Family Law encompasses major issues that affect individuals emotionally and personally, such as divorce, separation, custody issues, alimony payments and child support payments. When faced with these difficult legal matters it’s essential that a knowledgeable, caring lawyer be in your corner during these trying times.
Contempt of court is when someone does not abide by a court order in family law case, regardless of their reasons or intentions. Once this has occurred, a judge will listen and decide what should happen next.
Arbitration
Family law arbitrators is an impartial third party who aids families in solving their disputes outside of court. An arbitrator listens to both sides before reaching a decision that all involved must abide by. This process is quicker and cheaper than waiting for court dates.
Sometimes people do not follow the rules made by a family law judge in a family law case. This is called contempt of court and can have serious repercussions; depending on how severe, judges can punish those responsible with fines or even jail time.
Courts may limit or take away visitation or custody rights if it appears that one parent is harming or endangering their children in any way, in order to ensure their safety. There are also laws in place to provide assistance for people experiencing domestic violence – these can help get a restraining order against those responsible.
Court Orders
Court orders are the rules set by judges to keep things fair and safe in family law cases. Judges create these orders so everyone is treated fairly.
Contempt of Court (COC) occurs when people fail to abide by court regulations. When individuals refuse to follow these rules, the court can punish them by issuing fines or sending them directly to jail – hoping this will convince them to adhere once more to them. The goal is for everyone involved to cooperate within society as a whole.
One of the most critical rules when filling out papers like a financial affidavit is being honest. This document lists everything you own so the judge can make fair decisions about things like child support. Furthermore, this allows them to detect whether any assets may have been hidden from another parent and could impact on a final order.
Special Masters
When faced with cases that consume too much of their time due to complex issues of law or expert testimony, rancorous parties, or unusually complicated factual disputes, it may be appropriate for a judge to appoint a special master. Masters are typically former judges or experienced practitioners who can assemble, organize and distill vast quantities of data before holding adversarial hearings to reach findings of fact.
These findings can then be integrated into a jury trial or other court proceedings; however, scientific or technical evidence heard by a special master may likely be excluded from jury consideration.
In the Trump case, for example, a special master is currently reviewing some 11,000 pages of government records seized from Mar-a-Lago and has the authority to determine which documents can be used as evidence and which must remain confidential. While an appointed judge does have the option of appealing rulings from special masters, this rarely occurs.
Child Custody
New York family law courts use parenting plans or custody agreements to establish custody arrangements. Married parents typically share equal custody rights of their children without court intervention; unmarried fathers can establish parental rights through separate legal proceedings and obtain custody through that process as well. When it comes to physical custody arrangements, courts may award one parent primary residential care while permitting both to share time and responsibilities according to an agreed schedule or schedule agreement.
If a Judge grants joint legal custody, both parents can make major decisions about their child’s health, welfare and education jointly. Otherwise, sole physical or sole legal custody could be awarded instead; finances will likely only play a limited part in this decision; courts will consider arguments of each parent that they feel would help provide safe housing environments for their child; financial disparity alone will likely not suffice as grounds to award custody.