When it comes to family legal matters, parenting is one of the major issues that arise. Cases regarding parenting issues tend to arise almost every day, either from abandonment, couples divorcing and such cases. Family legal has something to do with children and parenting issues in more than one instance.
Parenting time is ordered by the court in the final judgment; however, custody, parenting time, and support can be ordered by the court as temporary orders if they are needed during the pendency of a divorce case while the issues are being decided.
The temporary orders apply if the parties need to court to order a temporary parenting time, temporary custody so that these parties can at least know who gets the child when and where until their trial. But for the most part all of these matters are incorporated into the final judgment.
You can have a situation where neither parent is in the child’s life for a period of time for whatever reason. For whatever reason, it becomes a situation where the grandparents are now the primary care givers for the grandchild.
But typically, grandparents are acting as primary caregivers just under a tacit agreement between all the parties, there is no court order. Then some period of time of later a parent will come back and assert their parental rights. Under the law, if there’s no other person with a court order saying that they’re entitled to custody, then the parents are the ones who are entitled to make all those decisions as to who can or cannot be involved in their child’s life.
Legal matters require handling by experts who know how to handle everything concerned to get the best results. If you are dealing with such complicated family legal matters as restraining orders, things to do with children and marriage issues among others, you may have to get legal aid on what to do, and how to get it done right.
Applications for a non-molestation order or occupation order;
Applications for a restraining order under the Protection from Harassment Act 1997;
Representation for children who are made party to private family law proceedings;
Applications for forced marriage protection orders;
Proceedings brought by the local authority for a care order or supervision order;
Cases where your child has been or is about to be taken out of the UK without your consent;
Exceptional cases if the refusal of legal aid would infringe your rights under the European Convention on Human Rights (ECHR) or your EU rights to legal representation.
Most family cases will be means tested; so you will have to show that you cannot afford to pay legal costs. You will be required to give information about your income, benefits, savings, property and shares and those of your partner.
For some cases you can get legal aid regardless of your financial means. Non-means tested legal aid is available for if your child is subject of care or supervision proceedings or if your child has been abducted into England and Wales. You may qualify for legal aid for some injunctions such as a non-molestation order but you might be required to make a contribution.
Family law matters are expensive pursuits which need prudence in following up on. Either as a family or as an individual, you need to be very careful in dealing with family legal issues to cut on the costs that you may have to incur. Here are a number of ways you can lower family legal expenses without much struggle.
Get a couple of real estate agents to come and give you an appraisal on your house so you have an idea of what it is worth.
Do a “redbook” search on all motor vehicles and give them to your lawyer.
Obtain valuations for all superannuation funds you and your former spouse has using this form.
Prepare a Statement of your Assets and Liabilities and a Financial Statement. The values on it should link up with any appraisals you have obtained.
Remember that lawyers charge you for their time – it doesn’t matter if it is in person, on the telephone or reading and replying to emails. Instead of sending lots of short emails, put it all into one email and send it.
Ask your lawyer to BCC you on all correspondence to the other party so that you are kept in the loop about your matter but also don’t have to pay for a separate email to be sent to you forwarding it on.