Know The Law: Family and Domestic Matters

A family and domestic matter is one that involves your spouse or children. These matters are very delicate since there are a lot of emotions and high stress situations involved. However, it is important to focus on getting a good attorney to represent you during this challenging time so that you are given the best chance possible to fight for your right and get what you deserve.

Understanding Family Matters

If you are still confused about whether your problem falls under this category, here are a few examples that come under this particular legal category.

Divorce, child custody, visitation rights and schedules, alimony, property division, any orders given against any form of domestic violence, prenuptial and postnuptial agreements, adoption and any plea for modification of custody or visitation rights are just some of the many examples in this category.

Very often, if you are the respondent or defendant in any of these cases, you may be forced to accept a deal which is not suitable for you just because you haven’t put together a good enough defense.

High Risk and Asset Matters

Even though all family related issues are very stressful, those dealing with infidelity, child abuse and property can be even more taxing. In these cases, you may have to employ investigators in order to get all the necessary details needed. In some other issues, psychologists or other medical professionals may also be needed in order to collect samples that will help build your defense. Through a good attorney, you will be able to find experts in these fields who know how to go about these situations in the proper manner and give you the best reports or evaluations necessary which can then be presented in court.

Legal Help for Family Matters

If you are stuck in the middle of the case that involves your family, it is essential to be represented by a good legal attorney so that you can get a good deal. So many people end up losing money, visitation rights or custody of their kids simply because they could not present their case properly before a court.

A good family law attorney will listen to your story completely, gather all the evidence and documents that are needed, explain your situation to you properly and tell you all the options that you have. Once this is done, a case will be put together to show that you are right in the matter that is under question. If you are guilty of committing any offence against your family, you will need to fight in order to limit your liability as much as possible.

The Law Office of Phillip Averbuck is a well-known criminal defense attorney office who also deals with family law cases and DUI issues. This lawyer office believes in fighting for clients who have been accused of any wrong doing. Through an intensive amount of research and preparation, he will fight for every client to get them the best possible deal. Also check out our new page on Family and Domestic Matters.

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Family Law Explained

Family law is the branch of law which deals with all maters related to family unit and other domestic relations such as surrogacy and adoption, domestic partnerships, civil unions, marriage, divorce, child abduction, child abuse matters, child neglect, child maintenance, child adoption, paternity cases, child visitation rights, child custody, alimony, division of family property, etc.

All courts in the world have reported increase in family law as parties divorce, adopt children, contest paternity suits, etc.

According to family law lawyers, this branch of law is different from the other branches because it touches on sensitive private matters. Sometimes, the family lawyers act as counselors, mediators, conciliators, negotiators, etc. The courts that adjudicate on family law matters sometimes also act mediators as they try to reconcile members of the same family to solve their issues is amicably so as to preserve their relationship.

The substance of this type of law varies from one jurisdiction to the other because the principles that underpin it are largely borrowed from the society. For example, in societies where same sex relationships are not accepted, this kind of law requires that such union cannot be recognized as marriage in courts of law.

Like all the other branches of law, family law has undergone many transformations in an attempt to address the mediate issues in families. For instance, most societies have attempted to legalize ‘come we stay’ relationships if the parties involved live together for certain period of time.

One if the most popular modern trends in family law is the collaborative law which refers to structured process which provides parties seeking divorces or parties involved in other disputes an alternative names of resolving their dispute rather than a going through the costly, lengthy litigation process in courts. Collaborative law allows the parties to marriage or proposed civil union to take the control of their destiny by hiring family lawyers committed to the process of resolving disputes in family and relationships within family setting amicably through discussions and negotiations without the courts being involved.

The reason why modern family law discourages the parties from going to court is that courts decision have win-lose outlook. The court litigation is also complex, and as is the case with all matters of law is costly and may take long time to solve the matters.

In collaborative family law, disputes between family members can be settled amicably so as to ensure that their relationship as family is preserved. The collaborative family lawyers agree that they will not represent their respective parties in court litigation if either party decides to go to court. In the jurisdictions where is has been applied, collaborative family law has achieved good results in the amicable solution of family disputes. In some instances, it has successfully reconciled parties who would otherwise have divorced had the matter been decided by the courts.

Collaborative family law is not only advantageous in holding together families but also less stressful for the family lawyers. It ensures speedy, amicable resolution of disputes within the family.

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Who Else Wants To Know the Basics Of Family Law?

To those unsure of what family law is, what it covers, what it provides and what it necessarily includes by definition, it is that branch or specialty of law that deals with family related issues and domestic controversies like marriage, divorce, domestic partnership, property arrangements, civil unions, adoption, child care, support and custody, marital rights and prerogatives and all other incidental issue that may originate from the family as a whole.

The practice of family law is conducted inside family courts established by state and federal laws. In family law, a lawyer becomes more than just a professional that provides legal assistance, he assumes the position of a marital or family counselor who identifies the issues that needs discussion and resolution and advises what immediate recourse is needed to lessen the impact of the controversies to the family as a whole.

A family lawyer is tasked to assess the legal extent of every right, eliminate overlaps in the functions of family members and advice against unnecessary litigation where reconciliation is possible.

Family law generally covers issues on divorce litigation, from property arrangements to getting to the very root of who caused the marriage to split apart. It greatly covers child care and support; in full length it protects the rights of the child and their adoption, also, legitimation or paternity determination.

Among spousal conflicts, it defines the support needed to be sustained, the rights to be observed, the obligations to be fulfilled and the courtesy to be extended.

As to property issues that may arise from other marital or family conflict, it covers extensively the division of assets and liabilities, the protection and delivery of legitimate to successors or rightful legatees and devises.

It is also the avenue to bring cases for neglect and abuse both for maternal or paternal authority, where the possibility of termination of parental rights may be adjudged against the neglectful or abusive parent or spouse.

All other issues that are not clearly identified to be under family law, but directly affect or is affected by family relations may be litigated.

What is family law really concerned about? In Family law can you see that the right of every member of the family are identified.

The marital obligations between husband and wives, the responsibilities that comes with domestic partnerships and other civil unions are embodied in principles of the law.

The rights protected between spouses and partners do not distinguish between gender, status, race or denomination. The rights of the children legitimate and illegitimate as well s the extent of the adopted rights are covered under this category of law.

Rights between and among family members either by descendant to ascendant or vice versa, between collateral bloodlines are fully discussed and given priority and attention in this field of law.

Family law is a special field in the practice of law that requires knowledge and expertise in law and psychological tendency to build a profile for each family member without compromising the need of one after the other unless between opposing parties.

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Indian Laws: An Introduction

The system of laws operating in India is known as Indian laws. The provisions of Indian laws are largely influenced by the ancient texts, the Arthashastra (400BC) and the Manusmriti (100AD). Certain provisions are also drawn from the English common code and the laws of western countries.

An important source of Indian laws is the Indian Constitution and rules issued by the legislative bodies. The Indian President and State Governors also posses powers to issue ordinance. Verdicts passed by the Supreme Court, High Courts and Specialized Tribunals also form an important source of Indian legislation. Certain international trade laws, such as the laws on intellectual property, are applicable in India.

Key Branches of Indian Laws

The complex system of Indian laws is aimed at assuring justice and equality to all Indian citizens. They also intend to promote a democratic and liberal society in India. Main branches of Indian legislation include:

Administrative Laws

Administrative laws form an integral part of the public legislation. It regulates the working of government agencies involved in the decision-making process and administrative activities, such as formulation and enforcement of rules and regulations. These government agencies include commissions, boards and tribunals.

Family Laws

Family laws are a branch of Indian laws that are applicable on a person by virtue of his religion. The three main branches of family laws are Hindu laws, Christian laws and Muslim laws. Family laws govern litigation related to personal matters, such as marriage, divorce, guardianship, adoption and inheritance.

Criminal Laws

Criminal laws in India define types of criminal offences and punishments for committing those offences. An important legislation governing criminal offences in India is the Indian Penal Code (IPC). It applies to the whole of India, including the State of Jammu and Kashmir.

Civil Laws

The primary aim of Civil laws in India is to deal with non-criminal disputes, such as the formation and breach of contracts, ownership of property and issues of child custody. The Indian statute that governs the procedure for registering civil cases, the legal rights of defendants and plaintiffs, Court fees and the working of Civil Courts is called the Civil Procedure Code (CPC).

The author, Swapna, is a crazy, fun-loving, intense, moody and liberal thinking Indian mom. She loves writing about books, wines, food, movies, musings on news around the world, and Indian Laws. She has practiced law for three years in litigation in Kerala. She also functioned as Commissioner appointed by the Rent Control court to undertake a site investigation on behalf of the court and submitted the report before the aforementioned court. Suggesting LawIsGreek for more information on Indian Rules

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How To Win Your Private Law Family Court Case

he key thing to think about when you are going to court in relation to your child is to focus your thoughts and attention on what is in your child’s best interests.

So many parents take their eye off the ball and allow themselves to be wound up and irritated by their ex partner, to the point that stop thinking consistently about their child.

We are all human and easily distracted when our love life and our children’s lives are placed in a state of turmoil.

When your emotions are still raw it takes very little to hijack our focus and disturb our equilibrium.

Sometimes just seeing your ex partner can trigger off a whole load of toxic feelings imbued with such intense emotions that you remain in battle mode for weeks or months.

Very frequently what recently separated couples demonstrate is a marked proclivity to blame the other parent for all the things that have and are going wrong currently.

Blaming your ex for your current position however is an unhelpful exercise that rarely if ever brings about useful change.

What it is harder to do but absolutely vital to your court success and even more importantly your mental well being; is to begin to accept your responsibility in what lead to the relationship breakdown and what you can now do to make your child/ren’s lives better.

You need to let go of blaming altogether and devote your attention to how you can help your child deal with the distress they are probably feeling.

If you show the court and the Cafcass Officer that you are totally focussed on what is in your child’s best interests; irrespective of your views about your ex partner, you are far more likely to receive a positive assessment and consequently far more likely to win your case.

I would say that what’s vital is that you show congruency throughout, such that you demonstrate a consistent picture via your behaviour at court, whilst writing your statement and during any interviews with the Cafcass Officer.

Your presentation both physically and personally is also essential here.

Do not for example make the Cafcass Officers life more difficult than it needs to be.

You may not realise it but it is a very difficult job; it will not harm your chances of success to smile and be personable.

In addition, it’s a good idea when being interviewed by the Cafcass Officer to ask questions about anything you are unsure about that exemplify your capacity to keep your child’s interests at the forefront of your mind.

If you refrain from putting your ex down and consistently think and act congruently concerning meeting your child’s needs, you will give yourself the best possible chance of being successful at court, providing of course that your proposals are clearly in their best interests and you are not seen as posing any harm to your child.

Michael Dwight Watson

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