In a typical mediation proceeding, each party consults separately with the mediator, and then the mediator brings both spouses together to craft a compromise agreement, which the spouses then sign.
Collaborative divorce is when spouses work together in an honest and open manner to attempt to reach a settlement without having to go to court.
This article discusses how mediation works in a divorce. Usually, a mediator will recommend legal advice alongside the mediation process.
How to Oppose Move Away Request
A legal relocation or move-away situation typically occurs when one parent wants to move with their child or children to another part of the country. In these particular cases, the ruling of a California court can have a serious impact on the child and the parents alike. If you have recently been served with documents in California requesting a move away, your automatic reaction might be to panic. Don’t panic, you can successfully oppose move away request.
Your Influence on Your Child is in Peril
A lot of people find that they feel angry and betrayed, and it can be difficult to contain your emotions, but you must remember that it is important to focus. In these situations, your child’s future with you is likely to be at stake. This is particularly true if the other parent wants to move several states away or completely out of your practical reach. You’re going to need some help.
Bear in mind that move away requests do not always require an order from the court, and some circumstances allow a custodial parent to presume the right to take their children away from a certain location without order from the court. This is why any individual who is concerned that the other parent may take their child to another location should act quickly and speak to a qualified and experienced lawyer.
How to React to a Move Away Request
Perhaps the best thing that a noncustodial parent can do to oppose a move away request is to prove that the relocation would be detrimental to the children involved. This will cause a California court to consider whether a not a move is in the best interest of the child or children. These are just some of the things that a judge will typically consider when it comes to deciding whether to oppose a move away case or not:
- The distance of the move
- The age of the children in question
- The instability of the children and the custodial arrangement
- The relationship of the children with both parents
- The wishes of the children if they are at an age that allows inquiries to be made
- The reasons for the move
- The relationship that exists between the parents, including their ability to cooperate and communicate with one another
- The extent to which custody is currently being shared
The Big Picture
By accessing the help of a lawyer that is works in and knows California family law, you may be more capable of proving to a court that the move away request could be detrimental to your child. This is ultimately what you need to successfully oppose a move away request. Your goal will be to persuade the court that is considering the request that moving is not in the best interest of the child. To do this, you may consider where the child will go to school, and how that school ranks in comparison to their current education.
You could also think about what sort of support system your children will have when they move to their proposed new home, and whether the other parent has planned appropriately for the move in question. Usually, your attorney will be able to help you come up with viable points to argue in your defense.
Minella Law Group Can Help!
If you want to oppose a move-away request it is important to have an experienced move-away request attorney by your side. Minella Law Group is experienced in move-away requests and can give you immediate hands on representation that you need. For more information or to schedule an appointment, click the button below, or call us at (619) 289-7948. We look forward to helping you!
Mediation vs Collaborative Divorce
Points to Consider
When it comes to finding a peaceful resolution in divorce, neither collaborative divorce nor mediation will be the correct path for everyone. The approach that you choose to utilize will depend on the unique factors within your case, individual preferences, and your ability to access outstanding attorneys and mediators.
It is important to understand the differences in your options. The primary feature of mediation is that a professional neutral party, the mediator, helps you negotiate terms with your partner, but has no authority themselves to decide the outcome of the case. Mediators are typically flexible and informal but they are a neutral and will not give you legal advice.
The primary feature of collaborative divorce is that both spouses will be represented by an attorney, who helps them to come to terms and sign a ‘no court’ agreement. The parties are still negotiating out of court but they are all working together to achieve a settlement. With collaborative divorce, spouses negotiate through four-way meetings, and attorneys may involve other professionals within the case. Similarly to mediators, collaborative divorce is informal, flexible, and efficient.
Factors that can Lead to Favoring Collaborative Divorce
Someone who feels as though they need the guidance and support of an attorney throughout their case may appreciate collaborative divorce. In some cases, your circumstances may include complex financial or legal issues that you don’t feel capable of negotiating yourself. In a collaborative divorce, two attorneys help to guide each step of the case, ensuring that you have a professional to confer with, whenever necessary.
Sometimes there are dynamics in a divorce where the parties do not get along. One spouse may feel that they are being taken advantage of or not being heard, you may feel strengthened by the structure a collaborative divorce can bring. Having a quality collaborative divorce attorney at your side can give you the confidence to voice what’s important to you.
Factors that can Lead to Favoring Mediation
Mediation can be more flexible than collaboration, as there only needs to be three participants present, the spouse, you, and the mediator. Mediation is also more flexible in the procedures that you will be expected to follow, meaning that you could have more input in how and when things happen during your case. With mediation, you work directly with the mediator in deciding the substance and process of your case. Some people regard mediation to be more efficient and inexpensive than collaboration.
The reason for this is that you do not have to co-ordinate the calendars of four different people or more, at least two of whom will be busy professionals. Getting everyone together for meetings during a collaborative dissolution can be a time-consuming endeavor, which may add to the cost of the overall process.
Furthermore, California provides laws that are dedicated to protecting the confidentiality of things that are said during mediation, however no such laws have been put into place when it comes to collaborative dissolution. Although you do share attorney-client confidentiality, the four way meetings you take part in will not be considered ‘confidential’ discussions.
Obviously, there are positives and negatives to both options, and you may benefit from discussing your choices with a legal professional before making any final decisions.
Minella Law Group Can Help!
It is important to hire an experienced collaborative divorce attorney such as Minella Law Group with knowledge and experience to successfully negotiate your divorce without involving the court. For more information or to schedule an appointment, click the button below, or call us at (619) 289-7948. We look forward to helping you!