Children in Divorce

LAC Divorce Lawyers are experienced compassionate divorce lawyers who will fight to protect yours and your children's interest in the event of Divorce. Our Divorce Lawyers are knowledgable and experienced when it come to dealing with children in divoirce and will strive to get you the best outcome given your circumstances. LAC Divorce Lawyers will relentlessly pursue your rights.

Divorce is an important issue and can have a detrimental effect on the care, welfare and development of a child. In order to ensure that the best interest of the child are not implicated in the event of a divorce, the Courts will not automatically grant a divorce if there are children involved, unless it is satisfied that proper arrangements have been made.

Proper arrangements

The Court has the discretion not to grant a divorce if it is not satisfied that proper arrangements have been made for the care, welfare and development of all children of the marriage under the age of 18 years.

In considering whether proper arrangements have been made for any children, the Court will take into account, amongst others, the following matters:

• Where and with whom the child will live with;
• The child's progress in school;
• The child's health;
• Agreed arrangements for the child’s supervision;
• Frequency the child will have contact with the parent that they do not live with;
• The financial resources for the family;
• The amount of child support.

Children

A child is a child of the marriage if he or she was treated by the husband and wife as a child of their family during the marriage. These include:

• An ex-nuptial child of either the husband or the wife; or
• A child adopted by either the husband or the wide; or
• A child who is not a child of either the husband or the wife.

Disputes

If there is a dispute about child support or care arrangements at the time of application, the court may adjourn the application until:

• The issues are resolved; or
• Further action is taken, for example counselling; or
• Further specified information is provided.

If the Court is not satisfied about arrangements for children, it may order the parties to attend an interview with a court-appointed family consultant, who will then report to the court regarding those arrangements.

LAC’s Divorce Lawyers can assist you in drafting parenting arrangements, as well as reach an agreement with your spouse. In obtaining advice right from the start, there is a greater chance that the Court will be satisfied that proper arrangements have been made and thus grant the divorce.

If you need advice on your divorce or are contemplating a divorce our expierenced divorce lawyers would be more than happy to talk to you.

 

Children in Divorce Articles

Family Law - Grandparents and Their Rights

Date: January 13, 2012
Author(s): Angelita Manlangit LL.B.
In recent years, the role of grandparents has become increasingly significant. Considering the increase of family breakdown, participation of both parents in the labour force, financial difficulties, single parenthood, cost of child care, more grandparents are yearning to know their rights on how they could regularly contact their grandchildren and what they can do to help care for their grandchildren.

Family Law - Hidden Assets: How can the law protect you?

Date: November 08, 2011
Author(s): Angelita Manlangit LL.B.
Obtaining a property settlement due to divorce can be a very complicated procedure which often causes great angst and stress amongst all parties involved. Our Family Law Solicitors understand that as a result, people are often led to hiding their assets, in order to ensure that their former partner does not receive a just and equitable amount. However, this is a breach of their statutory obligations to make a full and frank and disclosure and our Family Law Solicitors will ensure that all information are brought to the table by your former spouse.

Family Law - Property Financial Statements

Date: November 08, 2011
Author(s): Angelita Manlangit LL.B.
In financial cases, parties are required to file a financial statement with their initiating application. A financial statement contains a detailed summary of an individual's financial condition. The parties must also file an amended financial statement later in the proceedings if their circumstances change.

Family Law - Property Settlement Proceedings

Date: November 08, 2011
Author(s): Angelita Manlangit LL.B.
The parties to the marriage are under a legal obligation, under the Family Law Rules, to try and resolve and differences between them by way of an alternative dispute resolution (ADR). ADRs may include negotiation, family counseling, conciliation or arbitration. In the event that ADR is unsuccessful, try writing to the other party, setting out your claim and perhaps making proposals for settlement.

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