden wine-skins, they found some pigs had rooted them up and they were to be seen scattered over the ground. In this way was Mahomet defeated by pigs, and thus the pig is the animal for the New Year’s feast. Mahomet cursed the pigs and ever since his followers will not eat Dig’s meat; but the saint blessed them, and with his foot pressed their tails into the ground and they are killed in his honour in Guria.

The old Romans did not give up New Year’s day wholly to feasting or idleness, as is done in most countries, but everyone wrought a little at his trade for the sake of luck throughout the year.

In England it was customary to give and receive gifts on New Year’s day with the superstitious design of securing good fortune for the year, as well as for affection and to promote good neighbourhood. Even the kings of England accepted presents from their courtiers on this morning.

In France New Year’s day is still distinguished by a universal system of present-giving.

The Romish Church as well as the Church of England celebrated the first of January in honour of the circumcision of Christ.Yorn Kippur, the day of atonement, is the concluding ceremonial in the observances of the Jewish New Year, called Rosh Hashanah, which falls in either September or October. While Rosh Hashanah, the day on which the fate of the pious is inscribed in the great book, is given to rejoicing and merry making, Yorn Kippur, the day on which the book is sealed, is observed by fasting, praying, repentance, and reconciliation.

A cock is taken by its legs by the eldest male of the family and swung nine times over the others’ heads, praying God to transfer their sins into the body of the fowl. The bird is then either killed as a sacrifice or given to the poor.

In the basement of the synagogue are placed long boxes with sand. Each worshipper brings with him a candle, sticks it in the sand, lights it, and beseeches God to let the light of his mercy shine upon him and as a sign thereof make the candle burn long and clear, to indicate a long and happy life for the supplicant.

We find that the Walloons (Belgians) have many observances and beliefs in common with their Gaulish neighbours, while the descendants of the Franks by whom the ancient Gauls were dispossessed of the fertile plains and driven into the mountains, have preserved more pagan usages.

The Christian era was not generally used in Flanders until the reign of Charlemagne. The year began on various days according to the different departments of life; but as soon as the Frankish supremacy was established in the southern region, now known by their name, and that had adopted the first of January as the beginning of their civil year its adoption in Belgium followed as a matter of course.

In the Teutonic provinces it is especially honoured and surprise greetings are used, when the person first saluted has to give the other a present.

On twelfth night, festivity is universal in Belgium and a cake with a bean in it is cut for the kingly place. These solemnities are thought to have come down from Roman civilisation and to have been introduced by Gaulish ancestors.

At Mechlin the Sawyer’s Guild have taken the “Three Kings” as patron saints on a punning interpretation of the text, “They saw the Star.”

The Chinese, in this country as well as at home, bid good-bye, annually, to the god of the kitchen, giving him thanks for his protection of the family during the year, after which he is supposed to make his annual journey to heaven to report to the “pearly emperor” the condition of the family and how it has behaved during the year. To avoid unpleasant disclosures, the god is regaled with quantities of candy so sticky that his lips are too full for utterance, being glued too tight to speak. The night before the Chinese New Year, the dusky little god is supposed to return, and gets another supply of sugar and delicacies which he is supposed to like

.In the small hours of New Year’s morning take place the interesting ceremonies of sacrifice to “father heaven” and “mother earth” by the head of the family, who offers fruit, rice, vegetables, and tea to both these divinities, asking blessings on the hour and the New Year. A quantity of gilt paper-money is burnt, which passes in smoke to the heavens above and in ashes to the earth below.

Prostrations and reverence before the household gods, the shrines of the ancestors, and the older living representatives of the family, are all gone through with for luck.

The presents chosen by the Chinese at their New Year are of a significant nature. A kind of orange, called “kat,” is handed around on the supposition that it is a good omen for the year, from the fact that the name has the same sound as the word which means “lucky.” For the same reason, thin-shelled bivalves, called “hien,” are eaten, this word being identical in sound with the word for intelligence. A kind of carp is also in much demand, as its name is the same as “profit.”

Source: Encyclopaedia of Superstitions, Folklore, and the Occult Sciences of the World

https://shirleytwofeathers.com/The_Blog/pagancalendar/category/january-holidays/page/6/

[whatdoesanattorneydo]

Are You Considering Family Separation in Australia?

Family Law  

A separation in your family. What does it mean for you?

Have you clearly thought it through?

This could be one of the most traumatic experiences a family will face.

Family Separation can be devastating for everyone involved.

How well you handle a separation will impact on how well you and your family cope now and in the future.

Are the traumas and conflict that you are now facing so great that they cannot be resolved?

Are there drug or alcohol abuse issues?  Is there family violence in your relationship or between family members?

There may be issues that cannot be resolved and the only solution is to remove yourself from the impact on, not only your life but the lives of your children, your friends, and associates. There may be no solution to such problems and Family  separation from the cause may be the only solution.

WHAT ARE THE ISSUES THAT CAN BE RESOLVED? WOULD A RESOLUTION BE MORE BENEFICIAL IN THE LONG TERM THAN A DISRUPTION TO YOUR FAMILY, CHILDREN, FRIENDS, AND ASSOCIATES?

Who can help to solve if you really want Family Separation?

COUNSELLING

Have you considered counseling either for yourself or jointly with your partner? Counselors can help you work through your problems. You can find qualified counselors in private practice as well as in government and community-based organizations. I have provided details of this in the additional help information section of our A to Z of Family Law.

Counseling works best if you and your partner attend sessions of your own free will. However, if you and your partner go to the Family Court, you may be ordered to attend counseling before a decision is made by the Court.

If counseling does not prevent your relationship from breaking down, it can still help with resolving emotional issues that result from a separation. It is a good idea to shop around to find a counselor with whom you feel comfortable and confident. There are many counseling organizations available to you. A simple internet search will provide links to many counselors and psychologists who engage in family counseling both privately and through various government and non-government organizations.

If Family Separation is inevitable, what are the decisions you may need to make?

It is necessary to give consideration to the financial consequences of remaining in the relationship or separating from the relationship. Seek advice from a financial adviser.

Work out a budget setting out the expenses you will need to cover and that is required for your day-to-day living and other expenses. There are expenses not only for yourself but for your children, their schooling, medical and otherwise.

What are your financial needs?

You will need to consider not only the financial needs for yourself but the financial needs of your partner and children that you may be responsible for in either the short or the long term should you separate and live separately and apart. You will need to give consideration as to how you will provide for those needs.

What arrangements should I make for my children?

Are you to remain in the relationship home with the children and is your partner willing to leave the premises? You must bear in mind that the Court will not force someone to leave their own home unless there are real issues involving the family where children and the parties themselves are being affected by the emotions and the stresses involved in living together.

The Court will only intervene if such emotional stresses reach a peak whereby the parties or the children are suffering from depression and are receiving medical care. The Court will not force someone out of their own home unless it is in the best interests of all concerned that someone should leave.

The Court when giving consideration to this would ascertain who is the best person to leave the home. Who would be least affected by such a move:

If your partner does not move away from the home, are you in a position to move to other premises?

Do you have the financial means to meet the rent obligations of other premises for yourself and your children, if you wish the children to be with you?

Are the premises suitable for the children?

Will the children be affected by the move if they move out of the home with you?

If you cannot resolve these issues in counseling or if counseling is not available to you, seek legal advice and see what your legal position would be in such circumstances.

Is there family violence in your relationship?

Are the stresses in your life caused by family violence, drugs, or alcohol abuse by your partner?

Family violence takes many forms. It is not necessarily verbal or physical violence. Many forms of violence are considered family violence under the legislation:

It could be withholding financial support;

Preventing you from socializing with your friends and associates;

It could involve constant texting or emailing you with issues concerning your family.

There are many forms of family violence, which would form the basis for an application seeking a family violence restraint order against your partner. An application for family violence falls within the state Magistrates Court. If there is a ground for family violence, the Court will consider making orders preventing the person who is responsible for such violence from contacting you and from entering your home. Family violence orders can also include the children whereby contact by a perpetrator of family violence is prevented from seeing the children.

The consequences of seeking a family violence order must be well considered by you before taking that step.

You must also give consideration to what you believe the children’s involvement with the other partner should be and how that can be best achieved.

Consideration must be given to the division of the relationship assets and how they are to be divided to cater for the needs of yourself and your family.

Children’s and property issues will be dealt with in our following seminars.

If you require assistance to deal with any of the emotional, financial, and legal issues arising from a separation, then you must seek professional advice.

Where do we go from here?

Many couples who separate can agree on what they wish to happen in relation to a distribution of their assets and if there are children, the arrangements which they wish to make, and put in place for the children’s future.

When couples are in agreement, the options for formalizing the property settlement and arrangements for the children are:

Consent orders. Agreed Orders that can be made by the Court;

Parenting plan setting out agreed terms of child care;

financial agreement. Again, setting out terms agreed by the parties.

Negotiating an agreement.

Around the kitchen table.

In your negotiations with your partner in regard to Property issues and children, it would be beneficial to seek legal advice from a solicitor who specializes in Family Law so that you are empowered and have knowledge of what is achievable in reaching a settlement. Once you are empowered with this knowledge, are you able to sit around the kitchen table and negotiate directly with your partner to resolve such issues?

If you can resolve such matters, then the agreement can be formalized in a manner which I have mentioned. Your legal adviser can assist you in drafting the necessary documents to formalize any agreement reached.

Collaborative practice.

Do you require assistance to negotiate these matters with your partner? If you have a fairly good relationship with your partner, then the most effective means of assisting you in such negotiations is a new form of family law practice, which is Collaborative Practice or Collaborative Law. For Collaborative Practice to be successful, the solicitors engaged must be trained in this form of dispute resolution, a different mindset to the normal practice of Family Law. The collaborative lawyers are trained to work together with both you and your partner to reach an amicable settlement that you can both live with and which best suits your needs.

Collaborative Practice is a popular dispute resolution method developed in the United States in the early 1990s. It gained rapid popularity in the United States, the United Kingdom, Europe, and Canada and is now a practice available to help people in Australia.

Benefits of collaborative practice.

You have the benefit of being advised and supported by a lawyer at all times.

The outcomes are generally faster than traditional negotiation methods and most certainly quicker than Court outcomes.

The outcomes are certain and long-lasting because they are owned by you and your partner, as you assisted in creating the outcomes.

The process promotes cooperation in the future, particularly when long-term investments are involved, and when in most cases you would have a close association in the children’s lives.

Negotiations are reached in a dignified and respectful way.

The outcomes are often tailor-made and more creative providing fairer settlements.

The collaborative practice may be suitable for you and your partner if both of you:

wish to spare your children from the emotional damage that litigation can cause;

accept personal responsibility moving forward to reach an agreement;

believe it is important to create healthier and more holistic solutions for your futures; and

understand and embrace the necessity to make full and frank disclosure about financial issues.

Even when there has been family violence in your relationship, the collaborative practice may still be available. Your collaborative lawyer will assist you to determine whether this practice is available in such circumstances and if it could still be effective. Collaborative Practice allows other collaborative trained professionals such as psychologists and financial advisers (accountants) to be involved in the process. Financial advisers can be engaged where financial assistance is required, not only to assess the assets and their values, especially when there are companies and trusts but also to advise if any of the resolutions reached are a viable resolution financially and if resolutions would be more tax-effective and more suitable.

The collaborative approach would enable you and your partner to resolve issues respectfully so that you can arrive at dignified solutions to your dispute with your partner and maintain a sound relationship with each other in the future, especially if long-term financial interests are involved and also to assist in your future involvement with your children. The practice emphasizes reaching an agreement rather than having to battle it out in Court. You and your partner and your lawyers will work together to share information in a series of meetings. They will be involved in the full process and none of the decisions will take place outside your full knowledge.

Collaborative practice is different from going to Court. It involves meetings between yourself, your partner, and involving your lawyers. Everyone works together towards a common goal resolving the dispute with emphasis on retaining your dignity and best interests.

You will have your collaborative lawyer advising and assisting you throughout your negotiations. The playing field will be more even between you and your partner because you and your partner will have your respective lawyers to support you as well as other professionals if necessary and with your consent.

If an agreement is reached in these collaborative meetings, then the agreement can be formalized in the manner I have described above.

What if a collaborative practice is not suitable for you? Are there other means available?

Mediation

Mediation is another form of alternative dispute negotiation which may be suitable for you. Again, it is a voluntary process. However, the Family Court may order mediation if you do instigate proceedings in the Court.

Normally, in mediation, you are represented by your own lawyers. The difficulty with mediation is that you will have one version of the dispute and your partner may have a different version to your own. The Mediator is only there to assist you in negotiation. The difficulty is in bringing together the two opposing views given to your respective lawyers. The mediator’s role is to assist with communication between yourself and your partner so that you may have open discussions in negotiating a settlement.

The mediator’s aim is to facilitate the open discussions and communications between you and your partner so that you can identify the issues of the dispute, generate options to address such issues, and hopefully to agree upon ways to resolve the issues and to reach a settlement.

The mediator’s role is essentially a neutral one. The mediator will not take sides. The mediator will work with both you and your partner to help you negotiate your own decisions together and will not represent either of you in Court before or after mediation.

Both Collaborative Practice and mediation can be dealt with quickly, and because of this, the costs are limited. If these forms of alternative dispute resolution are not successful or are unavailable or cannot be agreed upon, then the only solution is litigation in the Family Court.

Litigation in the Family Court

Most matters in the Family Court are dealt with in the Federal Circuit Court. This is part of the Family Court in Australia. The more difficult issues are dealt with by judges in the Family Court.

Proceedings in the Family Court should be avoided if at all possible. It is emotionally and financially draining being involved in such a process. It can take years for a matter to resolve in the Courts.

The Court can order reports which would involve the children also being interviewed by a report writer. If all else fails, this is the final process to help you to resolve the issues arising from a separation. If you are embarking on this process, it is very important that you seek legal advice.

Financial support

Financial support until financial issues and children’s issues are resolved. This would occur where a party has not had the financial control of the resources of the relationship, has not been in employment, and who has mainly been involved in the parenting and household roles and may not have the financial means to support himself or herself if a separation should occur.

Spousal maintenance

A party can apply for spousal maintenance in the Court seeking financial support until all issues in the Court have been resolved. A spousal maintenance application can be made in its own right. It is not necessary to seek other financial relief from the other party.

The Courts consider the income levels of both parties and the expenditure of each party for their day-to-day living and other expenses. If a person does not have the income to meet his or her day-to-day living expenses or reasonable expenses, then that party has a need. If the other party has an income greater than his or her day-to-day living expenses or other expenses, then that party has the capacity to assist the other party financially until matters are resolved. In such circumstances, the Court can order the party with the financial capacity to pay spousal maintenance to the other party. Normally spousal maintenance ceases when financial issues have been resolved.

Child maintenance

A party who has the care of the children can apply to the Child Support Agency for child support for the children. An application is made to the Agency and considered by the Registrar of that Agency. The child support payable is based on a formula that depends on the incomes of the parties and the care of the children. The Child Support Agency will determine the amount of child support payable, which is normally then deducted from income earned by the other party in his or her employment. On the website of the Child Support Agency, there is a calculator that sets out the formula and allows a calculation of child support payable.

[rebeccaeipper]

Are You Considering Family Separation in Australia?

A separation in your family. What does it mean for you?

Have you clearly thought it through?

This could be one of the most traumatic experiences a family will face.

Family Separation can be devastating for everyone involved.

How well you handle a separation will impact on how well you and your family cope now and in the future.

Are the traumas and conflict that you are now facing so great that they cannot be resolved?

Are there drug or alcohol abuse issues?  Is there family violence in your relationship or between family members?

There may be issues that cannot be resolved and the only solution is to remove yourself from the impact on, not only your life but the lives of your children, your friends, and associates. There may be no solution to such problems and Family  separation from the cause may be the only solution.

WHAT ARE THE ISSUES THAT CAN BE RESOLVED? WOULD A RESOLUTION BE MORE BENEFICIAL IN THE LONG TERM THAN A DISRUPTION TO YOUR FAMILY, CHILDREN, FRIENDS, AND ASSOCIATES?

Who can help to solve if you really want Family Separation?

COUNSELLING

Have you considered counseling either for yourself or jointly with your partner? Counselors can help you work through your problems. You can find qualified counselors in private practice as well as in government and community-based organizations. I have provided details of this in the additional help information section of our A to Z of Family Law.

Counseling works best if you and your partner attend sessions of your own free will. However, if you and your partner go to the Family Court, you may be ordered to attend counseling before a decision is made by the Court.

If counseling does not prevent your relationship from breaking down, it can still help with resolving emotional issues that result from a separation. It is a good idea to shop around to find a counselor with whom you feel comfortable and confident. There are many counseling organizations available to you. A simple internet search will provide links to many counselors and psychologists who engage in family counseling both privately and through various government and non-government organizations.

If Family Separation is inevitable, what are the decisions you may need to make?

It is necessary to give consideration to the financial consequences of remaining in the relationship or separating from the relationship. Seek advice from a financial adviser.

Work out a budget setting out the expenses you will need to cover and that is required for your day-to-day living and other expenses. There are expenses not only for yourself but for your children, their schooling, medical and otherwise.

What are your financial needs?

You will need to consider not only the financial needs for yourself but the financial needs of your partner and children that you may be responsible for in either the short or the long term should you separate and live separately and apart. You will need to give consideration as to how you will provide for those needs.

What arrangements should I make for my children?

Are you to remain in the relationship home with the children and is your partner willing to leave the premises? You must bear in mind that the Court will not force someone to leave their own home unless there are real issues involving the family where children and the parties themselves are being affected by the emotions and the stresses involved in living together.

The Court will only intervene if such emotional stresses reach a peak whereby the parties or the children are suffering from depression and are receiving medical care. The Court will not force someone out of their own home unless it is in the best interests of all concerned that someone should leave.

The Court when giving consideration to this would ascertain who is the best person to leave the home. Who would be least affected by such a move:

If your partner does not move away from the home, are you in a position to move to other premises?

Do you have the financial means to meet the rent obligations of other premises for yourself and your children, if you wish the children to be with you?

Are the premises suitable for the children?

Will the children be affected by the move if they move out of the home with you?

If you cannot resolve these issues in counseling or if counseling is not available to you, seek legal advice and see what your legal position would be in such circumstances.

Is there family violence in your relationship?

Are the stresses in your life caused by family violence, drugs, or alcohol abuse by your partner?

Family violence takes many forms. It is not necessarily verbal or physical violence. Many forms of violence are considered family violence under the legislation:

It could be withholding financial support;

Preventing you from socializing with your friends and associates;

It could involve constant texting or emailing you with issues concerning your family.

There are many forms of family violence, which would form the basis for an application seeking a family violence restraint order against your partner. An application for family violence falls within the state Magistrates Court. If there is a ground for family violence, the Court will consider making orders preventing the person who is responsible for such violence from contacting you and from entering your home. Family violence orders can also include the children whereby contact by a perpetrator of family violence is prevented from seeing the children.

The consequences of seeking a family violence order must be well considered by you before taking that step.

You must also give consideration to what you believe the children’s involvement with the other partner should be and how that can be best achieved.

Consideration must be given to the division of the relationship assets and how they are to be divided to cater for the needs of yourself and your family.

Children’s and property issues will be dealt with in our following seminars.

If you require assistance to deal with any of the emotional, financial, and legal issues arising from a separation, then you must seek professional advice.

Where do we go from here?

Many couples who separate can agree on what they wish to happen in relation to a distribution of their assets and if there are children, the arrangements which they wish to make, and put in place for the children’s future.

When couples are in agreement, the options for formalizing the property settlement and arrangements for the children are:

Consent orders. Agreed Orders that can be made by the Court;

Parenting plan setting out agreed terms of child care;

financial agreement. Again, setting out terms agreed by the parties.

Negotiating an agreement.

Around the kitchen table.

In your negotiations with your partner in regard to property issues and children, it would be beneficial to seek legal advice from a solicitor who specializes in Family Law so that you are empowered and have knowledge of what is achievable in reaching a settlement. Once you are empowered with this knowledge, are you able to sit around the kitchen table and negotiate directly with your partner to resolve such issues?

If you can resolve such matters, then the agreement can be formalized in a manner which I have mentioned. Your legal adviser can assist you in drafting the necessary documents to formalize any agreement reached.

Collaborative practice.

Do you require assistance to negotiate these matters with your partner? If you have a fairly good relationship with your partner, then the most effective means of assisting you in such negotiations is a new form of family law practice, which is Collaborative Practice or Collaborative Law. For Collaborative Practice to be successful, the solicitors engaged must be trained in this form of dispute resolution, a different mindset to the normal practice of Family Law. The collaborative lawyers are trained to work together with both you and your partner to reach an amicable settlement that you can both live with and which best suits your needs.

Collaborative Practice is a popular dispute resolution method developed in the United States in the early 1990s. It gained rapid popularity in the United States, the United Kingdom, Europe, and Canada and is now a practice available to help people in Australia.

Benefits of collaborative practice.

You have the benefit of being advised and supported by a lawyer at all times.

The outcomes are generally faster than traditional negotiation methods and most certainly quicker than Court outcomes.

The outcomes are certain and long-lasting because they are owned by you and your partner, as you assisted in creating the outcomes.

The process promotes cooperation in the future, particularly when long-term investments are involved, and when in most cases you would have a close association in the children’s lives.

Negotiations are reached in a dignified and respectful way.

The outcomes are often tailor-made and more creative providing fairer settlements.

The collaborative practice may be suitable for you and your partner if both of you:

wish to spare your children from the emotional damage that litigation can cause;

accept personal responsibility moving forward to reach an agreement;

believe it is important to create healthier and more holistic solutions for your futures; and

understand and embrace the necessity to make full and frank disclosure about financial issues.

Even when there has been family violence in your relationship, the collaborative practice may still be available. Your collaborative lawyer will assist you to determine whether this practice is available in such circumstances and if it could still be effective. Collaborative Practice allows other collaborative trained professionals such as psychologists and financial advisers (accountants) to be involved in the process. Financial advisers can be engaged where financial assistance is required, not only to assess the assets and their values, especially when there are companies and trusts but also to advise if any of the resolutions reached are a viable resolution financially and if resolutions would be more tax-effective and more suitable.

The collaborative approach would enable you and your partner to resolve issues respectfully so that you can arrive at dignified solutions to your dispute with your partner and maintain a sound relationship with each other in the future, especially if long-term financial interests are involved and also to assist in your future involvement with your children. The practice emphasizes reaching an agreement rather than having to battle it out in Court. You and your partner and your lawyers will work together to share information in a series of meetings. They will be involved in the full process and none of the decisions will take place outside your full knowledge.

Collaborative practice is different from going to Court. It involves meetings between yourself, your partner, and involving your lawyers. Everyone works together towards a common goal resolving the dispute with emphasis on retaining your dignity and best interests.

You will have your collaborative lawyer advising and assisting you throughout your negotiations. The playing field will be more even between you and your partner because you and your partner will have your respective lawyers to support you as well as other professionals if necessary and with your consent.

If an agreement is reached in these collaborative meetings, then the agreement can be formalized in the manner I have described above.

What if a collaborative practice is not suitable for you? Are there other means available?

Mediation

Mediation is another form of alternative dispute negotiation which may be suitable for you. Again, it is a voluntary process. However, the Family Court may order mediation if you do instigate proceedings in the Court.

Normally, in mediation, you are represented by your own lawyers. The difficulty with mediation is that you will have one version of the dispute and your partner may have a different version to your own. The Mediator is only there to assist you in negotiation. The difficulty is in bringing together the two opposing views given to your respective lawyers. The mediator’s role is to assist with communication between yourself and your partner so that you may have open discussions in negotiating a settlement.

The mediator’s aim is to facilitate the open discussions and communications between you and your partner so that you can identify the issues of the dispute, generate options to address such issues, and hopefully to agree upon ways to resolve the issues and to reach a settlement.

The mediator’s role is essentially a neutral one. The mediator will not take sides. The mediator will work with both you and your partner to help you negotiate your own decisions together and will not represent either of you in Court before or after mediation.

Both Collaborative Practice and mediation can be dealt with quickly, and because of this, the costs are limited. If these forms of alternative dispute resolution are not successful or are unavailable or cannot be agreed upon, then the only solution is litigation in the Family Court.

Litigation in the Family Court

Most matters in the Family Court are dealt with in the Federal Circuit Court. This is part of the Family Court in Australia. The more difficult issues are dealt with by judges in the Family Court.

Proceedings in the Family Court should be avoided if at all possible. It is emotionally and financially draining being involved in such a process. It can take years for a matter to resolve in the Courts.

The Court can order reports which would involve the children also being interviewed by a report writer. If all else fails, this is the final process to help you to resolve the issues arising from a separation. If you are embarking on this process, it is very important that you seek legal advice.

Financial support

Financial support until financial issues and children’s issues are resolved. This would occur where a party has not had the financial control of the resources of the relationship, has not been in employment, and who has mainly been involved in the parenting and household roles and may not have the financial means to support himself or herself if a separation should occur.

Spousal maintenance

A party can apply for spousal maintenance in the Court seeking financial support until all issues in the Court have been resolved. A spousal maintenance application can be made in its own right. It is not necessary to seek other financial relief from the other party.

The Courts consider the income levels of both parties and the expenditure of each party for their day-to-day living and other expenses. If a person does not have the income to meet his or her day-to-day living expenses or reasonable expenses, then that party has a need. If the other party has an income greater than his or her day-to-day living expenses or other expenses, then that party has the capacity to assist the other party financially until matters are resolved. In such circumstances, the Court can order the party with the financial capacity to pay spousal maintenance to the other party. Normally spousal maintenance ceases when financial issues have been resolved.

Child maintenance

A party who has the care of the children can apply to the Child Support Agency for child support for the children. An application is made to the Agency and considered by the Registrar of that Agency. The child support payable is based on a formula that depends on the incomes of the parties and the care of the children. The Child Support Agency will determine the amount of child support payable, which is normally then deducted from income earned by the other party in his or her employment. On the website of the Child Support Agency, there is a calculator that sets out the formula and allows a calculation of child support payable.

[tsgcincinnati]

MEMBER SPOTLIGHT: George Zamary of Zamary Law Office

We had a lot of fun sitting down with the oh-so-smart George Zamary of Zamary Law Firm, in Columbia Tusculum and thought we’d share some of our chat with you. George’s law practice is rooted in his passion for getting to know his clients, developing trusting relationships with them and helping them with all things “legal”. (Full disclosure here: I actually knew George before buying The Scout Guide Cincinnati, and he advised me a bit on the business; in addition, 2 other TSG members recommended I work with George for his legal counsel.) He’s such a down-to-earth guy who really wants to know how to best help you and doesn’t get caught up in a bunch of legal jargon that is known to scare many off. This is one of the main reasons why we scouted him out, but also why we recommend him so highly – he’s not your cookie cutter lawyer!

George Zamary at Zamary Law Firm. Photo: Amy Elisabeth Photography.

McKenna (MLB): What led you to leave the world of big law firms, and start your own firm? George (GZ): Most big law firms run things with focus on running the business and focus on the billable hour and they build big, fancy documents for clients. While there are many educated and talented people at big firms, I found that I had a passion for building a relationship with clients and being very practical about all legal matters with them. I love helping clients to retain the values and principles set by past generations in their family, in addition to being able to meet their current needs (and stay current).

MLB: What are your specialties? GZ: You could call me an “old school general practitioner” if you’d like, but I like to focus on estate planning, family matters and avoiding going to court! Court can be expensive, stressful and all-encompassing and I’ve learned that working to avoid going is a great strategy for me and my clients.

MLB: Who is the one person you admire most in your field right now? GZ: Frank Ray in Columbus, Ohio, was the one of the first attorneys I worked for as a law clerk.  He was a great mentor and one of the finest lawyers I have ever known.

MLB: What is the biggest lesson you have learned in your career? GZ: Patience.  At the beginning of my career when I was engaged in mostly litigation cases, my inclination was to be more combative.  As my practice has grown and spread into other areas, I have learned the value of taking time to thoroughly research an issue and present a balanced evaluation.  

Essentially, I recognize the value of good counseling rather than just trying to push a matter to trial to increase billable hours.  I try to allow my clients to avoid litigation through my experience.  However, I am willing to go to court on behalf of my clients when it is appropriate.  

MLB: What is some of the best advice you’ve ever received? GZ: Always be a zealous advocate for your clients.  “Tell me and I forget. Teach me and I remember. Involve me and I learn.” - Benjamin Franklin

MLB: Can you tell us some trends or things going on that we should be aware of? GZ: The law at national, state and local levels is constantly changing by legislatures or interpretation by the courts.  It is important for attorneys to keep up on all the issues so that we can proactively advise our clients on any new developments.  For instance, the changes in the tax laws in how they are affecting non-profits, charitable contributions and estate planning is something that is going to have far reaching implications.

MLB: What advice do you give to all clients (legal or not)? GZ: If possible, build a relationship with an attorney BEFORE you need his or her services.  Being proactive in the legal elements of your life or business can save heartache, stress and money down the road.  Often a new client comes in with a situation which could have been avoided if they would have sought legal assistance rather than hoping the problem would just go away.  

At the Zamary Law Firm we seek to build long-term relationships with our clients so that we can provide high quality, personalized legal services.

MLB: Outside of work, tell us a bit more about yourself. What is your favorite travel destination at the moment? GZ: Since I have two young daughters, we love spending time with them in Orlando.  Whether it be Disney or Universal Studios, it is fun to see it through their experience.  (I also wouldn’t rule out any trip or cruise that is just me and my wife!)  

MLB: How do you unwind at the end of the day? GZ: I love spending quality time with my family.  We watch cooking shows and then try to replicate recipes.  We also have fun together assembling puzzles and reading books.  Currently we are reading the Harry Potter series, hence a potential trip to the Wizarding World of Harry Potter at Universal Orlando is in our very near future.

You can connect with George by emailing him gzamary@zamarylaw.com or calling the office 513.448.4150. Tell him Scout Sent you!