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Questions tagged [family-law]

Law regarding domestic matters, such as the relationship of spouses, or between parents and children.

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57 views

“Ignorantia juris non excusat” vs "defence for the accused to prove that he did not know?

I thought that https://en.wikipedia.org/wiki/Ignorantia_juris_non_excusat is one of the core principles of the law and how it is structured. Here is a snippet from the UK law: https://www.legislation....
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1answer
28 views

Mental Capacity of family member with means

I have a family member who has over the last few years made quite a lot of money. Recently he has been diagnosed with bi-polar. He is ATM off his meds and is currently on a 'high' and spending a ...
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1answer
111 views

Possible custody problems involving parents of different nationalities

Situation: Women residing in Spain (but different EU national) gave birth in Spain. Father of the child, who is a UK national is legally known and present on the birth certificate, was present at the ...
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1answer
86 views

Child expressly wishes to live with other parent. What is legal position of that other parent? (in general terms)

I am intending to phrase this in broad terms so that it may be useful to posterity, not just myself. The broad situation is: Location is England, United Kingdom Father and mother are physically ...
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2answers
106 views

Who is “suitably qualified person” and what certificate is required with statement of truths in Family Law in the UK?

Situation I cannot talk because using my name would disclose name of the other parties. Asking a friend to help me out - we've been working together for a year and spent a lot of time hanging out ...
12
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1answer
116 views

Can male guardians prevent Egyptian women from leaving the country?

As an unmarried adult Egyptian woman living abroad with a valid Egyptian passport, can my father/brother/... stop me, by law, from leaving Egypt after a visit there? I know I don't need to show a ...
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0answers
49 views

Undertakings have expired - am I allowed to do whatever I want?

Previously I’ve asked question about undertakings - Non-molestation - undertakings - Legal Aid - is it possible to appeal? - whether there is a way to dispute them. (what I did not realize at the ...
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1answer
52 views

Impact on visitations after license is revoked due to failure to pay child support

The background (United States): Wife took four children and left husband due to abuse After a very contentious separation, husband was awarded partial custody (every other weekend, one evening a week)...
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1answer
141 views

Non-molestation - undertakings - Legal Aid - is it possible to appeal?

Facts: One thread of legal proceedings. The second thread of legal proceedings is regarding non-molestation. I didn’t want to dispute accusations, so much bullshit, so much drama. I thought I ...
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1answer
101 views

Upcoming Child Support Hearing

Back story: I am male, 50 years old. 25 years ago, in New York State (USA), I and a bunch of coworkers occasionally would go out for drinks on Fridays after work. One of the regulars in this crowd is "...
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2answers
90 views

How easy can a divorce be dismissed for lack of jurisdiction?

Two people are married for 20 years. They used to live in Pennsylvania but moved to New Jersey across the river and lived there for two years. Wife gets kicked out around January 1 by husband so she ...
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1answer
92 views

How legally enforceable are documents giving up paternity?

I have recently been witness to an argument between two acquaintances and since neither of them were lawyers, I offered to post to Law.SE to try and resolve it. For context: since same-sex marriage ...
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1answer
38 views

How guaranteed is it that the child abuse info used in a civil custody proceeding would result in criminal prosecution of the abuser?

I know that the burden of proof in civil cases is not necessarily as high as criminal ones (citation: i paid very loose attention to O.J. Simpson cases). However, I realize that there may be nuances, ...
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1answer
73 views

Can records of custody court cases be searched in NYC? If so by whom?

Person A has a need to find person B. They do not know person B's name or other identity, but know they are somewhere in New York City, New York, USA. But they know the following about B: within ...
4
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1answer
63 views

Can direct payments around the court harm a divorce case?

During a divorce proceeding the court ordered the father to pay 1xxx a month in child support through the court/state supervision arrangement. The mother is living away from the father with the child....
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1answer
42 views

How to postpone a hearing? First appearance. (NY) (Family Law)

Would you please inform me of the/a proper and respectful procedure for having a hearing postpones or rescheduled? I would like more time to prepare for a family court case in which I intend on ...
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1answer
80 views

Motion or Demand for Discovery (NY) (Family Law) [closed]

First appearance; I am not using a private nor public attorney. In a family court case, can I "motion for discovery" prior to a first appearance? Should I be "motioning for discovery" or "demanding ...
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1answer
97 views

I am an American about to marry a Russian girl in Russia. Do I need a pre-nup?

My fiance is not a "Russian bride"; she's a real girl I've been dating for a year, we love each other, and want to get married. If we marry in Russia, do I need a pre-nup? If we later on get a ...
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1answer
149 views

Can I force my wife to have a DNA test on a child?

Long story cut short my wife had an affair while we were still living together and I found out she was pregnant shortly before finding out about the affair. She resists talking to me about the unborn ...
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0answers
118 views

Is it illegal for a family member to withhold/hide a child's UK passport from the child's parent? [duplicate]

My children's Auntie (father's sister) and gran mother (my mother) are withholding my daughter's passports without my permission. Their father and I are not together. Is there anything I can do to get ...
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2answers
27 views

Does the law provide for any defense or help for defense in civil family cases?

A man and woman who are not married have a baby. During the pregnancy the two split up. The woman sues the man for shared custody of the child and he is ordered to pay child support. He regularly ...
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1answer
222 views

In the US, at what age can a child refuse to attend a religious service mandated by their parent?

If a child has determined that they don't want to attend religious services with their parent, at what age can they no longer be compelled to do so? Given: A parent is stating to their child that ...
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1answer
932 views

Can the mother of a child keep the father's name off of the child's birth certificate?

A man and woman have a baby but they are not married. They split up before the baby is born. After the baby is born, the mother sues the father for child support, wins and the father is ordered to ...
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2answers
170 views

When is it Illegal to Lie in Inter-Personal Relationships?

I casually date someone. We split restaurant bills and have consensual sex. I lie about my income, health, age, name, and marital status to them. Is this lying illegal? Already looked at When it ...
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3answers
170 views

“Reward” for each biological child in prenup agreement?

Let's assume this hypothetical scenario where: to-be husband does not want to enter marriage without prenup agreement that clearly ensures separate property; AND to-be wife does not want to have ...
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1answer
38 views

Can I file a petition for a family law matter myself?

My aunt filed for guardianship of my daughter, I contested it and hired an attorney to represent me. He wanted $1500 and I paid him in full. We went through the hearing that included the most ...
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3answers
95 views

What type of lawyer do i need for suing the state?

So, let me get specific so I can get a more accurate answer. My fiance's daughter had been in the custody of the State of Oregon for about 10 years. Yes, a ten year open case. She was taken from her ...
2
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1answer
107 views

Can males be held liable for child support for wife's child?

Lets say a single male living in California were to get married to a woman who has an existing one year old child from her previous marriage. If in the future they were to get divorced, how much of a ...
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0answers
48 views

What methods do lawyers use to find hidden property and assets during divorce

When divorce attorneys are helping clients, what methods do they have at their disposal to find assets and property that has been hidden by their opponents clients? Is there a proper phase for this ...
2
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2answers
108 views

Can a person sign away alimony after marriage

Hypothetical question: Mary and Sam have been married for 20 years. During the marriage both persons commit adultery and reconcile at different stages of the marriage. Let's also say there is still ...
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1answer
99 views

What happens if I don't show up to the Court (DRA, Family Court, UK)?

The matter is listed for an adjourned DRA on _____ _____ 2018 10AM. The parties to attend at 9AM. DRA = Dispute Resolution Appointment I want to know what would happen if I don't show up for the ...
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1answer
88 views

Did the judge try to order me to pierce the corporate veil?

In a legal proceeding a couple of months ago, I was unfortunately at the disadvantage of not being represented by my attorney. (There is a reason which is unrelated to this question.) I'm not a ...
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0answers
89 views

How can I legally petition for a home that has been in the family for generations but the deed has another name on it

There is a house in my family that has been lived in for almost 70 years. Originally the family member that purchased the house used a family friend to procure the mortgage (she did not know better as ...
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1answer
89 views

Illegal to leave child younger than 14 alone in Illinois?

I saw in an article a list that implied that in Illinois it is illegal for parents to leave any of their children unsupervised at any time by an adult if the child is under 14 years of age. Is this ...
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1answer
46 views

Is an adult child representing one of their parents in a divorce case a conflict of interest?

I couldn’t find the answer to this question anywhere, so I thought the experts here will be able to address this. In a divorce/family law case, can a son who is a lawyer defend one parent against ...
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0answers
32 views

Ex Parte Communication

I was in court today on a matter pro se. After the ruling has been issued and terms set for the resolution, I left the courtroom to attend to another matter with the permission of the court. During ...
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1answer
41 views

How is child custody/visitation determined when there is no marriage?

A man and woman have a child in Pennsylvania. They are not married. Before the child is born, they end their relationship. Each parent finds another partner and they live separately. What are the ...
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0answers
72 views

Can I pay an ex-relative not to use my family name and make it stick

I would prefer that my ex-daughter-in-law not use my family name as hers. The divorce decree says she may do so. She is motivated by money, so may be interested in changing her last name for a price....
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4answers
172 views

My parents purchased a condo under my name, can they legally take the condo back?

I live in Ontario, Canada. Due to conflict with my parents, they are claiming that by law they can force me to give back the condo to them (or repay them the amount of the purchase) since they paid ...
3
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1answer
84 views

Connecticut, USA: Spousal right to use vehicle purchased before marriage?

Hypothetical situation in CT, USA: Before A and B are Married... A owns 2 vehicles. B owns 0 vehicles. During marriage... A is the sole source of income. B did not have a job when they met, and ...
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0answers
37 views

No money to pay family court attorney. Now what?

I have a friend who is in a legal battle in family court. The Ex asked the court for a modification in child custody provisions. The case started a few months ago but has been inactive (no ...
2
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1answer
115 views

Paying Kindergarten for the kid of my wife

Currently living in Germany (Baden Württemberg) and married to a German girl having a kid. Before, my wife was not working, so the country was paying the kindergarten for her kid, but now as married, ...
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0answers
76 views

What is the correct way of communicating with the Family Court in the UK? [closed]

I have ongoing proceedings at https://courttribunalfinder.service.gov.uk/courts/croydon-magistrates-court-and-family-court I had a hearing on 20th Nov 2017. Next hearing is scheduled for February. I'...
2
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1answer
86 views

Do I inherit some portion of property if there's no will?

My mother passed away without a will a month ago. She owned a house with my stepdad in Albany, NY. He still lives there. I live in FL. What portion of the estate value do I get as a result?
2
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1answer
148 views

Ex wife moving out the country with my daughters

My ex-wife is planning to move out of the country (to France) next year with my daughters (12 and 10 years old respectively). We have shared custody. I pay alimony (been paying for 7 years, 3 more to ...
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0answers
21 views

Canadian Law : spousal abandonment clarification [duplicate]

I've been trying to research this answer for some time, and not been able to come up with any answer pertaining specifically to Canadian law. If one spouse just "gets up and leaves" the other who has ...
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2answers
1k views

In a marriage, can one spouse just run away and declare this a “separation”?

My friend’s father ran away from his wife after 30 years of marriage. He left her with all of the debts to pay and no income to support. He then hired a lawyer sending her a wish to negotiate a ...
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1answer
68 views

To what extent can a trust be used to safeguard your assets against alimony

So in my reading I've come across a case (Prest v Petrodel) where a man wholly owned several companies, and purchased property in their name, but basically treated it as his property. Anyway, it ...
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2answers
94 views

Can behaviour of a witness in a witness box affect the outcome of the proceedings?

I'm getting myself ready for the court hearing and I need to verify factual accuracy of the following statements. The Judge takes account not just of what is said, but also of how it is said, of ...
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2answers
82 views

Can residential/custodial parent change our kids health insurance unilaterally?

We have a parenting plan that designates all health decisions as "jointly made." The other parent previously had our child on their employer insurance plan. They just changed jobs and hence insurance ...