Mills & Reeve | Family and children’s Post

Interesting summary of current family law topics. The transparency changes are particularly important for high net worth or publicly prominent people, in relation to whom the press will be interested in publishing any salacious details. Not the point of the transparency project but is the reality of print media. It may be possible to avoid this with #familymediation or #arbitration. Mills & Reeve | Family and children

Misinformation campaign continues by Irish government TD Bernard Durkan "As we know, the correctly maligned parental alienation clause has been introduced to this country. It has not been recognised anywhere, but has been successful in its efforts to deprive children of their mother or father. To my mind, the most insensitive thing to do is to remove a child from its mother or father, in particular when there are no real valid reasons to do so other than an adjoining dispute relating to property or whatever. It comes down to custody as a means of last resort in order to win a case." There is no Parental Alienation Clause in Irish law? Where is it Mr Durkan? Parental Alienation is recognised throughout the world as what it is psychological child abuse So allowing an parent found to be alienating to have custody rather than the non abusive mother or father is preferable? Really? I will comment briefly on the parental alienation concept that has been established in the courts. This has never been peer-reviewed and has never been accepted by peers anywhere in the world. The concept has been discussed all over the globe - throughout Europe, in this country, in the UK and in the US - and the same questions come up every time. The person who first invented the clause had a very chequered history in the context of the attitude to children and to women. I will go no further than to say that because that is a fact, as the Leas-Cheann Comhairle and I know. I welcome the fact that this issue is being addressed at long last. I hope that if flaws are discovered that imply there should be a further visitation to correct any provisions that may be insufficient to deal adequately with a situation as presented, that should be done whenever that occasion occurs. This is a lie as Parental Alienation has been peer reviewed in a succession of over 1000 academic papers and is growing. In reality Parental Alienation is real sadly and there are little or no consequences for this child abuse and coercive control of a parent often for a lifetime! https://lnkd.in/ek-rrakf

🔍 Exploring the Intersection of Legal Capacity and Personal Decision-Making! Dive into our latest blog, "James v James: A Reminder That Irrationality ≠ Incapacity," where we unpack a pivotal court decision shedding light on the fine line between irrational decisions and legal incapacity. Justice Faieta’s ruling illuminates the essential legal standards for assessing someone's capacity to manage their own affairs. Are you curious to learn more about how these judgments are made and what they mean for elderly autonomy? Click the link to read the full analysis and gain a deeper understanding of capacity in law. 📖✨ https://ow.ly/1zq650SETiZ #HullonEstates #Capacity #Irrational

Do children affect your financial settlement? 💳 When it comes to children, the law is complex.  All children under the age of 18 will be considered in a financial settlement.  Although their needs must be considered, this does not mean they are considered most important.  It is essential to seek early advice from a family solicitor with experience in this area. Connect with our team here: https://bit.ly/49gQFMa. #childlaw #children #finance

Should the UK Law on Prenuptial Agreements be Revisited? In light of the withdrawal of legal aid, are judges able to transparently balance dependence and autonomy when assessing the fairness of prenuptial agreements? How does this lack of transparency contribute to public frustration and the vilification of women? Can new legislation help us avoid this whirlwind of emotions? I explored these issues in my submission to the Vardags essay competition. You can now read my published work below! https://lnkd.in/e6fa-Hur

When most people think of a de facto partnership, they think of a couple who live together and are not married 👩❤️💋👨 While that is correct, in the eyes of the law, that is not entirely the case. In fact, sharing a house or even a room (with your partner) does not necessarily mean that you will be considered a de facto partner should one of you pass away, and therefore entitled to the deceased’s Estate ⚰️ When assessing if you were or were not a de facto partner, the court takes into consideration a wide range of factors relating to your relationship to establish whether you were living together on a “genuine domestic basis”. This includes how dependent or independent your finances were, if you have any mutual interest in property or other investments, if there were any children in the relationship, and how you presented as a couple to the public. Sharing a common residence is a factor that the court considers, however it does not necessarily hold more ‘weight’ than any other circumstances 🏡 Your relationship status is crucial for many different legal situations, like matters that include property division, matters concerning children and parental responsibilities, and even drafting your Will. The most important, however, is during the administration of your Estate. This is because spouses (including de facto partners) receive priority if the deceased has died without a Will 😪 To ensure that the Estate of your loved one has been administered correctly, contact MMLaw today☎️ #mccolmmatsingerlawyers #lawyers #sunshinecoast #locallawfirm #lawfirm #legalhelp #legalexperience #legal #established #premiumservice #business #efficient #accurate #legalservices #expertise #localknowledge #progressive #lawyer

Back to the Future? "In 2012, after three research studies found that victims of abuse were not being protected in the family law system, then-attorney general Nicola Roxon announced another set of reforms to the Family Law Act ...Under the current Family Law Act, judges are to prioritise the protection of children “from physical or psychological harm and from being subjected to, or exposed to, abuse, neglect or family violence”. This is to be a higher priority than the “benefit to the child of having a meaningful relationship with both parents”. (Report from Jess Hill, Guardian 2019) The bottom line is that Governments, Lawyers and Judicial Officers have known about this for years. Time to take action. Class Action www.metoofamilycourts.com

This area of the law needs reform. Costs are currently rarely awarded in private children proceedings. This must change. Judges need more guidance, parties need to be forewarned, the system should be altered. Not to do so means that the court can be used to perpetrate post-separation abuse #childrenproceedings #familycourt #financialabuse #lawreform https://lnkd.in/eRfGmK86

Our Alfred Ip discusses the importance of Elder Law in an article published on the September issue of the Hong Kong Lawyer – the official journal of The Law Society of Hong Kong. From Estate Planning and guardianship to healthcare decisions and long-term care, Elder Law encompasses a broad range of issues that directly impact the quality of life for seniors and their families. It’s everyone's responsibility to advocate for the rights and well-being of older adults, helping them and their carers navigate complex legal landscapes. The article is also available in Chinese: https://lnkd.in/gPyT3gtc #LegalIssues #ElderLaw #AgingPopulation #LegalAdvocacy #SeniorCare #AgingWithDignity https://lnkd.in/g5_6J5YJ

Check out this great article on Legal Ease: Why a living will is necessary by Rebecca Hobbs, CELA. https://ow.ly/9uqa50SZrZ9 #LivingWill #EstatePlanning #ElderLaw #LegalAdvice #CertifiedElderLAwAttorney #CELA