Day: April 18, 2019

What You Need to Know about Relocating with Your Children After a Divorce

What You Need to Know about Relocating with Your Children After a Divorce

Family Law Legal Services

According to legal experts, the best interests of a child are the most significant factors considered when a judge is determining whether a parent should be allowed to relocate after a divorce or separation. In fact, parental mobility is one of the most prevalent issues for modern-day family law firms. This hot-button topic sparks much debate, but the final verdict is always the same: a respectable balance between the wishes of the parents, the children and the courts must be achieved.

Understanding the Problem

Separated parents are often charged with finding creative ways to provide for their children who suddenly have two homes. This shift in dynamic can make family time, finances, and careers demands a lot more challenging for all parties involved. As such, the typically complex situation is difficult for courts to address despite it being among the most litigated.
However, citizens having the freedom to move about the county, state or country at will is an important fundamental right to uphold. In a family law context, though, it becomes something of a legal matter. Simply put: because there are children involved, parties may be restricted from moving too far away from the other parent. Usually, problems with this only arise when the custodial parent wants to relocate.

Finding the Solution

Hiring a family law attorney to help is vital because legal experts understand the complicated system better than the average civilian. For example, did you know that if your new home is far enough away from the old home to negatively impact lifestyles, you may have to ask an attorney to file a ”material change in circumstances” with the courts in order to move? This process may require minimal paperwork but it also might require the involved parties to completely re-work their visitation and/or residency schedules.

The courts are then charged with deciding whether a custodial parent can legally move with their children. In some cases, one parent may be given a choice: refrain from moving or relinquish custody of the children to the other parent so as to maintain their schedules, lifestyles and social network. Although it seldom comes to that, the service of a well-trained family law attorney can certainly help make things turn out in your favor.

What It All Comes Down To

Regardless of the circumstances, relocating often has a negative impact on the relationship between a child and their non-custodial parent. Still, several factors are considered by the courts before a final decision is made. This not only gives parents and their lawyers a chance to gather evidence to support or negate the validity of the move but it also provides everyone ample opportunity to find alternate arrangements.

It’s important to note that the “best interest of the child” criteria are fact-specific elements that both parents must consider. As such, the judge’s verdict is not always predictable. However, magistrates will often urge parties to reach an agreement outside of court to prevent unnecessary orders and future amendments.

Also vital to understand is the prevalence of parents seeking a temporary custody change instead of a permanent one while a relocation is in question. Some instances involve parents in the beginning stages of separation, thus the court will order one of the parents to live in more affordable housing until equalization can be achieved and child support payments can be calculated. The courts will then consider all the facts to diligently reveal the best interest of the child before reaching a verdict. This is when an experienced lawyer is especially useful, because only veteran lawyers know what to say and do to tip the scales in their client’s favor.

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source https://www.mazzeolaw.ca/family/divorce/what-you-need-to-know-about-relocating-with-your-children-after-a-divorce/

By The Wall of Law April 18, 2019 Off

Brad Pitt, Angelina Jolie

Brad Pitt, Angelina Jolie

LOS ANGELES — Angelina Jolie and Brad Pitt are officially single, though more work is left before the terms of their divorce are final.

Los Angeles Superior Court documents show that Judge John W. Ouderkirk entered a judgment Friday, saying the couple is no longer married. Her name was also restored to just Jolie, not Jolie Pitt.

The couple’s lawyers had asked for a bifurcated judgment, meaning that two married people can be declared single before all issues in the divorce are agreed upon.

It’s not clear what issues remain unresolved in the divorce, but Jolie has filed papers saying Pitt wasn’t paying sufficient child support, which his attorneys disputed.

The 43-year-old Jolie and the 55-year-old Pitt have six children. They were married in 2014, and Jolie filed for divorce in 2016.

@repost Family Lawyer Free Consultation

Via Marital Separation

source https://canoe.com/entertainment/celebrity/angelina-jolie-and-brad-pitt-are-now-single-says-judge

By The Wall of Law April 18, 2019 Off

Brad Pitt, Angelina Jolie

Brad Pitt, Angelina Jolie

LOS ANGELES — Angelina Jolie and Brad Pitt are officially single, though more work is left before the terms of their divorce are final.

Los Angeles Superior Court documents show that Judge John W. Ouderkirk entered a judgment Friday, saying the couple is no longer married. Her name was also restored to just Jolie, not Jolie Pitt.

The couple’s lawyers had asked for a bifurcated judgment, meaning that two married people can be declared single before all issues in the divorce are agreed upon.

It’s not clear what issues remain unresolved in the divorce, but Jolie has filed papers saying Pitt wasn’t paying sufficient child support, which his attorneys disputed.

The 43-year-old Jolie and the 55-year-old Pitt have six children. They were married in 2014, and Jolie filed for divorce in 2016.

@repost How Much Is a Divorce

Via Matrimonial Law

source https://canoe.com/entertainment/celebrity/angelina-jolie-and-brad-pitt-are-now-single-says-judge

By The Wall of Law April 18, 2019 Off

2 Mississippi men say they beat man in videotaped attack

WAYNESBORO, Miss. — Two Mississippi men admit they took part in a beating captured on video and shared on social media.

WDAM-TV reports 32-year-old Landon McCaa and 28-year-old Tomas Sion Brown told Wayne County Justice Court Judge Charles Chapman on Wednesday that they assaulted an unnamed man.

McCaa says he attacked because he mistakenly believed the victim had insulted his family. McCaa says he was “drinking and out of control” and says he apologized before the victim left his house.

Wayne County Sheriff Jody Ashley says the victim was badly injured, underwent surgery and is recovering at home.

The judge set bails of $500,000 for each man on aggravated assault charges. Both remain jailed.

The court appearance was not a formal guilty plea and the men say they are hiring lawyers.

___

Information from: WDAM-TV, http://www.wdam.com

The Associated Press

@repost Family Lawyer

Via Custody Evaluation

source https://toronto.citynews.ca/2019/04/17/2-mississippi-men-say-they-beat-man-in-videotaped-attack/

By The Wall of Law April 18, 2019 Off

No ‘involuntary job losses’ as hundreds of teachers receive layoff notices

Hundreds of teachers across the GTA received layoff notices this week, with more expected.

On Tuesday, Ontario’s second-largest school board – the Peel Region District School Board – told more than 300 teachers that they were being “surplused” for the next school year. Wednesday, they were joined by the Halton Public School Board which told about 150 elementary teachers they would be “potentially redundant,” though the board hopes to call some of those teachers back.

Notices have also gone out to teachers in Toronto, Dufferin-Peel, Hamilton, and Halton, but parents and teachers are still wondering what will this mean in the classroom? And is the provincial government going back on its promise not to cut frontline jobs?

Education Minister Lisa Thompson has said repeatedly that the surplus letters are not cuts to teachers.

“There will be no involuntary job loss associated with our education plan and how we are moving forward to fix a broken system,” says Thompson.

The Progressive Conservatives’ plan involves increasing average class sizes in Grades 4 through 12 and mandatory online courses for high school students.

“I have to be very, very clear, what we’re hearing about coming from Peel region, is a routine process that is happening in every school board across Ontario. This time of year is when school boards take a look at their roster, they identify who’s coming back from maternity leave, they’re identifying who is retiring, they are identifying who might have an assignment to take them to the board or who’s coming back from posibily a coaching assignment,” says Thompson. “The fact of the matter is what we’re hearing about these recent weeks is a routine, absolute process that is done year in, year out.”

Dufferin-Peel Catholic District School Board, which has sent notices to 170 teachers, told CityNews in a statement that the annual review was influenced by the education changes.

“This is a typical part of the annual staffing process which has been exacerbated by changes to secondary class size ratios and other Ministry changes,” says Bruce Campbell, spokesperson for the DPCDSB. “Some of those teachers who have received a surplus notice will be placed in permanent teaching vacancies, while others may be placed in long-term occasional assignments. It is expected that all those who received surplus letters will retain full-time employment with the board.”

For any Ontario teachers who don’t get a new posting, the move from full-time to occasional or supply teacher status would result in less pay, fewer benefits and decreased job stability. Still, Thompson wouldn’t address repeated questions about whether the move from a stable, full-time position to occasional work should be viewed as a job loss. Instead Thompson responded to reporters’ direct questions with an unrelated statement when asked Wednesday at Queen’s Park.

“What I consider is the student achievement that we need to have as our number one priority,” she said. “We’re working with our school boards to ensure that we have the best teachers in front of the students and to maintain confidence for parents across Ontario.”

When asked a second time, she added, “We’re taking a look at how our school boards are working through the system and I can tell you that there will be no involuntary job loss.”

New Democrat Education critic Marit Stiles doesn’t buy it.

“It’s not surprising we’re seeing 369 teacher job losses at Peel, we also saw another 300 in Ottawa, we’ve seen hundreds across the province already,” she says. “We are still anticipating at the end of the day its going to be more like 10,000 teacher or education jobs lost.”

But labelling a change in status a job loss isn’t clear cut and depends on teachers’ collective agreements, says Muneeza Sheikh, an employment lawyer with Levitt LLP.

“Does it seem like a job loss when you’re moved from full-time to part-time and your compensation is reflected accordingly? Absolutely,” she says. “Has there been a violation of the terms of the collective agreement? The answer is no.”

Green Party Leader Mike Schreiner says any move from full-time to part-time should be considered a lost job.

“It’s a full-time-equivalent job loss absolutely. It’s certainly difficult for that teacher and their family to know that they have a permanent full-time job and now you’re an occasional part-time, you lose that regular paycheck that your family needs.”

Thompson says boards will receive their funding notices by the end of the month, which could reduce the number of teachers moved to part-time status. The Dufferin-Peel Catholic District School Board, for example, anticipates that all teachers will retain their full time status by September.

@repost Alimony and Spousal Support

Via Child Custody Schedules

source https://toronto.citynews.ca/2019/04/17/no-involuntary-job-losses-as-hundreds-of-teachers-receive-layoff-notices/

By The Wall of Law April 18, 2019 Off