Saturday, December 29, 2012

2013 Dates - Better Parenting Better Divorce Classes







Series 1: January 15, 22, 29, February 5, 12, 19
Series 2: March 11, 18, 25, April 1, 8, 15
Series 3 May 7, 14, 21, 28, June 4, 11
Series 4: July 8, 15, 22,29, August 5, 12
Series 5: September 10, 17, 24, October 1, 8, 15
Series 6: October 29, November 5, 12, 19, 26, December 3 

Friday, December 28, 2012

Marriage Rules

When driving, I enjoy listening to what use to be books on tape and now is books on CD’s.  I actually listened to all of Moby Dick but usually listen to fiction and mysteries in particular.  I read nonfiction. It was not unheard for me to sit in a parked car so I could hear the end of a book! Occasionally, I listen to something else.  In particular, I like to listen to books which will make me a better mediator. Recently, I listened to “Marriage Rules: A Manual for the Married and the Coupled Up” by Harriet Lerner, Ph.D.   She is a scholar on the psychology of women and family relationships.  In Marriage Rules gives us just over 100 rules that cover all the hot spots in long-term relationships. Marriage Rules offers new solutions to age-old problems ("He won't talk"/"She doesn't want sex") as well as modern ones (your partner's relationship to technology.) She also suggests how to:
• Calm things down and warm them up• Talk straight and fight fair• Listen well as a spiritual practice• Connect with a distant partner• Survive the unique challenges of children, stepchildren and difficult- laws• Follow a 12-step program to overcome defensiveness• Know how and when to draw the line• Take back your marriage when things fall apart
Marriage Rules suggested many ideas which will help me when mediating and in particular help resolve impasses.
As always, you can post any comment about this blog or Divorce Mediation, or just Mediation by following the directions at the right in the green column or at the bottom of this website. Learn more about mediation at http://www.center-divorce-mediation.com/CDM (264) 12/28/12
 
 

Mother and Daughter Reunited after 3 Years

Atiya Anjum Wilkinson has been found safe and well in Pakistan and is expected back in the UK later today. Atiya was taken to Pakistan by her father in 2009 having told Atiya’s mother, Ms Wilkinson, that he was taking their daughter to Southport for the day. He later sent a text to say she would never see her daughter again and it has taken three years to track her down.

Atiya’s father returned to the UK and is currently serving a prison sentence for being in contempt of court by refusing to reveal the whereabouts of his daughter. Atiya’s father, Mr Anjum, is still serving his fourth jail term, handed down in April 2012 by Mr Justice Moor, for a period of 12 months.

It’s not known how or where she was found but today Atiya will be home with her mother and family after three years apart.

This story has a happy ending but sadly, this is not always the case. If you believe your child is at risk of abduction take specialist legal advice and action immediately to prevent the removal in the first place. Having your child returned to you, once they have left the UK, all depends upon whether they have been taken to a country who has signed up to the 1980 Hague Convention on the civil aspects of child abduction and it can be a difficult and long road to securing their return.

We are a team of specialist family law solicitors in Manchester. For more divorce advice please read our family law blog or follow us on Twitter @Divorce_experts

Louise Halford
Partner

Wednesday, December 26, 2012

FREE to Military

Divorce Communications is now FREE to all military and their ex-partners. Our way of saying thank you for all you do! Cathy & Kim

Tuesday, December 25, 2012

Boise Criminal Attorneys - Idaho DUI Lawyers (208) 472-2383

DUI During the Holidays
As a Boise Criminal Attorney, the Holidays often bring a flurry of calls from individuals charged with DUI. While it may sound obvious, there are many things that can lead to a DUI this time of year. Christmas parties, family celebrations and New Year revelry are all leading factors resulting in driving under the influence of alcohol. These aren't the only instigators, however.  As a Boise Divorce Attorney I see the toll that divorce and custody issues take on individuals during the holidays.  The stress associated with breaking up, coordinating visitation schedules and being alone during the holidays all effect the probability of ending up with a DUI.

Who Gets a DUI?
It is important to remember that law enforcement is aware of the increased use and abuse of alcohol this time of year.  They are on watch for individuals imbibing and driving.  Evidence of this is the recent DUI charge against Idaho Senator Mike Crapo.  Mr. Crapo is not unique in this holiday criminal charge.  Every day of every year I get calls into my criminal law office from individuals that have been charged with DUI and many many of those people say that they thought that they could drive and that they hadn't had that much to drink.  It is very likely that Senator Mike Crapo thought that same thing when he got behind the wheel and ended up blowing a .11 this week in Washington D.C.

Don't Let a Criminal Charge Ruin Your Fun
The Holidays are generally a happy time, but don't let a DUI ruin your celebration.  We should all be able to enjoy this time of year but make sure you have a designated driver, take a taxi or even walk.  Walking is great exercise and helps burn off the alcohol in your system, not to mention the extra calories consumed drinking.  Now that the Boise taxi companies have the ability to take debit and credit cards, there really is no excuse for not taking advantage of a sober driver.  If your holiday season is sad and lonely and if you are down in the dumps because of a divorce or custody battle and you are alone during this season, don't let yourself be taken down further by being charged with driving under the influence.  Instead of turning to alcohol, it is better to find someone to talk to.  It could be a family member, a member of the clergy, your divorce attorney or a counselor.  No one should suffer alone and those people are there to help you.  Don't let a DUI ruin the holidays for you or your family.

If you have been charged with a DUI or you have a family law issue and you need speak to a Boise Criminal Attorney or a Boise Divorce Attorney, please give us a call, (208) 472-2383.  You will be glad you did.

Friday, December 21, 2012

Seder Preidah: Ritural of Release

 
I recently spoke with my good friend, Rabbi Sandy Seltzer. Rabbi Seltzer has mediated divorces with his wife, Rita Pollak, family law attorney, trainer, teacher and mediator and  Past-President of the International Academy of Collaborative Professionals.   We were discussing Jewish divorce and he told me about the “Seder Preidah: Ritual of Release.”  I had never heard of it.  When I asked him for more information, he told me he would lend me a book he wrote entitled, “When There Is No Alternative – A Spiritual Guide for Jewish Couples Contemplating Divorce.”  It is the best book I have read about Jewish Divorce. The book discusses much more than Seder Preidah and I highly recommend it.

Seder Preidah is Reform Judaism answer for dealing with some of the problems of divorce.   As Rabbi Seltzer says in part, “In a radical departure from classical Reform’s attitude toward divorce as a purely civil matter, the CCAR in 1988 introduced a “Ritual of Release or Seder Preidah for Divorcing Couples.  Its intent has been to foster a spiritual setting for the termination of a marriage, thereby hopefully lessening it adversarial potential as well as providing a religious context for the expression of grief and loss.  It is not meant to be a Reform version of the get.”

As I get older, I understand even more the need for ritual.  I often told my clients that as painful as going to court when the divorce is granted, it is important because even that legal ritual provides them with more closure and helps them move on.
As always, you can post any comment about this blog or Divorce Mediation, or just Mediation by following the directions at the right in the green column or at the bottom of this website. Learn more about mediation at http://www.center-divorce-mediation.com/CDM (263) 12/21/12
 


Allocating Christmas (with help from CAFCASS)

All family lawyers who deal with child disputes are all too familiar with how important it is to parents to have Christmas morning with their children. When separated parents live geographically close, and their relationship remains amicable, witnessing their child’s delight on Christmas day morning can be shared. When their relationship is at best strained, the only answer is for the child to have two Christmases.


Where parents are unable to agree where and with whom their child will spend Christmas day, this matter can ultimately be decided upon by the courts as part of a contact/residence case. Parents are often worried about how the court will make a decision about these issues. When faced with such disputes Judges are required to consider first and foremost what is in the child’s best interests, and follow what is known as the “welfare checklist” to help them do so.

Wherever necessary, an officer from CAFCASS (the Children And Family Court Advisory and Support Service) will be asked to compile a report for the court with recommendations as to what type of contact or residence order should be made in a particular case. CAFCASS officers are professionally qualified social workers. Recent research by CAFCASS has shown that in 75% of cases in which they have submitted reports, the court has made an order which follows the recommendations made.

We are a team of specialist family law solicitors in Manchester. For more divorce advice please read our family law blog or follow us on Twitter @Divorce_experts

Katy Stirling, Solicitor

Wednesday, December 19, 2012

Family law services


Family law is usually very complex. In addition, in cases involving, as a rule, very emotional. In case you are not financially able to get a good lawyer in this case, given the circumstances. Pro Bono or unobstructed view, or at least a lawyer who charges a small fee service family law is a must when you're dealing with such a question.

There are specific types of legal organizations that have proven that they have the quality, experience and efficiency when it comes to represent family members come in complex cases. In addition, some of them work for a symbolic price. Therefore, the limited financial resources still no shortage of options for display.

Legal organizations created for legal assistance in matters relating to the family, which may be very different. They include child custody, divorce, and visiting children. Of course the typical legal organizations provide these types of views on the amount which, depending on the client's income.

A very common type of organization that provides legal assistance to a non-profit organization. It offers a wide range of legal services in the cases of all kinds. Such organizational and legal aid does not charge or take a very small fee for profit. Another type of legal aid is available in some law schools.

Almost all the schools in the U.S. offer on the basis of clinical programs, disadvantaged customers get the services they need legal help. As citizens, to obtain legal representation they deserve in court. Non-profit organization offers a lawyer to represent you in your case.

In the case of clinical law school legal, you represent the last year instead of a real lawyer. The student selected for this task qualified to provide legal assistance to the desired type. Licensed attorney supervises the work of the students in the case.

The benefits of participating in one of these non-profit programs that you get, and you represent. Greater chance of success, you do not have to do with the question the court in its discretion and whether the decision was correct. Family law services can even be obtained for free and always the best option when it comes to solving a family matter to court.

Monday, December 17, 2012

Is Divorce really 'too easy'?


As anyone who has ever been through a break-up knows, they can be upsetting and emotional experiences, even if they are free from the sort of rancour sometimes seen in the celebrity divorces played out across the pages of our national newspapers.

Yet it seems that a majority of people still believe that divorce is "too easy".

A survey conducted by ICM Research on behalf of Pannone's Family department found that 57 per cent of people questioned felt that way.

The findings made the pages of both the Daily Telegraph and Daily Mail.
Both 'papers featured the comments of my colleague Fiona Wood, who remarked that the survey results did not tally with her experience or that of the department as a whole.

She also suggested that they might well have been more influenced by the shortlived marriages of the stars than the sort of married life familiar to the rest of us.

One thing which is common to all divorces whether they involve stars or not is the need to have the support of expert family lawyers capable of supporting you and your family during the divorce process. You will need family law advice on not only ending the marriage but agreeing a financial settlement and arrangements for children.

To arrange a discussion with one of the Pannone family lawyers, click here or call us on 0800 840 4929.

For more divorce advice and insight, you can also read our family law blog or follow us on Twitter @Divorce_experts

Vicki McLynn, Partner

Friday, December 14, 2012

Have Gun – Will Mediate

 
One of my all-time favorite TV shows was Have Gun - Will Travel.  I have purchased and watched the CD’s of the show and am now listening to the radio show version on my iPhone.  What I have come to realize is that Paladin was often a mediator.  Perhaps this was part of the shows attraction to me.  He did not call himself a mediator but in episode 23, in the first season one  entitled ” Bitter Wine”, Paladin is hired to mediate a dispute between an Italian vintner and an Irish oilman. I like the way he was a problem solver.  There was always the threat and sometime the use of the gun but he always tried to resolve problems without the use of force.

As always, you can post any comment about this blog or Divorce Mediation, or just Mediation by following the directions at the right in the green column or at the bottom of this website. Learn more about mediation at http://www.center-divorce-mediation.com/CDM (262) 12/14/12
 


Shared care presumption under review

Further to Eleanor Aguirre’s blog of 6th November 2012, it is reported today that a parliamentary committee has voiced “significant concerns” over the government’s plans to introduce a presumption of shared parenting in children cases.


The concerns outlined included that a shared care presumption “could lead to unrealistic expectations from parents about shared time” and ultimately it could take away the focus when dealing with the arrangements for children from determining what is in the child’s best interests.

There has much debate on this issue and as detailed in our previous blogs, prior to this recent report, the proposed change to the law has been met with much criticism from members of the legal profession.

When parents’ divorce or separate, the welfare of their children is no doubt the most important issue for them. Many separating parents agree the arrangements without having to seek the assistance of the court and in many cases those arrangements will undoubtedly involve mother and father co-parenting and adopting equal roles.

However, such an arrangement may not work in all situations and in those cases where it is necessary for the court to be called upon, the current law’s overriding objective when determining the day to day arrangements for a child is that the child’s welfare is the court’s paramount consideration. To introduce a presumption from the parents’ perspective could undermine this – the main focus should be the child not the parent.

The Government will be publishing a full response to the Justice Committee’s report early in the New Year. Whether there will be a change in the law to introduce the presumption is still yet to be seen.

We are a team of specialist family law solicitors in Manchester. For more divorce advice please read our family law blog or follow us on Twitter @Divorce_experts .

Patricia Robinson, Senior Associate


Wednesday, December 12, 2012

Boise Divorce Attorneys - Idaho Family Law Lawyers (208) 472-2383 Changes During a Pending Case

Modification
I have often spoken about modification in my divorce and family law blogs.  Many of you may remember that in order to modify an existing order you must show a substantial and material change of circumstance that did not exist at the time of agreement.

When speaking of modification this way, it seems that post divorce or custody is the only time changes occur.  That, however, is slightly misleading.  As a Boise Divorce Attorney, I often see the need to modify an agreement within an existing active case.

For example, Magistrate Judges in Ada County order issues of custody to be mediated.  The idea behind this is that the parties, themselves, can work out what will work best for them, rather than having a judge tell them what to do.  They are ordered to choose from a set of court appointed mediators within a certain time period and are asked to attend mediation to work out an agreement.  If they agree they then sign the agreement and that is incorporated into the divorce and custody order.

Changes that Occur Prior to Final Divorce Order
As a Boise Divorce Attorney I have seen situations where the parties agree and then before a final order in entered there is a change in circumstances that possibly makes the agreement less than ideal when taking into account the best interest of the child.  For example, if one party begins using drugs or is charge with aggravated assault, you would not want to keep a parenting agreement that allowed the child to be alone with that parent. 

Whether the parent is committing a crime, engaged in ongoing criminal activity or is acting in a way that shows a disregard for parental responsibility, can you change your parenting agreement without filing for a modification?  As a family law lawyer I would suggest that the court be notified of the change and motion the court disregard the signed mediation agreement based upon the material change in circumstance.  It can easily be argued that the set of facts which the mediation is based on have change to a new set of facts considering the criminal or unfit behavior of one parent.  Simply because an agreement is in place does not mean that it should stand if one parent is acting in a way that is not suitable to the best interest of a child.

If you need to speak to a Boise Divorce Attorney or an Idaho Family Law Lawyer, please give us a call and see what we can do for you, (208) 472-2383.


Tuesday, December 11, 2012

The dawning of the cookie monster?


The possibility of using a formula to divide assets on divorce is one option being considered by the Law Commission ahead of today's closure of their two-month divorce law consultation.
The sums which separating spouses receive would be based on a mathematical formula considering factors such as the length of the marriage and number of children.
Critics of the system, which was introduced in Canada in 2008, claim that it leads to “cookie cutter” justice in which the size of divorce settlements becomes too fixed, rather than decided on the individual factors which arise on the breakdown of a marriage.
The aim would be to ensure greater consistency and certainty. The Law Commission also believes the reform could reduce unrealistic expectations and claims, therefore minimising conflict and the costs of divorce.
The idea of applying formulae to Family law is not necessarily new. The Child Support Agency introduced a formula which has been seen to work and has even reduced one possible source of tension in divorce proceedings. The ruling in White v White in 2000 was also notable because lawyers assumed it provided a straightforward formula for the division of a married couple's joint assets, however the judgement has been debated over the intervening dozen years so that the situation has ended up more complicated.

Removing family lawyers' discretion would amount to a significant shift in the resolution of financial matters on divorce. Family courts have been used to very broad discretionary powers, much more than in other countries' legal systems. For parliament to remove that and insist on a more rigid formula being used for the division of assets would constitute something of a u-turn. Such a system would maybe stand a greater chance of working by promoting certainty, but would judges still attempt to find some discretionary space within it?
For more divorce advice please read our family law blog or follow us on Twitter @Divorce_experts.

Claire Reid, Senior Associate

Thursday, December 06, 2012

Divorcing couple accused of 'profligacy'

The Telegraph today contains a salutory reminder of why you should always ensure that the legal costs of pursuing a financial divorce settlement remain proportionate to the award you are seeking.

The combined legal costs of Mr Alyami and Mrs Mussallan incurred in connection with their divorce were £1.3 million. Mr Alyami had been left with nothing but debt despite an award of around £500,000. The Court of Appeal, dealing with this most recent application by Mr Alyami described the costs as 'profligacy'.

The costs in this case had been incurred in not only resolving the financial settlement but also in connection with arrangements for the children.

The English courts have a huge discretion when deciding financial outcomes on divorce - there is no set formula - so that some people do choose to continue to contest matters. Our team of family law experts would always advise you to ensure the outcome will justify your costs.

 For more divorce advice  please read our family law blog or follow us on Twitter @Divorce_experts
Vicki McLynn, Partner


Monday, December 03, 2012

Will it really be a quickie divorce for former Oil chief?


The press have today reported that Maureen Fulton, the wife of BP chief Tony Hayward has been granted a “quickie” divorce following their 27 year marriage.

The oil spill in the Gulf of Mexico is said to have forced Mr Hayward out of his £4 million a year job as BP’s chief executive. No doubt the division of the parties assets will be subject to future press speculation in particular his pension pot which is believed to be valued at £10.8 million and in which his former wife is likely to be entitled to share as part of the financial settlement.

The suggestion that it is possible to have a “quickie” divorce is misleading In England and Wales married couples who wish to divorce have to show that the marriage has irretrievably broken down by relying upon different grounds which could be behaviour, adultery or a period of separation. The divorce process is the same in each case and there is no such thing as a “quickie” divorce.
When a couple divorce it is also important to try and reach a financial settlement which can often be the most time consuming element to resolve. They may also need to discuss and agree the arrangements for any children. It is always important to seek expert legal advice at the earliest opportunity.

We are a team of specialist family law solicitors in Manchester. For more divorce advice please read our family law blog or follow us on Twitter @Divorce_experts.

Tuesday, November 27, 2012

Nowhere to Hide in Divorce

A recent article in The Telegraph reported on a divorce case in which the perceived dishonesty of the Husband during the court proceedings has resulted in the divorce settlement being re-opened by the courts.
During the divorce process both spouses are required by the court to provide full and frank financial disclosure to each other – this is the first stage of the process. If provided it means that the court, and both spouses, should clearly be able to see what assets there are available to be distributed. This is essential as without this knowledge it is impossible to reach a decision as to what would be a fair settlement.

As in the case reported, a discovery after a financial settlement has been made that all was not as it was portrayed can mean that the court will allow further investigation into those finances. If assets have been “hidden” this can mean that the original settlement will be overruled.

We are a team of specialist family law solicitors in Manchester. For more divorce advice please read our family law blog or follow us on Twitter @Divorce_experts

Katy Stirling, Solicitor

Friday, November 23, 2012

Divorce Location, Location, Location


Earlier this week, Boris Johnson made a plea for billionaires' wives to sue for divorce in London.

It is reported that the Mayor said "I have no shame in saying to the injured spouses of the world's billionaires if you want to take him to the cleaners... take him to the cleaners in London."

Mr Johnson’s comments seem to flow from a desire to generate business for the city but they do reinforce the widely held belief that England is one of the most generous jurisdictions in the world for a financially weaker spouse. In particular, some judges in London are thought to grant more generous maintenance awards to spouses than judges in the North of England. This is a topic which my colleague, Fiona Wood explores in more detail in her recent blog in the Huffington Post.

The resolution of financial matters on divorce in this jurisdiction is a matter of discretion and fairness. Unlike other jurisdictions around the world, the court does not apply a mathematical formula but instead must consider a checklist of factors which is applied to each case individually. The ultimate aim of the court is to achieve “fairness” and it may therefore take some circumstances into account that other jurisdictions would ignore.

When considering divorce, the choice of jurisdiction and the choice of court within that jurisdiction can have a fundamental effect on the overall settlement achieved. This is one of the reasons why seeking early advice from a specialist Family solicitor is so important.


We are a team of specialist Family law solicitors in Manchester. For more divorce advice please read our family law blog or follow us on Twitter @Divorce_experts



Naomi McGloin

Tuesday, November 20, 2012

BOJO, BILLIONAIRES AND DIVORCE


It seems that London’s Mayor, Boris Johnson, is never far from the headlines.

He has even been quoted inviting the unhappy spouses of foreign billionaires to have the cases concerning their divorce settlements heard in London.

Even though it may have been tongue-in-cheek, his remarks underlined that city’s status as the world’s divorce capital as well as the increasingly international and sometimes complex nature of modern relationships.

It’s a topic which my colleague Fiona Wood has written about in an article for the Huffington Post
Regardless of wealth or nationality, divorce is a delicate process for everyone and it is reassuring to be able to count on divorce advice from specialist solicitors who can help you and your family.

To arrange a discussion with one of the Pannone family lawyers, click here .
For more advice and insight, you can also read our family law blog or follow us on Twitter @Divorce_experts.

Monday, November 19, 2012

Mediation Logos


As I said in my previous blog, today everyone wants a logo.  In my last blog I Goggled Divorce logo. Now I have Goggled Mediation logo.  I thought it would be interesting to see the difference between Divorce and Mediation Logos.  You can see the results of my full search at http://tiny.cc/cdmlogo2.  Below are some of my favorites.   As expected Mediation logos emphasized peace and working together and not broken hearts and controversy.    

As always, you can post any comment about this blog or Divorce Mediation, or just Mediation by following the directions at the right in the green column or at the bottom of this website. Learn more about mediation at
http://www.center-divorce-mediation.com/CDM (261) 11/18/12








 

Tips to help you find a reliable divorce lawyer


Different pace of life challenges of the global urban population has been thrown. Marriages collapse are detected because couples difficult to adapt to another. This has a negative effect on their compatibility and sometimes leads to separation and divorce. If you need to make difficult decisions emotionally, such as divorce, child custody or property division - it must be a little careful in the choice of a good lawyer who take all legal questions and make you are faced with minimal trauma.

In view of the recent trends, it was found that. A large number of distinctions in the United States According to the statistics of the state governments have shown that the average duration of marriage in the United States (so far) only 11 years with 90% of all divorces are resolved by agreement.

If you move around separation and we believe that it is time to choose a divorce lawyer in the yellow pages is that it is not easy. To go as one of the most stressful times, you can use the following tips to find a reliable lawyer:

1. Look for a lawyer who specializes in divorce - a divorce attorney to go on the hunt, so make sure you find a law firm that specializes in cases of "Family Law". If you find a lawyer to prove that he / she is a specialist in the area of ​​family law, you can be sure that it is acquired and effective solutions.

2. Choose a specialist in the field of family law in your particular case - Before a lawyer, just think, there are some areas of your divorce (or separation) of cases, this may some additional experience. If you have children, then you probably should. An attorney who has extensive experience in matters of custody of children, divorce and other support problems

3. Personal qualities are important - sometimes under the influence of the time, we forget the importance of personal characteristics when selecting divorce lawyer. It is always important to a lawyer to find someone to love you, this is to reduce the barriers to communication between you and your lawyer.

Friday, November 16, 2012

Cohabitation versus marriage

The Telegraph has recently reported that a quarter of young people regard buying a property as a bigger commitment than getting married.


Perhaps high house prices and a much tighter lending criteria are factors which make buying your first home together more important than tying the knot.

However, a common misconception is that when you live with someone you become their “common law” husband or wife which is a myth. Upon relationship breakdown unmarried cohabiting couples do not have the same rights as married couples upon divorce and in fact many cohabitees are left in a very vulnerable financial position after a relationship ends. For example, a cohabitee who does not co-own the property may have no legal rights at all. If there are children of the relationship then there are some remedies available if after relationship breakdown the party is unable to rehouse with the children.

Moving in with someone or buying a property with someone can have serious legal implications and it is always important to obtain legal advice. For example, it is possible to have a cohabitation agreement drawn up.

We are a team of specialist family law solicitors in Manchester. For more divorce advice please read our family law blog or follow us on Twitter @Divorce_experts.

Thursday, November 15, 2012

Boise Family Law Lawyers - Idaho Divorce Attorneys (208) 472-2383

Holiday Visitation
With the holidays approaching quickly many people are scrambling to make certain their visitation schedules are in order and they know who has the kids and when.  As a Boise Divorce Attorney I receive numerous calls concerning visitation this time of year.

Changing Visitation
When you go through a divorce or a custody case the final order will include a visitation schedule.  This schedule is not just the weekly schedule rather it will include holiday visitation for every year until the child turns 18 years.

As a Boise Family Law Attorney I receive several last minute phone calls from individuals wanting to change their holiday visitation.  Sometimes they want to change the dates, sometimes they want to make the visit longer and sometimes they want to flip-flop holidays.  While change is not out of the question, it can be difficult to get on short notice.

The best way to get your visitation changed is by mutual agreement between the parties.  This ensures that there is a smooth change and everyone is in agreement.  If you have an unforeseen incident and the other party does not want to give you their permission for a change you can ask the court for its help.  However, it can be difficult to get into court quick enough to fix the problem.  When this happens and you go ahead with your plans, it is a great possibility that you will be brought up on contempt charges for violating the custody order.

Emergency Change in Visitation
Part of the reason the court does not want people running to it constantly to change a visitation schedule is that you have very advance notice of when and where your visitation will be.  It expects you to plan accordingly.  There are those situations, however, where you have not control over the situation.  For example, say you are out of town with your child and are scheduled to return in time for a Sunday night custody swap and there is a snow storm and you can't get back for three days.  Now while this is a true emergency situation, it is unlikely that your Boise Divorce Attorney can even get in front of a judge to get an order allowing the change.  In these situations, if the other side persists in bringing contempt charges against you the judge will look at your violation of the order in a different light than had you acted intentionally without the other party's permission.

My best advice as a Boise Family Law Lawyer is to plan ahead of time and stick to your schedule as best as you can.  If you need to make a change and you and the other party cannot agree contact your attorney several months in advance to ensure you get the best possible outcome.

If you need to speak to a Boise Divorce Attorney please give us a call, (208) 472-2383 and see what we can do for you.

Monday, November 12, 2012

Divorce Logos


Today everyone wants a logo.  I thought it would be interesting to Google Divorce Logos and see what I found.  You can see the results of my full search http://tiny.cc/cdmlogo.  Below are some of my favorites.  Broken hearts seems to be a popular theme.  I like the more abstract which seem to include something symbolic.  My favorite is the Divaroo because I like kangaroos and want to visit Australia. Also like the divorce superheroes.   I am going to do a search for Mediation Logos next.
As always, you can post any comment about this blog or Divorce Mediation, or just Mediation by following the directions at the right in the green column or at the bottom of this website. Learn more about mediation at
http://www.center-divorce-mediation.com/CDM (260) 11/1/12









 

Thursday, November 08, 2012

Boise DUI Attorneys - Idaho Criminal Law Lawyers (208) 472-2383

DUI and Drugs in Idaho
I have spoken before in this blog about how a charge for DUI can relate to alcohol consumption or, alternatively,  may have nothing to do with it.  Today, I want to discuss the anatomy of a DUI related to driving under the influence of drugs. 

As a Boise DUI Attorney I often see cases involving DUI due to operating a motor vehicle under the influence of drugs.  People have a lot of questions when it comes to this type of case.  First, how does the arresting officer know you are under the influence of drugs and how do they test you?  This is a very good question.   The process is almost identical to a stop and arrest for driving under the influence of alcohol.  As you may know from previous DUI blogs I have written, in order to be pulled over the police must have probable cause.  This can be anything that gives them a good suspicion that something is happening in your vehicle that is impairing your driving or a blatant violation of driving laws.  If you have taken drugs and are impaired your driving may be sketchy.  You may weave in and out of your lane, you may run a red light, you may drive the wrong way on a one way street and the list goes on.  Once you are pulled over, the police will look for signs of alcohol or drug consumption.  They will perform field sobriety tests, they may ask to search your car (always say no - you do not have to consent to a search) and they may take a breathalyzer test. If you haven't consumed alcohol the breathalyzer will obviously be negative but this doesn't prevent the police from arresting you if you are obviously impaired.  At this point they will order a blood test to determine the presence of drugs in your system.

Does the presence, no matter how slight, of drugs in your system mean that you will be convicted of a DUI?
As a Boise DUI Lawyer, this is the net biggest question people are curious about in these types of cases. Unlike alcohol, there is no legal limit for drugs in your system.  The blood test will simply reveal a positive or a negative result. 

Illegal Drugs vs. Over the Counter and Prescription Medication 
There isn't a simple answer to this question but there are certain considerations which need to be examined.  The first question is, "are the drugs in your system illegal drugs?"  If it is the case you are under the influence of marijuana, meth, cocaine or any other controlled substance, it does not matter how much there is in your system.  You will be charged with a DUI and if pursuant to the traffic stop, any illegal drugs were found, you will also be charged with possession and potential trafficking, depending upon how much was found.  The reason for this is simple; it is illegal to be in possession and to consume illegal drugs.

The more difficult question to answer for DUI attorneys is, "what if the drugs in your system were over the counter drugs or drugs prescribed by a physician?"  It is not illegal to drive with these types of drugs in your system, but it can become illegal and an issue of intoxication if the amount you have in your system impairs your driving.  In fact, if you are under the influence of these types of drugs when you are pulled over, it is likely that you will volunteer the information that you are taking certain medications to the police officer.  But, will you be charged with a DUI? 

These cases turn on the specifics of each case.  For example, if you were prescribed hydrocodone and you were taking it according to your physician's directions and had been taking it for a few weeks and were used to how it effected you, you might have your charged reduced to reckless or inattentive driving or even failure to use a traffic signal, depending upon the under lying cause for the traffic stop.  If, however, you consumed excessive amounts of the hydrocodone, meaning way more than you were prescribed, and you were pulled over because you were speeding while going the wrong way on the freeway the chances that you will get a DUI are high.

If you have been charged with a driving under the influence and you need to speak to a Boise DUI Attorney, please give us a call at 208-472-2383 and see what we can do for you.

Tuesday, November 06, 2012

COHABITATION COMPLICATION


You may recall that, last week, the Office for National Statistics (ONS) provided fresh ammunition for those calling for a clarification of the legal status of unmarried couples who live together, particularly those with children.

The ONS published data revealing that the number of men and women in the UK choosing to cohabit rather than marry had almost doubled in the last 16 years while the number of married couples was down nearly half a million in the same period.

My colleague, Beverley Darwent, provided comment on the matter for both the Daily Telegraph  and the Daily Mail.
It is a topic which another colleague, Claire Reid, has remarked upon in an article for the Huffington Post.
Whether cohabitating or married, it is important to be able to rely on family lawyers who can provide the right advice for you and those closest to you.

To arrange a discussion with one of the Pannone family lawyers, click here or call us on 0800 840 4929. .

For more advice and insight, you can also read our family law blog or follow us on Twitter @Divorce_experts.

Vicki McLynn, Partner

Monday, November 05, 2012

What's Happening In Court



I found this interactive book for children that describes the court process as a whole in very simple terms. It comes from a judge out of California and can be helpful in describing the court process anywhere.
http://www.courts.ca.gov/cms/cab/

EXPAT DIVORCEES STYMIED BY FOREIGN PROPERTY PRICE PLUNGE

Increased ownership of foreign property by Britons in the last few decades has brought with it the benefits of different cultures for families, provided investment opportunities and not a little bit of welcome sunshine.

However, the turbulence caused by marriage break-ups and the global recession has given a stark reminder of the potential downsides too.

As my colleagues Fiona Wood and Louise Halford have remarked in an article in today's Daily Telegraph  many former spouses who took homes in Continental Europe as part of their divorce financial settlements have seen their properties experience a dramatic drop in value.

Some are now trying to revise the terms of those settlements in an effort to undo the damage caused by the economic downturn and improve their future prospects. The circumstances in which those financial settlements can be varied are extremely limited.

As they have sadly discovered, divorce is not only a difficult process but can be a complicated one too.

In such circumstances, it can be greatly reassuring to count on straightforward advice from specialist family lawyers able to guide you through the potential pitfalls in order to achieve a resolution which is right for you and your family.

One of our expert family solicitors at Pannone would be glad to discuss matters with you further.

For more advice and insight, you can also read our family law blog or follow us on Twitter @Divorce_experts.

Vicki McLynn, Partner

Sunday, November 04, 2012

Rise of the DIY divorce…


Couples who are somewhat impoverished are causing court chaos by representing themselves in the midst of cutbacks.According to the Daily mail; the recession and upcoming cuts to legal aid are putting immense pressure on family courts as these couples increasingly represent themselves.
I will therefore write a little post of pure commentary on this issue as there are repercussions to the recession for sure!
Whilst reading this and the talk of immense pressure on the courts, it raised a flag of discomfort and pressure of the couples who are the ones forced to represent themselves without help. There is a new arbitration scheme where there is a process that allows couples a more informal legal setting allowing them to settle out of court by employing expensive specially trained lawyers. A system that will prevent a level of hazard, sure, but one that is very much in favor for the wealthy, and as it is not a common occurrence where money is an easy factor for all couples especially in the area of divorce, the pressure on the courts seems one that has been self influenced in my opinion.
Certain views of representing one’s self suggest that it’s less time-consuming if you represent yourself. The lawyer is the middle-man who gets paid in abundance to forward the legal documents between the customer and the court, charges you all your calls per minute, sends you a vast amount of unnecessary correspondence in order to rip you off etc. Some say it is less stressful, more straightforward and faster.
However… Several judges told The Law Society Gazette that cases where litigants represented themselves it took twice as long because they often needed help navigating the legal process. One said: ‘We are getting more and more people coming to court in private law cases without the benefit of sensible, structured legal advice, wanting to spill blood on the court carpet,
More and more people are requesting to push for a no-fault divorce, explaining that with the fault-based divorce system in action currently with blame apportioned, ‘it is a confrontational process which benefits no one’ as the certain prospects believe. But whether you believe DIY divorce is the way to go or not, earlier this month Sir Nicholas Wall, the most senior family judge in England and Wales, warned of ‘a substantial increase’ in the number of people who will be forced to represent themselves in court due to cuts in legal aid. This is not to mention the rise of do it yourself services like www.quickie-divorce.com,www.quickiedivorce.co.uk and www.divorcefast.com.
The question begs: can people represent themselves confidently and not recklessly? In the midst of an intensive breakup whilst being in a state of shock – how does one try to cope with the legal system with little or no help!?
However simple some make it out to be, it does not sound inviting…
At Naked Divorce, we have some great contacts with lawyers and have vouchers for 1 hour consultations to consider all your options. Many lawyers today do fixed fee divorces and meditation is a low-cost effective option too. So before you run off trying to do it on your own – seek help today…
Till next time!
Lots of hugs

Thursday, November 01, 2012

The great cohabitation conundrum

The changing nature of the modern family has been thrown into sharp focus thanks to new figures published by the Office for National Statistics (ONS).


It has revealed that the number of men and women in the UK choosing to cohabit rather than marry has almost doubled in the last 16 years, from 1.5 million in 1996 to 2.9 million in 2012.

The ONS added that the number of children living in these cohabiting households has doubled – from 900,000 to 1.8 million – over the same period.

When you add to that a drop in the number of married couples (down nearly half a million in the period covered by the ONS research) and the fact that single parents now account for some 26 per cent of all families with dependent children in the UK, it’s clear to see that the picture is very much different from that which might have been familiar, if you pardon the pun, to previous generations.

The ONS data accurately reflects my own experiences and those of my colleagues in Pannone’s Family department.

We find ourselves handling an increasing number of cohabitation disputes including those involving the children of unmarried couples.

Together with decreasing marriage numbers and the frequency with which we are dealing with couples divorcing in their late twenties and early thirties, it’s possible to conclude that fewer couples seem committed to the idea of marrying. Choosing to legally separate rather than work through marital difficulties is also no longer seen as the social stigma with which it had been regarded in years past.

The newly-documented increase in popularity of cohabitation does appear to add weight to calls for Government to introduce legislation to clarify the status of couples who choose not to marry and their rights should they break up.

As Pannone has remarked in the past, both on this blog and in the national print and broadcast media, the breakdown of cohabitating couples can be complex.

Whatever the nature of your own relationship – whether it is a cohabitation or marriage – it is important to be able to rely on straightforward advice from lawyers who can guide you through the potential complications to achieve a resolution which is right for you and your family.

To arrange a discussion with one of the Pannone family lawyers, click here or call us on 0800 840 4929. We are available to take your call twenty four hours a day, seven days a week.

For more advice and insight, you can also read our family law blog or follow us on Twitter @Divorce_experts.

Claire Reid, Senior Associate




INTERNATIONAL RELATIONSHIPS AND PROTECTING CHILDREN: HAGUE UPDATED



Today marks another important date for parents and lawyers who have ever found themselves embroiled in a case involving children and spanning the borders of different countries.

That is because today sees provisions included in a new and wide-ranging Hague Convention come into force in the UK.

Discussions about ‘The Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children’ (or ‘The 1996 Hague Convention’, to give the document its more familiar shorthand title) came to an end 16 years ago.

However, the Government in Westminster only finally ratified the document this year, hence an apparently belated adoption.

As its title suggests, the focus is on protecting children. Even though it may not apply to every single case, the new Convention’s various key strands mean it is likely to have impact on more matters than before.

The fundamental emphasis is on protecting children and clarifying the responsibilities of and relationships between parents and courts in an effort to make the legal resolution of any difficulties which arise “simple and rapid”.

For instance, one provision allows for an order made in one country which has signed up to the Convention and granted contact to a parent to be recognised in another signatory state, so overcoming the previous need to take out so-called ‘mirror orders’, replicating one domestic court’s ruling in another foreign jurisdiction.

The reason for the Convention’s significance is regularly brought home to myself and my colleagues. The breakdown of relationships involving children is common and can lead to disputes about which country those children are to live once their parents separate. The convention will simplify the procedure of maintaining contact with a child who is moving to another country on the separation of its parents.

Given the growing number of couples made up of individuals hailing from different countries, such disagreements can and have become even more complicated.

Whatever the circumstances, one thing is clear: removing a child from the country where it lives without express permission is a criminal offence.

If you find yourself in such a situation, it’s important to know that there are experts who understand the issues and anxieties involved, and who will make every effort to reunite you and your child.

Our child abduction solicitors have worked successfully on cases around the world, including Europe, Middle East, USA, Australasia and the Far East which have led to children being reunited with their parents.

Pannone is among those law firms recommended by Reunite, the leading UK charity specialising in international parental child abduction, and the association of family lawyers, Resolution.
If your child has been taken out of the UK to a country that has signed up to the Hague Convention or another international agreement, we will take legal steps to return them to you as quickly as possible.

Where no agreement is in place, through our international networks of contacts we will instruct specialist child abduction lawyers in that jurisdiction to fight your case.

We can also help locate a child that has been brought to the UK without your consent through the courts to ensure their safe return.

Swift action is paramount in child abduction cases and if you suspect your child is about to be taken out of the country - please call us immediately on 0800 840 4929 during office hours and 07947 022 312 outside office hours. Alternatively please contact Louise Halford, Child Abduction Solicitor, immediately and we will take action to prevent their removal.

Monday, October 29, 2012

Honeymoon over for Pop Idol Gareth Gates


Gareth Gates has revealed that he has split from his wife, ending their three year marriage. The singer and his wife, Suzanne, have been together for 10 years, with a young daughter, Missy.

Gareth, aged 28, has recently been accused of having an affair with his Legally Blonde co-star, Faye Brooks. However, Gates insists that the reason for the breakdown of their marriage is that he and Suzanne have “grown apart”.

At the end of September, I was quoted in The Daily Telegraph and The Huffington Post, reporting the increased number of cases which I have seen recently, involving couples in their twenties and thirties who had been involved in long-standing relationships, often since school, only for their marriages to come to an end.
There appear to be a number of reasons for an increase in the rate of divorce amongst such couples. Many suggest that like Gareth, they have grown apart. For others, they no longer feel the same way about their long-term partners once they have children. Another frequent cause of break-ups is infidelity on the part of husbands who have never had relationships with anyone other than their wives.

The frequency of divorce involving young celebrities means many other couples no longer feel stigmatised by the prospect of marriage break-up.
Getting divorced at any age can be a stressful experience. However, younger couples often find it easier to reach agreement with their spouse about finances or children  than couples in their forties and fifties.

We are a team of specialist family law solicitors in Manchester. For more divorce advice please read our family law blog or follow us on Twitter @Divorce_experts
Claire Reid, Senior Associate





Thursday, October 25, 2012

Marriage, Mansions and Mayhem

Today’s Telegraph  features a story about Maha Shagroon, an extremely wealthy divorcee’s claims that her former husband has failed to maintain her to the standard to which she had become accustomed. Her complaints appear to centre on his failure to pay the salaries of the household staff based at their £5m Regents Park home, and his failure to maintain their fleet of cars.

Whilst such tales of the super wealthy bear little resemblance to the lives of most of us mere mortals, an important part of the couple’s dispute could impact on many. In happier times the couple went through an Islamic marriage ceremony presided over by an imam in London. According to the article they were divorced in 2002 by the husband pronouncing Talaq (the Islamic divorce). The Husband is now arguing that their marriage is invalid as he had already had an Islamic marriage abroad, and as a result their divorce is invalid, and therefore the court has no authority to make a decision about their finances.

This is a fairly technical area of law, but it is becoming more common for couples to marry abroad, and also to go through different types of marriage ceremony. If such ceremonies do not comply with the necessary legal formalities that marriage may well be void or invalid. As a result there can be no divorce, and no divorce means no divorce settlement!

An overseas divorce can be a complicating factor, although it is still possible to make a claim for financial relief from your ex-spouse in England even if you already have a divorce and/or a financial order from another country.

If any of the issues above affect you or you are concerned about the effects of an international marriage or divorce it is recommended that you obtain advice from a specialist solicitor. We are a team of specialist family law solicitors in Manchester. For more divorce advice please read our family law blog or follow us on Twitter @Divorce_experts

Katy Stirling, Solicitor

Monday, October 22, 2012

Choosing a good divorce lawyer


Choosing a good divorce lawyer is essential if you believe. May be facing divorce Each state has hundreds if not thousands of lawyers to hire, but the best legal advice, you think that, if possible, before the divorce, a divorce lawyer. How to find a good lawyer who can help you, it is important, there are some things to consider when looking for one.

The first step in choosing a good divorce lawyer to look online and read reviews about lawyers in your area. If you have family or friends who have gone through a divorce know, they are more than happy to recommend them to a lawyer if they have a good experience. Reading the reviews and get recommendations are always a good way to make lawyers must learn to treat their customers.

The second step in choosing a good divorce lawyer looking for lawyers in your area. Doctors have a law degree, but. Typically, only a small loss and is not familiar with all the details that are involved in a divorce lawyer you choose should be a knowledge of the law and the state of the district all cases of divorce.

The third step is to reduce the attorneys in your area, and read their comments. Between two and three that are in your area, it would be advisable to make an appointment for a consultation. If you're a lawyer, you know where you stand with your case and, if the lawyer believes that it can help you to complete.

A meeting with an attorney for advice is important because it is a good time to think, to ask questions about your case and how they cope with it, they could. The lawyer needs to know what's on your mind, and all aspects of the case, so that they answer these questions. Make a list of things you need to ask yourself before you leave, so you'll be better prepared.

During the consultation, you will discover, if you're happy to talk about this lawyer. This has a lot to learn if you do not hire them. You should feel comfortable with any lawyer to hire, because your case is important and affects the rest of your life. Part of choosing a good divorce lawyer or not to speak to them as a friend.

The most important thing is that you can talk to a lawyer about the amount of experience they have with cases like yours. What is their assessment of these cases? It means to be a lawyer in the room bold personality, and they know how to give birth to all the evidence, is not it? It's also wise to ask them whether it is a good strategy to your case. These points are important when choosing a good divorce lawyer.

Friday, October 19, 2012

Boise Divorce Attorney 208-472-2383 Idaho Family Law Lawyers

Divorce and Community Property
As a Boise Divorce Attorney I have the honor of outlining and explaining community property law to many clients.  One very difficult thing for many people to understand is that community property law in Idaho doesn't necessarily mean equal division of property and debts. Rather, it requires an equitable division.

The scenario where this generally arises is in long term relationships.  Often, an individual, usually a woman (I don't say this in any way derogatorily.  I mean it statistically because women are generally the ones who give up their careers to stay at home and raise their children), will be offered a settlement agreement by her spouse indicating that the agreement contains an equal split of all the property and the debt and is therefore "fair".  Often these settlement agreements will contain a provision for child support and even an equal division of the retirement fund.

Thankfully, many women will call for a free consultation to discuss whether or not this equal division is fair.  I say thankfully not because it means more work for Boise Divorce Attorneys, but because, as I indicated above, equal does not mean equitable.  If a woman has given up her career or the option of having a career to raise a family, her contribution to the community should not be figured at zero.  All too often people think that if they are the ones who went out and supported the community, provided the home and the livelihood for the family, that they are the only ones who provided value to the community.  This simply is not true and Idaho community property law recognizes this.

Sadly, however,  in order to keep the peace, a spouse will misguidedly accept a settlement agreement that purports to be equal.  My advice as an experienced Boise Divorce Attorney is STOP! Don't accept such an agreement.  It will leave you struggling to pay your bills during the pendancy of your divorce, it may leave you with inadequate child support and you won't be compensated for the value that you have added to the community.  So what can you do?

Community Income During the Divorce
Most judges won't order child support or spousal support while a divorce is actively being pursued.  Instead what they will do is issue temporary orders.  In these orders, your divorce attorney will ask that the discretionary income of the community be divided equally.  How this works is this:  You and your spouse will be asked to make an accounting of your regularly occurring bills.  Your two incomes will be added up, the bills deducted and anything that remains is considered discretionary and will be split between the parties.  What this means for you is that if you make 1/4 of what your spouse does, you will not be left hanging until the divorce is finalized.  You will maintain an equal share of the community income. 

Child Support and Spousal Support
Your divorce attorney will compute the child support owing and may ask (in appropriate situations) for spousal support.  These two sources of monies will begin to be owing upon the finalization of the divorce.  Properly computed child support insures that the children are being provided for financially and spousal support financially acknowledges that a spouse who has stayed home with the children.

If you need to discuss divorce or any other family law issue with an Idaho lawyer, please call 208-472-2383 and see what we can do for you.