When parents separate or divorce, it is difficult for everyone. Both parents need to know that they will be involved in their children lives. Children need to know that they have two loving parents who still want the best for them. In response to the increasingly common and altogether devastating battle for children and their support, the Florida legislature has shifted the language and focus of child custody and visitation laws toward a shared parenting model.
February 25, 2010 /24-7PressRelease/ -- Parenting Plans Allow Shared Responsibilities for Florida Parents
Language Changes to Florida Family Law
In the past, Florida family law statutes referred to issues relating to children as custody, visitation and support. To reinforce a more equal distribution of parental responsibility, the Florida legislature removed terms such as "custodial parent," "non-custodial parent" and "primary residence." The terms "custody" and "visitation" were, respectively, replaced with phrases like "shared parental responsibility" and "time-sharing" to offer a positive spin on concepts that are often intensely negative and somewhat outdated. The term "support" still exists in relation to child support and other financial obligations.
Laws Assume Shared Parenting
The revised statutes assume shared parenting from the beginning of a child placement or support case. This model empowers parents to create comprehensive parenting plans that address child-related issues outside of the courts.
As defined in the Florida family law statutes, "shared parental responsibility" means that both parents discuss and agree on important decisions regarding the child's well-being. Parents may request, and the courts may decide, that the major decisions are divided between the parents, or that one parent should assume ultimate parental responsibility for particular areas of decision-making, such as health and education.
The court may grant sole parental responsibility to a parent if shared parenting would be detrimental to a child, for example, cases involving domestic violence or child abuse. Time-sharing may or may not be granted in this situation, based on what is safe for the child.
Designing a Parenting Plan
It is common for separating or divorcing couples to get caught up in an emotional fight with each other. The new requirement for parents to work together on a parenting plan transfers the focus from breaking down their relationship to building an agreement that defines their parental responsibilities. Parenting plans can be as specific as necessary, but must include agreed-upon details about decision-making authority, time-sharing schedules and support arrangements.
In addition, the updated Florida family law statutes require that parenting plans cover:
-Responsibility for daily care, including care by third parties
-Modes of communication and information sharing
-Education and extra-curricular activities
-Health care costs and emergencies
-Religion
-Other factors that impact physical, social and emotional well-being
Parents may also want to use the parenting plan to address specifics such as coordinating transportation and exchange of the children, planning foreign or domestic travel with the children, and how to resolve parental relocation or other disputes that may arise at a later date.
Court Involvement with Parenting Plans
Courts evaluate all parenting plans before deciding to approve, modify or reject them. If parents cannot develop an acceptable parenting plan, or if issues like domestic violence exist, Florida courts have the authority to establish one for them. In this case, courts do not favor either parent because of gender. Instead, they consider both the best interest of the children and the circumstances surrounding the relationship between the children and both parents.
If family situations change after a court approves a parenting plan, the parents can agree to make updates. If there are disagreements about a parenting plan, in whole or in part, a parent can consider seeking modification of the parenting plan. Potential modification of the parenting plan will depend upon the unique facts and circumstances of each case. It is the ultimate goal of the State and the Courts to ensure "frequent and continuing contact with both parents" through enforcing appropriate parenting plans.
Making the Divided Family Whole
Laws should protect the rights of those in our society who are most vulnerable, especially children. When States, such as Florida, draft family law statutes, they use the generally accepted "best interest of the child" standard. Courts also apply this standard to cases involving parenting and child placement or support matters. However, outside of the legal realm, parents should be the primary decision-makers when it comes to protecting their children's interests. The updated family laws in Florida reaffirm this notion and seek to make the divided family as whole and functional as reasonably possible under the circumstances.
If you have questions about how the Florida family law changes impact your past or future parenting arrangements, or if you wish to create a customized parenting plan, contact an experienced family law attorney near you.
Article provided by TIMOTHY W TERRY
http://communicationhelper.blogspot.com/2010/02/florida-strengthens-shared-parenting.html
Wednesday, 31 March 2010
Monday, 29 March 2010
Domestic violence | Home Office
Domestic violence
Whether it occurs in public or in private, violence is unacceptable and we are determined to do all we can to prevent it.
What is domestic violence? Domestic violence is any threatening behaviour, violence or abuse between adults who are or have been in a relationship, or between family members. It can affect anybody, regardless of their gender or sexuality.
The violence can be psychological, physical, sexual or emotional. It can include honour based violence, female genital mutilation, and forced marriage.
Domestic violence Home Office
Whether it occurs in public or in private, violence is unacceptable and we are determined to do all we can to prevent it.
What is domestic violence? Domestic violence is any threatening behaviour, violence or abuse between adults who are or have been in a relationship, or between family members. It can affect anybody, regardless of their gender or sexuality.
The violence can be psychological, physical, sexual or emotional. It can include honour based violence, female genital mutilation, and forced marriage.
Domestic violence Home Office
Agony of the frozen-out fathers A new BBC series explores the reasons why fathers lose touch with their children post-separation. Cassandra Jardine investigates.
Watching a preview of next week’s BBC series Who Needs Fathers?, I felt ashamed to be a woman. The men on the programme appeared to be loving, attentive fathers – not extremists in Batman costumes. All they wanted was to play their part in the upbringing of their children. But, at every turn, it seemed, vengeful, short-sighted women were selfishly trying to thwart them.
These mothers cancelled contact arrangements, scuppered telephone calls, made false allegations of abuse, and prevented the men taking their children on holiday. “Honestly, I feel like throwing in the towel,” said one tearful father, who sat in his car outside his ex’s front door, waiting in vain for the children to come out. Only an emergency court order won him the day.
http://www.telegraph.co.uk/news/features/7528771/Agony-of-the-frozen-out-fathers.html
These mothers cancelled contact arrangements, scuppered telephone calls, made false allegations of abuse, and prevented the men taking their children on holiday. “Honestly, I feel like throwing in the towel,” said one tearful father, who sat in his car outside his ex’s front door, waiting in vain for the children to come out. Only an emergency court order won him the day.
http://www.telegraph.co.uk/news/features/7528771/Agony-of-the-frozen-out-fathers.html
Tuesday, 23 March 2010
23 March 2010: Rffj Belfast meeting - 2pm Sunday 28/3/10
The Belfast Branch of RFFJ are holding a meeting on Sunday 28th March, in the first floor lounge of the Europa Hotel, Great Victoria Street, Belfast at 2pm.
Link to map >Click Here<
The agenda for this meeting is to discuss our way ahead, future protests, our achievements to date, political responses etc.
Current members and new supporters from N. Ireland and the Republic of Ireland are welcome.
Further details email peter@realfathersforjustice.org
http://www.realfathersforjustice.org/news/index.php?itemid=342
Link to map >Click Here<
The agenda for this meeting is to discuss our way ahead, future protests, our achievements to date, political responses etc.
Current members and new supporters from N. Ireland and the Republic of Ireland are welcome.
Further details email peter@realfathersforjustice.org
http://www.realfathersforjustice.org/news/index.php?itemid=342
Sunday, 21 March 2010
Where are our Rights??
A guy has 4 kids, plus one who he has brought up for 10 years. The mother has a history of drug and alcohol abuse, and also of going out for days and not coming home.
This has happened again, but only this time, the mothers sister has the kids and the father can do nothing about, as the mother was so sneaky as to not put his name on birth certificates.
Now where is the fairness in this??
This has happened again, but only this time, the mothers sister has the kids and the father can do nothing about, as the mother was so sneaky as to not put his name on birth certificates.
Now where is the fairness in this??
Friday, 19 March 2010
Real fathers for justice Press Release 19/03/10
Real fathers for justice Press Release 19/03/10
Staff ‘denied access’ to family court
This morning at around 5am a lone activist barricaded the entrance to Darlington county court with a motorcycle chain.
The action was to highlight an injustice meted out in the family courts to a serviceman who had recently returned from a tour of duty in Afghanistan.
Real fathers for justice can confirm we were approached for assistance prior to this stunt by a serving soldier, he wishes to deny staff access to the building the way they have assisted his estranged wife to deny him access to his home and children.
An Rffj spokesman said:
“Although we were not directly involved in this stunt we have sympathy with this father and fully understand why he chose to break the law”
“We suggested if he was determined to protest that as today was St. Joseph’s day, the patron Saint of fathers, it would be an appropriate day to take peaceful direct action”
“The father in question is a serving soldier so cannot be identified, we will call him Clive”
Clive asked us to prepare the following statement as to the reasons he took the action this morning.
“I am a decorated soldier and have recently completed a 6 month tour of duty in Afghanistan; I also served in the conflict in Iraq.”
“I recently returned from duty fighting the Taliban in Afghanistan to find that judges at Darlington county court had granted my wife a non-molestation and an occupation order of the marital home, this was all done ex parte in my absence whilst serving Queen and country overseas”
“My wife has since moved her new lover in and has been denying contact to our 2 young children”
“If this is how the courts treat a serving soldier based on a false allegation, imagine how they could treat you”
“All my wife needed was to say there was a ‘perceived fear’ of what I may do when I found out about her affair, the judge said because I was a soldier I was ’obviously violent’ he then granted her an occupation order and has denied me going within a mile of our home”
“I’d prefer to be fighting the Taliban than fighting the legal system, they operate in secret behind closed doors and the judges remain unaccountable for their actions”
“I’ve already seen a Cafcass officer who has told me I’m looking at an occasional hour with my kids in a supervised contact centre, probably for at least the next 6 months”
“Due to the sheer frustration and the delays in dealing with my case, I feel I have no other option but to protest in this way, so I decided to give the Judges a taste of their own medicine and ‘deny access’ to their court”
“Perhaps while they are waiting for the chains to be cut, they might reflect on the damage they have done to my children in denying them contact with their father”
“We spend billions of pounds fighting the Taliban; they have killed hundreds of my colleagues”
“The family courts are responsible for at least as many deaths through fathers deprived of hope, taking their own lives, yet we actually support them through our taxes”
He was quite upset, but went on to say;
“The Taliban sneak about and plant I.E.D's (improvised explosive devices) in the cover of darkness. These bombs not only kill soldiers but maim and kill children. I would say that family courts are just like the Taliban.”
“I left my family to serve my country, and to help other families live a life of freedom in Afghanistan.”
“My children have been maimed for life, just for like those children in Afghanistan that are caught in I.E.D explosions. They may not have lost limbs or have scars, but they have lost a father who loves them “
He was quite upset, but went on to say;
“The Taliban sneak about and plant I.E.D's (improvised explosive devices) in the cover of darkness. These bombs not only kill soldiers but maim and kill children. I would say that family courts are just like the Taliban.”
“I left my family to serve my country, and to help other families live a life of freedom in Afghanistan.”
“My children have been maimed for life, just for like those children in Afghanistan that are caught in I.E.D explosions. They may not have lost limbs or have scars, but they have lost a father who loves them “
Notes to Editor
Real father for justice (Rffj) is a breakaway group from Fathers 4 justice and was formed in June 2005.
Rffj last hit the North East headlines on father’s day 2008, when Simon Anderton spent 3 days protesting on the Tyne Bridge Newcastle, after spending 4 days incarcerated for the peaceful protest he was later cleared of any wrong doing by a jury in Newcastle crown court.
Rffj campaign for accountability and transparency in family law, for the rights of a child to have a loving and meaningful relationship with both parents post divorce or separation.
Contact Mike Kelly on 07782 440072 or email info@realfathersforjustice.org
Monday, 15 March 2010
UK - What have human rights done for family justice?
http://www.resolution.org.uk/news-list.asp?page_id=228&page=1&n_id=114
For immediate release: Saturday 13th March 2010
Speaking at the Resolution annual conference Mr Justice Andrew Moylan reviewed 10 years of the Human Rights Act and its implications for the operation of family law.
Noting that the powers of the family court are amongst the most drastic of any court, as ultimately it has the power to remove a child from their parents, Mr Justice Moylan questioned whether the European Convention and Human Rights Act deserve the criticism they sometimes receive.
In his speech, Mr Justice Moylan argued that the rights to privacy, fair trial and freedom of expression have permeated many aspects of family law and become common features in family proceedings over the last ten years:
“There has been a review of many aspects of the family legal system, consequent on the effective incorporation into our domestic system of the substantive and procedural rights guaranteed by the European Convention. In addition, and importantly, the procedural safeguards implicit in Article 8 (right to a private and a family life) extend to decisions made outside the legal system. In the family arena, the reach of the Convention is broad.”
Mr Justice Moylan concluded that:
“The balancing framework provided by the (Human Rights) Act enhances the administration of justice, both substantively and procedurally.”
A full copy of Mr Justice Moylan’s speech is available here.
Notes to editors
1.Mr Justice Moylan was addressing the Resolution National Conference, which takes place from 12-14 March 2010 at the Midland Hotel in Manchester.
2. Resolution is a group of over 5500 family lawyers in England and Wales. Established 25 years ago, it promotes a non-confrontational, constructive approach to resolving family disputes. To find out more, visit http://www.resolution.org.uk/
For immediate release: Saturday 13th March 2010
Speaking at the Resolution annual conference Mr Justice Andrew Moylan reviewed 10 years of the Human Rights Act and its implications for the operation of family law.
Noting that the powers of the family court are amongst the most drastic of any court, as ultimately it has the power to remove a child from their parents, Mr Justice Moylan questioned whether the European Convention and Human Rights Act deserve the criticism they sometimes receive.
In his speech, Mr Justice Moylan argued that the rights to privacy, fair trial and freedom of expression have permeated many aspects of family law and become common features in family proceedings over the last ten years:
“There has been a review of many aspects of the family legal system, consequent on the effective incorporation into our domestic system of the substantive and procedural rights guaranteed by the European Convention. In addition, and importantly, the procedural safeguards implicit in Article 8 (right to a private and a family life) extend to decisions made outside the legal system. In the family arena, the reach of the Convention is broad.”
Mr Justice Moylan concluded that:
“The balancing framework provided by the (Human Rights) Act enhances the administration of justice, both substantively and procedurally.”
A full copy of Mr Justice Moylan’s speech is available here.
Notes to editors
1.Mr Justice Moylan was addressing the Resolution National Conference, which takes place from 12-14 March 2010 at the Midland Hotel in Manchester.
2. Resolution is a group of over 5500 family lawyers in England and Wales. Established 25 years ago, it promotes a non-confrontational, constructive approach to resolving family disputes. To find out more, visit http://www.resolution.org.uk/
Sunday, 14 March 2010
Social Workers Want Power To See Children In Private
http://fifesocialservices.com/2010/03/14/social-workers-want-powers-to-see-your-kids-in-private/
With the amount of child abusers and paedophiles within the Social Services and Child Protective Services profession (see Hollie Greig case the girl with Downs Syndrome who was abused by Social Workers, Policemen and a Sheriff), this new law that could be passed in the UK is quite scary indeed.
The UK could be set to pass a law which would allow Social Workers to come into your house and take your child away for as long as they like, without question, without an order (source BBC.) Of course if a child was in imminent danger, the Social Services should apply for a court order to remove them, but now it seems they want to be able to take your child for an hour or two and then return them to you. This opens up a whole load of possibilities for corrupted Social Workers and so called “child protectors.”
http://fifesocialservices.com/2010/03/14/social-workers-want-powers-to-see-your-kids-in-private/
Friday, 12 March 2010
Rffj to appear on BBC this Sunday
http://news.realfathersforjustice.org/index.php?itemid=333
Real fathers for justice spokesman Ray Barry is to appear on Nicky Campbell's topical debate show BBC The Big Questions 10am Sunday 14/3/10
The show will be available to watch online >Click here<
Big Questions message board >Click here<
This weeks questions include,
Do children need fathers?
Real fathers for justice spokesman Ray Barry is to appear on Nicky Campbell's topical debate show BBC The Big Questions 10am Sunday 14/3/10
The show will be available to watch online >Click here<
Big Questions message board >Click here<
This weeks questions include,
Do children need fathers?
Child benefits for separated parents
The benefits entitlement of parents who share childcare after they split up is examined by Gary Vaux who looks at official guidance and a legal ruling
A common problem that social workers face when working with parents who have separated concerns who receives which benefit. The benefit system, with its "winner takes all" ethos, creates situations which do not reflect the reality of shared childcare.
A common problem that social workers face when working with parents who have separated concerns who receives which benefit. The benefit system, with its "winner takes all" ethos, creates situations which do not reflect the reality of shared childcare.
Child benefits for separated parents
Thursday, 11 March 2010
Victoria Climbié ten years on: Interview with Lord Laming
http://www.familylaw.co.uk/searchDetail.aspx?subjID=1&artl_id=3090#artl_3090
THURS 11/03/2010 - Last month marked ten years since Victoria Adjo Climbié, a little eight-year-old girl born near Abidjan in the Ivory Coast, died in London following months of horrific cruelty, torture and neglect.
Her murder at the hands of her great-aunt Marie-Therese Kouao and Kouao's boyfriend, Carl Manning, prompted the largest ever review of child protection arrangements in the UK which was headed by Lord Laming. Although most of his 108 recommendations became law in the 2004 Children Act, a new report by Lord Laming following the death of baby Peter Connelly, who died in August 2007 in similar circumstances to Victoria, concluded his reforms were not widely implemented.
THURS 11/03/2010 - Last month marked ten years since Victoria Adjo Climbié, a little eight-year-old girl born near Abidjan in the Ivory Coast, died in London following months of horrific cruelty, torture and neglect.
Her murder at the hands of her great-aunt Marie-Therese Kouao and Kouao's boyfriend, Carl Manning, prompted the largest ever review of child protection arrangements in the UK which was headed by Lord Laming. Although most of his 108 recommendations became law in the 2004 Children Act, a new report by Lord Laming following the death of baby Peter Connelly, who died in August 2007 in similar circumstances to Victoria, concluded his reforms were not widely implemented.
Thursday, 4 March 2010
Top family law post vacant after challenge to government critic
http://business.timesonline.co.uk/tol/business/law/article7048954.ece
- One senior judge said: “It is an appalling state of affairs, not to know who is taking over.” Another said: “An appointment like this is usually announced several months ahead. There is no explanation as to what is going on.”
- Sir Nicholas, whose expertise is in children’s cases, warned that without proper funding, the family justice system “would implode and it is the children who will suffer most”.
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