Questions tagged [family-law]

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

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2answers
138 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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3answers
3k views

Can whatsapp messages be an evidence?

Please first read this question She sent me messages over whatsapp, Is those messages are valid in Indian and Canadian courts?
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2answers
139 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 ...
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2answers
370 views

Married to someone who's not american for 7 years without registration. Will I get charged of bigamy if I married somebody else later?

I am a u.s citizen. I got married(We had a wedding with witness) and lived with my ex-wife who's non-u.s citizen for 7 years without registering our marriage in any country. We've never lived in the U....
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1answer
946 views

Non-custodial parent fails to exercise visitation — what can custodial parent do (NY)?

I have a friend, ten years old, who is going nuts because his father has rejected him entirely since he lost shared custody. But my friend sees his father around town, and this constantly reopens the ...
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1answer
412 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 ...
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1answer
67 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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1answer
99 views

Can a litigant in person prepare the bundle?

https://www.justice.gov.uk/courts/procedure-rules/family/practice_directions/pd_part_27a Responsibility for the preparation of the bundle 3.1 A bundle for the use of the court at the ...
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2answers
197 views

Migration and marriage

I’m considering leaving my country. I’m married to a person who I cherish and love and we got married in our country of birth in a legally recognized, religious marriage and what I mean by that that ...
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1answer
131 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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1answer
97 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
110 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
4k views

Does a Certificate of Service need to be completed before filing a motion with the court

If I'm filing a motion which includes a page called "Certificate of Service", do I need to complete that page and have it notarized before going to court? I ask because it doesn't seem like there ...
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1answer
443 views

Difference between “hereby moves” and “following relief” for change of venue motion

My sister need to file a motion for a change in venue (in North Carolina) to move a court case from a county she previously resided in to the county where she currently resides. But we're a bit ...
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2answers
48 views

Determining gross income to calculate alimony

Wife and husband have a 16 year marriage in Massachusetts. Wife owns business which has been support for household. Husband has refused to work. Husband wants alimony calculated on wife's gross salary ...
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1answer
76 views

Is Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 applicable for a person Scheduled Cast or Scheduled Tribe itself?

Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. I want to know if this act is applicable against who disrespecting own family members who is come under Scheduled Cast or ...
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2answers
206 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 ...
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2answers
69 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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1answer
93 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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1answer
59 views

Child Custody : Cases supporting Father as primary care giver or shared care and control

Does anyone have Court of Appeal cases where by custody is awarded to the father or shared custody is awarded? Basically Father proposed a shared care and control parenting arrangement but mother is ...
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1answer
152 views

How do I reinstate a “lost” birth certificate?

I am attempting to prove my lineage, and need my grandfather's birth certificate. He was born in Bronx, NY, in 1914. My parents did a search for this document in 1997, and got a response that the ...
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1answer
113 views

Are there things that postnuptial agreement cannot have that prenuptial can?

My understanding is that the general purpose of both post- and pre- nuptial agreements is the same, and the main difference is that the timing of when they are signed. But are there legal differences ...
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1answer
375 views

How to calculate Alimony and Child Support in Massachusetts?

For a couple residing in Massachusetts, the Man makes $100,000 /yr before taxes. The wife in last 13 years had mostly stayed at home, or brought in a very small fraction of the family income from non-...
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1answer
152 views

Do non-citizens in France need a notary or lawyer to draft a will?

I am looking legal information that applies to "Next of Kin" and wills in France: My clients are an unmarried couple who are living in France; they are not French citizens. They have a current issue ...
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1answer
74 views

Pressing charges for domestic assualt

My husband (now ex husband) was arrested for domestic assault after pushing me so hard my head hit and broke a table. I didn't press charges at the time because I was afraid of him and under duress ...
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50 views

Is it a crime to run away from spouse and child and declare it as separation? [duplicate]

Is this considered as crime in Canada to run away from spouse and child without meeting their expenses and paying house loan.
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2answers
712 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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0answers
88 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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0answers
28 views

Document stating a person's ability to be an adoptive parent in Ireland

the opinion of a competent authority of the State of nationality of your husband, on his living conditions and his ability to be an adoptive parent; the permission of a competent authority of the ...
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132 views

Ways to speed up a divorce?

Situation: One spouse is interested in getting the divorce over with quickly, and the other spouse is interested in going very slowly. The interest in going slowly is because the status quo is much ...
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0answers
48 views

Child custody jurisdiction

Facts Two parents have in force a child custody agreement (a/k/a Parenting Plan, PP) in U.S. state X. The PP stipulates shared residential time with their minor child between the parents per a ...
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1answer
130 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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2answers
64 views

Parenting plan by youngest or oldest

In modification agreements, do the courts go by the youngest or oldest childs age when deciding parenting plans. The age desparity is by 4 years difference being 2/6.
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66 views

Where to find court rulings related to spousal alimony?

I've been to CAB - https://www.citizensadvice.org.uk/ I've been to a lawyer (initial consultation) some time ago I've been to a meetup - https://fnf.org.uk/ I've read the book - https://www.amazon.co....
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72 views

Can an email to a 3rd party be admitted as an evidence in the court? (Family Law UK)

I am the applicant. Yesterday in the position statement of the respondent there was the following statement: “There is now produced and shown to me marked JS1 a true copy of his email to my friend ...
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1answer
128 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
41 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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2answers
46 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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2answers
76 views

Mother living with felonious ex-convicts; precedent for removal of children

A mother decides to move into a house owned and occupied by people with a criminal background including felony convictions for drugs and violent crimes. What precedent is there in law to have the ...
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1answer
28 views

One child gets the heritage 40 years later?

I have a question about how to deal with the following issue: There's a family with two kids. The family property is 2 houses (same value, one is home to the family and the other is empty). The older ...
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1answer
37 views

Can a non-us citizen grandparent apply for US citizen child's passport?

If US citizen's child's parents, are at work abroad. US citizen child is staying with grand-parent in US. Grandparents are on temporary 6 months visit visa. 1) Can grand-parent apply for passport of ...
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1answer
97 views

Can a family member break into my room and can I take legal actions against it?

Here is the situation. I still live with my family like my brother (we are both of legal age) . We never had a good brother relationship. We always try to avoid each other as best as we can. In the ...
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1answer
74 views

What remedies are available for failure to pay the orderd amount of child support in NJ

In my divorce decree which was in Texas, I was ordered to pay child support, which I paid. In the decree right above the judge's signature was a notice in bold letters that stated that failure to pay ...
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1answer
159 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
207 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
61 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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64 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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1answer
61 views

How is parental authority, as opposed to physical custody or visitation, enforced under the Hague Convention (28)?

Under the Hague Convention (28), can parents request assistance securing Rights of Custody under Article 21's provision for assistance securing Rights of Access? It seems "non-sequitor" that parents ...
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1answer
26 views

What does “as of” date include?

Child support is deducted from my pay. I have a court order in which the judge writes "There shall be no further amount of retroactive child support or ongoing child support as of July 31, 2016 ...
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1answer
53 views

For California divorce default what should the declaration about cohabitation state?

California family law. Request to enter default is rejected, with the statement of If both parties are still residing in the same residence then each party must submit a declaration penalty of ...