#FamilyCourt

[pattyspatio]

Fostercare children are overmedicated.

Over 300,000 children were prescribed medications with doses higher than what is recommended for an adult. Over 300,000 children were prescribed medications with doses higher than what is recommended for an adult. Legislation was made a few years ago so that pediatricians can address mental health conditions in children, but are they actually qualified to make the diagnoses and help the child…

[seemabhatnagar]

Law relating to transfer of Matrimonial dispute filed in different districts, same State

Rajam Babu v. Babu KK

Transfer Appeal (C) NO. 3 / 2023

Before High Court of Kerala at Ernakulam

Appeal allowed on 21.06.2023

By Hon’ble Mr. Justice Anil K Narendran J & Hon’ble Mr. Justice P G Ajithkumar J

Order:

Writ appeal of wife was allowed in view of Section 21A of the Hindu Marriage Act 1955 providing transfer of connected matters to the place where the petition was firstly filed and also to avoid conflicting decision in connected matters.

Background

Appellant wife aged 69 years initially filed Transfer Petition seeking transfer of divorce petition, filed by the husband aged 72 years, at Ernakulam Family Court to the Thrissur Family Court where she had filed petition for Restitution of Conjugal Rights. Both the petitions were filed under Hindu Marriage Act 1955.

The transfer petition was dismissed by Single Judge of the Kerala High Court as no special reason was cited by the appellant except old age which happened to be the fact for the respondent husband also.

Aggrieved by the dismissal of her transfer petition appellant wife filed Writ Appeal before the Division Bench of the Kerala High Court.

Contention of the Appellant was that it would be convenient for her at Thrissur and prayed for trial of both the cases together.

Hon’ble Apex Court in the case of Guda Vijayalakshmi v. Guda Ramchandra Sekhara Sastry held that ordinarily a petition for divorce and a petition for restitution of conjugal rights between the same parties shall be heard and decided together in order to avoid conflicting decisions. A joint trial of two cases is possible only if both cases are in one court.

Technical point on the point of transfer of petition:

Section 21A(2) of Hindu Marriage Act 1955

“if the petitions are presented to different district courts, the petition presented later shall be transferred to the district court in which the earlier petition was presented and both the petitions shall be heard and disposed of together by the district court in which the earlier petition was presented.”

Observation of Court

In the present matter husband filed divorce petition later and wife filed Restitution of Conjugal rights before.

Decision:

Wherefore the Hon’ble Court allowed the Writ Appeal and transfer of the Divorce petition at Family Court Thrissur.

Seema Bhatnagar

[colesorrentinohurleyhewner]

How to Enforce a Family Court Order in New York State

If you are dealing with a situation where a Family Court order in New York State is not being followed, you are likely feeling frustrated, confused, and overwhelmed. The emotions you may be experiencing are perfectly normal, as it can be a difficult and stressful time when the legal system is not being respected. At times like these, it’s important to know that you are not alone. If you need help understanding your legal rights or taking action to enforce a Family Court order, this guide will provide you with the information you need. Our firm is here to offer you support and guidance through the process, ensuring that you get the results you deserve.

Understanding Family Court Orders

A Family Court order is a legal decision made by a judge that must be followed by the individuals involved in the case. These orders can cover a wide range of issues, including child custody, child support, spousal support, visitation, and more. When someone does not comply with a Family Court order, it can feel like you have no recourse. However, New York law provides mechanisms to help enforce these orders, ensuring that they are respected and followed.

When Enforcement Becomes Necessary

Sometimes, despite the judge's decision, a person may refuse to comply with the terms of the Family Court order. In these situations, enforcement becomes necessary. You may find yourself facing a situation where the other party is not paying child support, refusing to allow visitation, or not following the custody arrangement. These types of noncompliance can be frustrating, but it’s important to know that there are legal avenues you can take to enforce the court’s decision.

The first step is to recognize that you are within your rights to seek enforcement of a Family Court order. The law recognizes the importance of these orders and has built-in measures to ensure they are followed. It is your right to go back to court to make sure that the orders are respected.

The Legal Process for Enforcing a Family Court Order

Enforcing a Family Court order requires a formal process, and it's essential to take the right steps to ensure that the court takes your concerns seriously. The first step in enforcing a Family Court order is to file a petition with the court. This petition is a formal request asking the court to enforce the order. Depending on the circumstances, this may involve requesting that the court hold the other party in contempt of court for failing to comply with the order.

If the court finds that the other party has indeed violated the Family Court order, it can impose various penalties. These penalties may include fines, jail time, or other measures designed to compel compliance. However, before reaching that point, the court will often give the person in violation a chance to correct the situation. The goal of the court is always to ensure that the orders are followed and that the best interests of the individuals involved, particularly children, are protected.

Common Issues with Family Court Orders and Their Enforcement

Family Court orders can involve a wide variety of issues, and enforcement challenges vary depending on the specific circumstances. One of the most common issues is non-payment of child support. If the other parent is not paying child support as ordered by the court, you can file a petition for enforcement, and the court can take steps to ensure payment is made. This might include garnishing wages, seizing assets, or other actions to compel payment.

Another common issue involves custody and visitation violations. If the other party is refusing to allow you to exercise your visitation rights or is withholding the children in violation of a custody order, you can seek enforcement from the court. The court can take steps to ensure that the visitation arrangement is followed, and in some cases, may require supervised visits if it’s deemed necessary for the safety and well-being of the children involved.

What Happens After You File for Enforcement

Once you have filed a petition for enforcement, the court will schedule a hearing where both parties will have the opportunity to present their case. It is important to gather evidence of the other party’s noncompliance. This may include copies of communication, financial records, or any other documentation that can support your claim. Having strong evidence will help your case and increase your chances of a successful outcome.

At the hearing, the judge will review the evidence and determine whether the other party has violated the Family Court order. If the judge finds that the order has been violated, they can take action to enforce the order. The specific penalties will depend on the nature of the violation and the circumstances surrounding the case.

Why You Need an Attorney to Enforce a Family Court Order

Enforcing a Family Court order can be a complicated and emotional process. It can involve navigating legal procedures, gathering evidence, and presenting your case in court. For these reasons, it is highly recommended that you work with an attorney who understands the complexities of Family Court enforcement.

An experienced attorney will help you through the process by guiding you in filing the right paperwork, gathering the necessary evidence, and presenting your case in the most effective way possible. An attorney will also advocate on your behalf, ensuring that your rights are protected and that you get the result you deserve.

If you are facing challenges with enforcing a Family Court order, our team is here to help. We understand how important it is for you to have a fair and just resolution to your case, and we are committed to supporting you through every step of the enforcement process. Our experienced attorneys will provide you with clear advice and work diligently to help you achieve the best possible outcome.

We know that dealing with Family Court orders can be a stressful experience. That’s why we take the time to listen to your concerns and offer solutions that are tailored to your situation. Whether you are dealing with child support, custody, visitation, or other Family Court issues, our firm is prepared to guide you through the legal process and fight for your rights.

If you need help enforcing a Family Court order in New York State, don’t hesitate to reach out. Our team at Cole, Sorrentino, Hurley, Hewner & Gambino, P.C. is here to provide the legal support you need to get the results you deserve. Contact us today for a consultation and let us help you take the next steps in your case.

[freemanlawmontclair]

Navigating Child Custody Laws in New Jersey A Guide for Parents

Facing a child custody case can be one of the most difficult and emotional experiences a parent can go through. Whether you're going through a divorce or a separation, your primary concern is likely your child's well-being and future. You may be feeling confused or overwhelmed, not knowing where to turn or how the process will unfold. If you're facing a child custody battle in New Jersey, you are not alone. Our team is here to guide you through the process and help you get the best possible outcome for your family.

Child custody laws in New Jersey are designed to focus on what is best for the child, but the journey can still be complicated and full of uncertainties. Understanding how the law works and what to expect can ease some of that confusion. In this guide, we will walk you through the essential aspects of child custody laws in New Jersey, and explain how we can support you every step of the way.

Understanding Child Custody in New Jersey

In New Jersey, child custody is divided into two primary categories: legal custody and physical custody. Legal custody refers to the right to make decisions for the child, including decisions about education, healthcare, and religious upbringing. Physical custody refers to where the child lives on a daily basis.

In most cases, the court will prefer to award joint legal custody to both parents. This means that both parents will share the responsibility of making important decisions about their child's life. However, when it comes to physical custody, the court will look at the specific circumstances of the case to determine what is best for the child.

The goal of New Jersey's child custody laws is to ensure that both parents are involved in their child's life, but the court's primary concern is always the child's welfare. The court will consider many factors when deciding on custody arrangements, including the child's relationship with each parent, the child's age, and the ability of each parent to provide for the child's physical and emotional needs.

How Courts Determine Custody Arrangements

In New Jersey, when determining custody arrangements, the court uses what is known as the "best interests of the child" standard. This means that the court will make a decision based on what is in the best interest of the child, taking into account various factors.

The court will consider each parent's ability to care for the child and provide a stable environment. The child's relationship with each parent is also a major factor. For example, the court will look at how each parent interacts with the child, how much time the child spends with each parent, and how the parents handle conflict.

In addition, the court will assess the child's safety and well-being. If one parent has a history of abuse, substance abuse, or any other behavior that could harm the child, this will be taken into account when making custody decisions.

The court also considers the child's preference, depending on their age and maturity. A child who is old enough to express a preference may have a say in which parent they want to live with. However, the court will weigh this against the child's best interests, and the child’s preference may not be the deciding factor in all cases.

Visitation Rights in New Jersey

Visitation, or parenting time, refers to the time the non-custodial parent spends with the child. In most cases, the court will order a visitation schedule that allows both parents to have meaningful time with their child. The goal is to ensure that the child maintains a healthy relationship with both parents, even if they don't live together.

The court will create a visitation schedule based on the child's age, the parents' schedules, and any other relevant factors. In some cases, the court may order supervised visitation if there are concerns about the child's safety or well-being.

If the parents cannot agree on a visitation schedule, the court will make the decision based on what is in the best interest of the child. If a parent fails to comply with the court's visitation order, the other parent can request enforcement through the court.

Modifying Custody and Visitation Orders

Custody and visitation orders are not set in stone. In some cases, either parent may request a modification to the custody arrangement if there has been a significant change in circumstances. For example, if one parent moves far away, is unable to care for the child, or has experienced a change in their ability to provide a stable home, a modification may be necessary. To modify a custody or visitation order, the parent must file a motion with the court. The court will then evaluate the request and determine whether the change is in the best interest of the child.

Handling Disputes and Reaching an Agreement

While some custody cases are resolved through negotiation or mediation, others may require a trial to determine the best custody arrangement. Mediation is often a preferred option in New Jersey, as it allows both parents to discuss their concerns and work together toward an agreement that serves the best interests of the child. Mediation is less adversarial than a trial and can be less stressful for everyone involved. However, if mediation does not lead to a satisfactory resolution, the court will make the final decision.

In cases where parents cannot agree on custody or visitation arrangements, the court will take a more hands-on approach. During the trial, each parent will have the opportunity to present evidence, call witnesses, and testify regarding their ability to care for the child. The judge will then consider all the factors and make a ruling based on what they believe is in the child’s best interest.

Dealing with Parental Conflict and Communication

One of the most challenging aspects of child custody cases is dealing with the ongoing communication and relationship between parents. High-conflict cases, where parents struggle to cooperate, can make it difficult to find common ground for the child's well-being. New Jersey courts recognize the importance of healthy co-parenting and communication, which is why they encourage parents to work together in the child's best interest, even after a custody arrangement has been made.

In situations where parents cannot communicate effectively, the court may implement measures to facilitate cooperation, such as requiring the use of a co-parenting counselor or setting clear guidelines for communication. The court will also look at how well each parent supports the child's relationship with the other parent. A parent who tries to undermine the child's relationship with the other parent could harm their chances of securing a favorable custody arrangement.

The Importance of a Strong Legal Representation

Navigating child custody laws in New Jersey can be a complex and emotional journey. You may find yourself facing difficult decisions about your child's future, and the outcome of your case will have a lasting impact on your life and your child's life. Having a skilled and empathetic attorney by your side can make a significant difference in the outcome of your case.

At Freeman Law Center, we understand the challenges you are facing. Our team is here to provide the guidance and support you need throughout the process. We will work with you to develop a strategy that aligns with your goals and ensures that your child’s well-being remains the top priority. We are committed to advocating for your rights as a parent and ensuring that you get the best possible result in your case.

If you are facing a child custody case in New Jersey, don't navigate it alone. Contact Freeman Law Center today to schedule a consultation and learn more about how we can help. We are here to help you every step of the way.

[govanguy]

@GerryHannah

False evidence used against you in Family Courts 

[soolegal]

Usually, the decisions are taken by the judge or the mediator.

⚖️ 𝐋𝐞𝐠𝐚𝐥 𝐠𝐮𝐢𝐝𝐚𝐧𝐜𝐞 𝐚𝐭 𝐲𝐨𝐮𝐫 𝐟𝐢𝐧𝐠𝐞𝐫𝐭𝐢𝐩𝐬!

For more info : 📞 +91 98109 29455

[advoacte-vishal-bhambri]

Divorce Services Offered : Property Division

Dividing marital assets can be complex, especially when emotions run high during a divorce. Advocate Vishal Bhambri will carefully assess the assets and liabilities involved and negotiate fai settlements for property division. His goal is to protect your financial interests while ensuring a fair distribution of assets.

[evedawbin]

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[eulasanford-blog]

⚖️Discover unparalleled expertise in family law matters on the Gold Coast with The Aylward Game Law Team.

⚖︎ Renowned for compassionate handling of divorce, child custody disputes, and property settlements. Their extensive experience, positive client reviews, and local legal knowledge set them apart. Trust them for dedicated and influential representation in all areas of family law. Your journey to resolution starts here. 💼

🕵🏼‍♂️ Know more about us at: https://familylaw.aylwardgame.com.au/choosing-the-right-family-lawyer-in-gold-coast/

[btofamilylawuk]

The Importance of Legal Representation: Child Custody Lawyers in Glasgow

In the realm of child custody disputes, the importance of legal representation cannot be overstated. Child Custody Lawyers in Glasgow serve as advocates, negotiators, and legal experts, guiding parents through the complexities of family law. Their role is not just to win cases but to ensure that the welfare of the child remains the focal point of legal proceedings. For any parent facing a child custody battle in Glasgow, seeking the expertise of a qualified Child Custody Lawyer is a crucial step toward a fair and just resolution.

[pattyspatio]

RICO complaint in Connecticut names over 300 judges and other entities.

A RICO lawsuit was filed in the US District Court for the District of Connecticut against over 300 judges, lawyers, entities, and institutions. Theodora Antar, who is a mother and in her second year of law at the University of Connecticut School of Law has filed a RICO complaint. Antar alleges the misuse of federal funds, alleging that Connecticut has misappropriated billions of dollars…

[seemabhatnagar]

‘The mother is weightier than the earth; the father is higher than the heaven’

Manoj Kumar v. State of Jharkhand and another

Crl. Rev. 535/2023

Before High Court of Jharkhand at Ranchi

The Hon’ble Mr. Justice Subhash Chand J upheld the order of Family Cort affirming the order of maintenance amounting to Rs. 3000/- pm to be paid by the younger son & present revisionist to the father.

Background

This is a Criminal Revision preferred against the order dated 15.03.2023 passed by the learned Principal Judge, Family Court, Koderma in Maintenance Case whereby the Court below has allowed the application under Section 125 of the Code of Criminal Procedure directing the petitioner to pay the maintenance amount of Rs.3000/- to the Opposite Party father & dismissed he Criminal Eevidion

Facts

This is a case where an father(Deoki Sao-OP) filed a case before Family Court claiming maintenance @ of Rs. 10,000/- from his younger son.

Deoki Sao has two sons Elder one Pradip Kumar & Younger one Manoj Kumar.

Deoki Sao divided his agricultural land equally amongst his two sons.

He is living with his Elder son who is maintaining him.

Younger son is neglecting him.

He has no source of Income as he has divided equally his agricultural land to his son.

He earns Rs.50K from grocery shop and Rs. 2 lakhs from agricultural land.

As such he is claiming Rs.10K from his younger son as maintenance.

Submission of the Petitioner son Manoj Kumar

Father is habitual litigant.

His father was going to sell his ancestral property which he opposed as such he became annoyed and wants to teach him a lesson so filed maintenance petition.

Wherefore Maintenance application be dismissed.

Koderma Family Court Order

After hearing the parties the Family Court allowed the petition on 15.03.2023 of maintenance fixing Rs.3000/- pm as maintenance to the father Deoki Sao from  the date of application i.e. 15.02.2022.

Issues before the HC

Whether the finding recorded by the learned Court below on the point of determination whether the father is unable to maintain himself and the son has been neglecting to maintain his father is based on proper appreciation of evidence?

Whether the quantum of the maintenance is itself proportionate in view of the income and liability of the son, the petitioner herein?

Observation of the Court

Neither the son Manoj Kumar nor his witnesses ever said that Manoj Sao has been maintaining his father rather it is admitted by all the witnesses that Manoj Sao as well as his father has given two acres land to him, in which, he cultivates.

The house, which fell in his share and in which, Manoj Sao resides, admittedly, as per the statement of Manoj Sao, the same was built by his father comprising therein 12 room, in which, he resides and has been running shop of grocery.

The father has given the share in whole property to his younger son equally but he has not been maintained by his younger son for more than 15 years.

Even if for the sake of argument, the father earns something; it is pious duty of a son to maintain his old aged father.

Issue No.1 is decided in favor of the father.

From all the sources tentatively, it can be assessed Rs.30,000/- per month and out of the same, the trial Court has directed only 1/10th portion i.e. Rs.3,000/- per month payable to the father, who has given birth to his son and brought up him and has also given the house, which he has built comprising therein 12 rooms, two acres of agricultural land.

The maintenance amount of Rs.3000/- cannot be said to be disproportionate.

Issue No.2 is decided in favor of the father.

[kapadiaau]

Dandenong Family Court | Kapadia Legal

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[govanguy]

Who can they trust or believe? 

[orangebake1]

AWARENESS!!!!!!!!!!!!!!!!!!

Demand Social Work England To Investigate Social Worker Samantha Gibson!!!! Sign, Share, and Chip-in!!!!!!!!!!!!

This child, Isimioluwa Ekerendu was taken into care unlawfully by Social Services on the 30th of October 2020. Samantha Gibson told lies to the court saying that her daughter has a squint. 3 days later after she was taken, she went for an eye test at Boots Opticians. Boots Opticians then informed Samantha that the child does NOT have a squint. But instead of sending her back to her mother, Samantha Gibson in 2021 went and forged an eye test from Specsavers to go and obtain a full care order in June. This is a criminal offense that should not be excused. For over three years, this child has been isolated, lonely, distressed and falsely imprisoned. In the foster carer's house, she was placed under lock and key. She could not leave her house on her own or even go out to stand outside the door to get fresh air. As a result of this illegality from Samantha Gibson, this child has been incarcerated for more than 3 years with no access to family or friends. She has not had any education, they have just continued to HANG onto her for no reason whatsoever. The guardians, lawyers, the police and the court of appeal are absolutely no help at all.

This is an underground evil practice that has been going on in the UK for years. This cannot continue. Families are being broken up by social services and they are being made to keep quiet and not say anything about it or else face prison. They constantly patronize families and deceive everybody who hears about social services into thinking that they are good. Such horrible misconduct must be exposed and brought out into the light. Everybody! Please sign and share this petition!!! Please also chip in so that Social Work England can step in and investigate this social worker and find her guilty.

If you want to read more about what this child has suffered in care, please read this Wattpad story which is real life and non-fiction: Demand Investigation For Social Worker Samantha Gibson.

Thank you.

[soolegal]

It proceeds similarly to any other civil matter in that there is a petition, a reply, a cross-examination of the evidence, and concluding arguments.

⚖️ 𝐋𝐞𝐠𝐚𝐥 𝐠𝐮𝐢𝐝𝐚𝐧𝐜𝐞 𝐚𝐭 𝐲𝐨𝐮𝐫 𝐟𝐢𝐧𝐠𝐞𝐫𝐭𝐢𝐩𝐬!

For more info : 📞 +91 98109 29455