All Things Legal - Experts and Resources

When Being Too Motherly Can Land You in Jail

Posted to by Marilyn Stowe on Sat, 02/04/2012 - 8:28am

I once read an article in the Sunday Times that ruined my otherwise very pleasant day.

The piece by concerned a mother who was being imprisoned because of her “over indulgent” behaviour towards her three children following the breakdown of her marriage.

The unnamed woman had, according to reports by social workers, encouraged her children to make “serious allegations” about her former husband that transpired to be false. The judge remarked that she had “serious concern about [the mother] infantilising the children…and encouraging them to want to take an inappropriate part in these proceedings.”

Banned from seeing her children for three years, it appears that the mother is also facing a second jail term for posting a video of her plight on YouTube.

The articles I read were the first I had heard of this case; therefore my opinions are based solely upon the facts as they are laid out in the newspaper.

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Divorce is an Emotional Rollercoaster, But Are You Paranoid?

Posted to by Marilyn Stowe on Fri, 01/27/2012 - 8:30am

How healthy is divorce litigation for everyone involved: clients, their families, the lawyers and others? How healthy is it for anyone involved in these cases?

Paranoia is a profound distrust or suspicion of others, which goes hand-in-hand with the belief that one is being persecuted. In divorce, these feelings can have some basis in reality. There may indeed be someone out to get you. Usually, it is the person to whom you had hitherto been closest: your spouse.

Unfortunately, divorce causes some people to become irrational or even delusional. Their perceived “persecutor” is nothing of the sort and may actually be a spouse who wants nothing more than to move on with his or her life.

The painting above is called “Paranoia”. What are the figures in the painting staring at and so worried by? There is no-one visible outside, so what or who do they think may be coming in through the door? Are they right to be worried or are they paranoid?

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Red Flags to Avoid During Custody Evaluations

Posted to by Diana Mercer on Sat, 01/21/2012 - 7:57am

Custody mediation can be a dress rehearsal for a court-ordered child-custody evaluation, because if the case is not settled in mediation, an evaluation could be next. Mediation can help parents dig themselves out of entrenched positions, get them to evaluate their goals, and help them develop a child-centered parenting plan that will promote the best interests of their children.

The mediator's job is to reduce acrimony and get the parties to agree to a custody and visitation arrangement. If that process comes to a halt, they can at least prepare the parents for what an evaluator will want to know.

An evaluator in the State of California, where we work, will want to hear about the parental history: when the parents met, when the parents' relationship became serious, when the parents began living together, when the parents got married, when the parents first separated, the total number of separations, the date of the last separation, and whether and when couples or family counseling was ever done.

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Are the Odds Stacked in Favor of "Gold Diggers"?

Posted to by Marilyn Stowe on Fri, 01/20/2012 - 8:20am

I have been fortunate enough recently to attend two horse racing events. I love the races, even though I’m not much of a gambler. The sleek lines of the beautiful horses, the roar of the crowd, everyone dressed up to the nines; intent on having a really good time and celebrating the King of Sports.

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How to Act in Court During Your Divorce

Posted to by Marilyn Stowe on Thu, 01/05/2012 - 8:31am

Clients don’t always realise that how they dress, act and speak are crucial factors that will undoubtedly weigh on a judge’s mind during a case. When there is a decision to be made in favour of the client, or against them, even the smallest details can make a huge difference.

Several years ago I chaired DSS Tribunals which heard appeals from people who had been refused various state benefits. Along with a doctor and a lay person, I would listen to the appellant explaining why they believed benefits had been unfairly denied, which frequently involved the apparent physical incapacity of the individual concerned.

Often the claimants would go to great lengths to describe their ailment in the pre-hearing paperwork. They would, for example, state why it was impossible to sit longer than 10 minutes at a time because of a back condition or to walk any measurable distance without assistance due to various medical reasons.

What they tended to forget, however, was that how they behaved during the tribunal hearing, which usually lasted about 45 minutes, was also taken into account and was equally as important as their written tales.

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How to Minimize Divorce Costs in a Recession

10 tips to help you cope

Posted to by Marilyn Stowe on Wed, 12/28/2011 - 8:37am

Divorce is always turbulent, and often fraught with unexpected complications, but an economic recession may make a bad situation worse. If you are about to divorce or are considering it, choices made now will have a significant impact upon your financial future.

Here are 10 tips to help you cope:

1. Move swiftly. If your divorce drags on, costs will mount. Prepare details of respective finances with supporting documentation as soon as possible.

Find a reputable solicitor who will provide a good steer on the outcome of your case and an estimate of likely costs. Issuing an application to court, timetables the case and can save legal costs in the long run.

If a divorce is imminent and you live overseas or have overseas connections, immediate action is essential — legislation and likely financial settlements vary from country to country.

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Courtroom Quid Pro Quo

The secret rules of law

Posted to by Cathy Meyer on Wed, 12/14/2011 - 7:32am

If you have been through divorce then you are familiar with the rules and procedures that govern the legal process. Divorce is a civil action, and every state has rules of civil procedure.

What you don't hear about — but have probably fallen victim to — are the unwritten rules. These are the rules that define how judges and lawyers conduct themselves with each other. They have more to do with the outcome of a divorce case than the written rules.

In my next several posts, I'm going to talk about the unwritten rules and my personal experience with them. It's my opinion that when it comes to the Family Court system, the only interests served are those of divorce lawyers and judges.

Rule #1. Lawyers and judges cover for each other.

Most judges and lawyers will not report each other for misconduct or violations of judicial ethics. Judges especially can get away with bad behavior, because lawyers don't want to get on a judge's bad side. Lawyers know they will go before that judge again, and staying chummy with the judge is more important than their client getting a high standard of care.

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