Family Law – SXSW Legal

Crucial Information For Parents Wishing To Adopt A Child From Overseas

Although child adoption is a matter that family lawyers are sought out for advice and representation regularly, an adoption matter they are asked about that is much less common is overseas adoption. Known as intercountry adoption this is when prospective parents wish to adopt a child that is not an Australian citizen and who lives overseas.

As you might expect, the process and criteria that must be met to adopt an overseas child are somewhat complicated and also have several different eligibility rules compared to adopting an Australian child. This is why adoptive parents must seek the advice of family lawyers who have expert knowledge of intercountry adoption before they proceed.

If you were not aware that intercountry adoption was possible and have no knowledge of it, or are at the start of the adoption process, we thought it would be useful to outline some of the basics which apply so that you have a better understanding of the procedures and criteria that apply.

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Why An Amicable Divorce Is Better For Everyone Concerned

The words amicable divorce might seem like a contradiction in terms, and this is no doubt due to us hearing about divorces in the media that turn nasty, and where the respective spouses have gone to war with each other. Despite the fact, that some divorces do turn sour, any divorce lawyer will tell you when applying for a divorce, that the majority of divorces actual end up being calm and reasonable affairs.

It is true to say that inevitably some divorces will end up being slanging matches with either party determined to get a perceived victory over their ex-partner. This can come about for many reasons but the more common are likely to be where one spouse has had an affair, or where one of them has been abusive or violent towards their spouse or their children, or both.

In these kinds of circumstances, it is possible that emotions will tend to guide the actions that each spouse takes, rather than logic. This is often where having a professional divorce lawyer, who will inevitably have had clients in almost exactly the same set of circumstances, can bring some reason to the whole process.

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Watch Out! Be Careful When Picking Your Divorce Lawyer

The old saying “it’s not what you know but who you know” couldn’t be less accurate when it comes to choosing the family lawyer who will represent you in one of the most significant life experience you will pass through. No, in this case it is exactly “what you know” that makes the difference. True, you may know a great divorce lawyer, but that’s not the kind of knowledge most people need when they embark on a search for someone to guide them through the minefield of divorce.

Here are several tips to help you choose your partner for this journey:

It’s a Job Interview. In real-estate it’s always location, location, location but in hiring divorce counsel it’s interview, interview, interview. Would you buy a car after only looking at one model on one dealer’s lot? Probably not. Would you buy a house without deciding beforehand how many rooms you need, bathrooms, what kind of kitchen you want, etc.? I don’t think so. The same is true with a lawyer. Remember, this is a relationship in every sense of the word. This person will share your sorrow, your dreams, know your finances, and perhaps even spend time with you in court. You have to like this person, trust their abilities, rely on their judgement for monumental decisions.

How many attorneys should you interview? As many as it takes to find someone that you like, trust, and can afford. That might mean 5 interviews, or 20, you just never know. But something you can rely on is your gut. Your gut will tell you if you’re likely to get along with this person. Look for other signals: Are they genuine? Do they look you in the eyes? Do they answer your questions directly or do they avoid honest answers?

As I mentioned, it’s important to trust your gut, but facts are important too. Was the attorney (or their staff) responsive to you when you called to set up an appointment. How were you treated when you arrived? Are you paying for an initial consult or is the attorney offering a few minutes for free to review your case. What does their office look like? Is it clean and organised or a cluttered mess? I’ve known brilliant attorneys who are a complete disaster when it comes to organisation, but chances are you’d rather be with an lawyer who is organised and efficient rather than the opposite.

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Child Custody After Divorce

You may think that you won’t have to make any decisions about child custody until after you are divorced, but family lawyers will advise you that it will need to be settled before a divorce is given by the judge.

Family Lawyers Perth advise that while divorces these days are not difficult to get with a ‘no-fault’ law in place, a judge will want to know who and how the children are being looked after before they agree to make your marriage end legally. For instance, they want to know that the person who is going to take the children and care for them is able to do so, both financially, emotionally and physically.

The welfare of the children is of prime important in a family law court, no matter how old they are. While they are still legally minors, they must be cared for by a person deemed suitable by the courts. If the parents are not suitable – for instance if one is in gaol and the other is a drug addict, then grandparents or other family members may be considered, if they are agreeable.

If there is no one to look after them, they will need to go into the foster care system and may be made wards of the state. However, the courts prefer them to stay with family if at all possible.

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What Binding Financial Agreements Are For

There are many instances in life where binding financial agreements are needed, be they divorce and property settlement or financial disputes of some other kind. When it involves divorce, family lawyers can give better advice because they will be able to understand the specifics of your situation when you consult with them.

In general, a binding financial agreement is to ensure that assets and debts are divided equally between the two who have divorced or are currently in the process of divorcing. There is no need to wait until the divorce is final before you decide on how to divide the property or cash, whatever the assets are. If is possible to come to a decision between the two of you without waiting for it to go to court. If you have to go to court there will be court fees to pay and this will mean less for you both.

Once you do come to an agreement about the division of assets and debt, it is essential to have it put into writing. This will prevent your ex-partner from changing their mind about it sometime later. A Binding Financial Agreement is a document that is recognised in a court of law should your ex refuse to pay or allow you to take possession of any of the assets you both agreed on.

Without this document, the ex can change his or her mind and refuse to give you what was agreed and you will have no recourse to address the situation. Once the agreement is drawn up and signed it can be presented to a court and the ex can be prosecuted for not complying with the terms of the agreement. This very fact can prevent any such trouble in the future.

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What Happens to Your Will After a Divorce

If you have made a Will – and every adult should – you may think you can set and forget it until the day you die. But good family lawyers will tell you that things can change if you should get divorced after the Will is made. For a start, any gifts you have Willed to your ex-spouse will be invalidated by a divorce. And if they were appointed as the Executor of your estate, they now won’t be able to take up that role should the need arise.

That is why you must see that a new Will is created by someone like Perth Wills Lawyer after the divorce has become official. Don’t do anything before this date, as it will not hold good after the divorce is final anyway. Since you make a Will so that your assets can be disposed of the way you want, it is essential to make a new one not only after a divorce, but after any other major changes in your circumstances.

For instance, if you remarry at any time after the divorce, or even if you marry for the first time, you should again upgrade your Will to include your new spouse. Then there could be more children that you would want to include in the disposal of your assets. All these things should be taken into account. While many Wills are quite straightforward, others can be quite complicated so it is wise to have your Will made out by a solicitor or your family lawyer.

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All You Need to Know about the Domestic Violence Protection Order

Domestic violence has countless psychological, social, and physical impacts. It includes abusing or threats of abuse by any person whom you live with, be it a blood relative, spouse or partner.

The term abuse means intentionally hurting someone, either physically, verbally, sexually, mentally or emotionally. Threats of doing so, also count as abuse, along with harassing and stalking the person concerned. Keeping the safety of the public in mind, the courts and police have adopted the Domestic Violence Protection Order (DVPO) to protect citizens from such unlawful acts.

What It Entitles?

The purpose of this order is to provide people in violent relationships, with legal protection. Anyone who is facing domestic violence can apply for this order to put an end to it. The application can be placed urgently or non-urgently, depending upon how bad the situation is for the victim. The police can also issue charges against the violent person. It is advisable to seek the services of experienced criminal lawyers if you require further legal information.

Once the order has been issued, the person it is against must behave in a civilized manner with the complaint maker. Such people are also prohibited from owning or getting a license to any weapon.

What’s The Procedure?

The police will provide all the people concerned with the case, with a particular time and date and the hearing will be held in court within 48 hours, except for Bank Holidays and Sundays. The absence of the violent person within the court will automatically result in the successful filing of a DVPO. However, if the DVPO is put into effect against a people who is under the age of 18, their being a minor and their well-being will be considered by the judge accordingly.

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Child Custody after the Execution of a Divorce

Getting a divorce and in turn engaging an experienced divorce lawyer can be a messy business and where children are concerned, it tends to become even more sensitive. A longitudinal study was conducted by Wallerstein et al. in this regard. They interviewed adult children of divorced parents and discovered that all of them still carried some negative effect of their parent’s divorce, which had instilled a fear of relationships and commitment among them.

This tells us that no child is able to completely cope with their parents’ divorce; therefore, legal matters regarding child custody should be handled seriously and carefully to avoid the damaging psychological impact.

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Adoption and Its Legal Requirements

Adoption is a common process these days but it has not been declared particularly, as a fundamental right of any citizen. This is why, in order to adopt a child or a teenager, a proper legal process is available and must be complied with. Only then will the authorities determine if the person is eligible to adopt a child.

As such, adoption means the legal process of taking responsibilities of a child as a parent and becoming a custodian for that minor. For the process to be successful, the guardian should be an adult and should form an emotional bond with that child over the course of time. This process further benefits the adoptee, by granting them the opportunity to become a legal heir of their adopted parents and eliminate their relationship with their birth parents.

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With Children, Do You Really Need the Courts?

In many legal situations, it is pretty clear that a court order is going to be necessary. When one or both parents are arguing heavily, and simply cannot agree with each other, there might be no other choice. Where there is a lot of conflict, and especially when the safety of a child is at risk, family lawyers like Robertson Hayles Lawyers should be involved.

There are many times when it seems like a legal agreement, such as a Parenting Order, is not necessary. If both parents are getting along with each other, and have separated without much bad will, you might think that things can be worked out between each other. Are the children being kept from hearing adult discussions, and able to continue their lives without being disturbed by fighting? An agreement might have even been outlined, where each parent is happy. When both are flexible and willing to accommodate each other, for the sake of a child, it might seem like everything will be fine.

You might be in a situation like the one described above. Maybe there is even an informal agreement in writing. Separated and divorced parents still tend to have lacking communication with each other, and emotions can run hot without much warning. Both parents could be putting the interest of their children before their own needs right now, but things can happen to change this scenario.

Family Lawyers say it is always best to get a formal agreement as a court order, in case something should happen in the future. This does not mean that you are bad parents, just because family lawyers have been involved. Rather, it is there to make sure that everything stays amicable.

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