Are you looking for a free guide to family law? Today we are covering what family law is and how it works.
Many lawyers get into family law because they want to help children. Of course, children are part of families.
And of course, families have problems. When these problems are dealt with in a proper way, it improves the lives of the children.
What Do Family Lawyers Do?
The practise of family law is very diverse. Family lawyers work on adoption, divorce, custody, child support. at other times the lawyers work on protection issues.
It’s a very international practice. Sometimes you might have to work with federal courts. At other times, international courts.
Let’s say there is a couple who lives together in Vancouver, Canada. One of the parents takes the child and moves back to Shanghai, China.
The child is now outside of Canada. The lawyer you hire might be able to get a court order in Canada, but so what?
Free Guide For Family Law
This court order will have to be sent to a court in Shanghai. Your lawyer in Canada will likely have to work with a lawyer in Shanghai.
There will be many challenges. These include language, different laws, and time zone differences.
Hopefully, the two lawyers will be able to work together and get the child back to Vancouver, Canada.
Family Lawyers Do A Lot Of Legal Planning
Family lawyers don’t only go to court. As a matter of fact, only around three percent of cases go to trial. Family lawyers prepare marriage agreements, separation agreements, and file divorce paperwork.
People that do proper legal planning reduce their chances of going to court.
There are massive differences in legal costs between uncontested (no court) and contested (court) family law disputes.
The average uncontested family dispute costs around $2000.
The average contested family issue costs around $10,000. In addition to the legal fees, there are court fees, and process server fees.
People often want to save money by not doing marriage agreements or separation agreements. But they are simply wrong. Statistically, it doesn’t save them money. However, most people think they are the exception.
Family Lawyers Can Also Be Like Accountants
Family lawyers spend a lot of time using expensive calculation software. These programs often cost around $500/year to get. They help the lawyer calculate child support and spousal support. Do not use online software, it’s worthless. There are many factors that come into play when calculating support. Online support calculators often just use a few factors. Also, many of the online calculators are outdated.
There is a fake myth going around that men don’t have rights in the court. I’m not sure where this myth came from. Many men who lose custody of their children seem to use the fact that they are men as excuses. However, when you get down to it, many of those men lost custody because of their criminal past or because they are alcoholics.
Many people that go through the justice system will never accept that they were wrong. When a judge doesn’t see things their way, they get bitter.
If you need more than a free guide for family law, contact us.
Mothers Rights Versus Fathers Rights
All the judges care about is what’s in the best interests of the children.
Don’t assume that because you are the mother, you will win custody. This is total nonsense.
And if you are the father, don’t assume that you cannot win. You have equal rights as the mother.
You don’t have to enforce your rights. You already have your rights when you enter the courthouse. Instead of worrying about what your rights are, think about how you are going to win your case. Your job is to present the facts and apply them to the law. You need to bring witnesses and show the evidence.
Free Guide For Family Law
You don’t need to explain to the judge what rights you should have. Everyone has the same rights. There is no difference between men and women.
You will want to explain how your child is doing in school. Further, you will want to show that the spot where you live is best for the child. Maybe you live near where your child goes to Hockey practice. Or maybe all your child’s friends live near your house. Again, you are trying to show that your plan is in the best interests of the child.
These are just a few things that judges in Canada think about. You want to put together a plan and evidence that suggests that you should have custody.
How Can You Enforce Your Rights In Family Law?
On the other side, if you can show that the child is in danger with the other parent, you can present that evidence. If you have a copy of the police report of your ex-spouse being arrested for assault, you can show that. Often, drugs and violence are what concern Canadian judges the most.
If your ex-spouse was arrested for shoplifting, then that will likely not have any impact. The criminal actions of your ex-spouse need to cause fear in the judge. Basically, the judge is concerned that you are going to hurt the child.
If the ex-spouse is using cocaine at home, you might show that there was Cocaine on the table where the child eats. Obviously, if a three-year-old child ingests Cocaine, that could cause harm. We hope you enjoyed this free guide for family law.
