The justice system makes the ultimate determination aboutwhether or not abuse occurred, but the response of the professional earlyin the case can affect the outcome. Also, when there is a sexual abuseallegation in a custody dispute, the findings of fact about the abuse itselfmust be made separately from and prior to the court's consideration of custodyand visitation; the judge cannot make a decision concerning custody until thereis a finding about the alleged abuse (Brooks & Milchman, 1991). Few familycourt judges, however, are prepared to address allegations of sexual abuse. Thus, when there is an accusation, the justice system solicits opinions andinformation from mental health and medical professionals to help it make adetermination of fact. Professionals therefore should learn possible indicatorsof a false accusation of child sexual abuse.
Taking these ideas and exploring the further effects of divorce or "staying together for the kids" could serve to reinforce the research on attachment style.
More current research has questioned the significance of how the disruption of the attachment structure (such as in divorce) can affect children's behaviors throughout life.
With either explanation, research concludes that children of divorced families have a disposition to these behaviors, but the end development of behavior and personality is in the hands of the individual and the external factors that are present.
Child sexual abuse allegations arising during divorce and custody conflicts are complicated and difficult. Most professionals believe that the highest percentage of false allegations occurs in this circumstance, but there is disagreement over just how many of these allegations are false. In evaluating cases of suspected sexual abuse, the professional must remain open and objective, carefully examine each case, and take an empirical stance. Assessment and evaluation must be done with rigorous adherence to the highest standards of the profession, and professionals must attend to the characteristics of real versus false allegations. They must not immediately dismiss an allegation as false because the parents are in the midst of a divorce but must also guard against presuming guilt and aligning themselves with the reporting parent's agenda.
Studies show that children suffer more in a high conflict divorce - and that it is the level of conflict that affects the children negatively, not the divorce itself.
If the judgment was validly obtained abroad in accordance with the laws of the foreign jurisdiction in question, and your spouse was validly served and was aware of the process abroad by which the judgment was obtained, the petition will be granted and you will have an enforceable divorce judgment here in Canada.
Having a child does not complicate the matter.
In simpler terms, the non-debtor wife can file a motion with the family court, and request that the alimony, child support, and the terms of divorce settlement be reconsidered because of the bankruptcy.
I was residing in Quebec at the time of the marriage and intended to reside in Quebec thereafter.
I did not sign a Quebec marriage contract.
I did sign a "pre-nuptial agreement" in the United States.
There has been a breakdown of the marriage.
What is the legal impact of the US pre-nuptial agreement on the division of our marital assets since we are going to divorce in Quebec?
In 1976 the couple separates and in a separation proceeding (not a divorce action) an agreement providing for child and spousal support only is approved by the Court.
his obligation to support the children and pay spousal support if it can be claimed.
You should definitely institute divorce proceedings and claim support if your husband continues to have revenue.
For those divorcing or divorced, the bankruptcy issues generally fall into three categories; 1) The payment of child support and alimony after a bankruptcy has been filed; 2) The enforceability of a property settlement agreement after a bankruptcy has been filed; and 3) What happens to a joint credit card debt if only one spouse files for bankruptcy.
The value is taken at the time of the institution of divorce proceedings (general rule) or at the time of separation (exception - if the two do not coincide and the parties have lived financially independent of each other since the separation).
Normally if one party wishes to keep the house, he or she buys the other party out at an amount equal to the one half of the net market value at the date of proceedings or separation.
There are exceptional circumstances where a party having custody can obtain a right of habitation with the children in the home for a defined term, and thereby ask that the buy-out, or that the sale of the house and division of the proceeds be postponed until that term expires.
The weight to be given to such testimony or expressed preference will depend on:
-level of articulation
-whether the opinion expressed is rational (makes sense under circumstances)
-whether it coincides with child's best interest
-whether it is based on impulse (caprice in French)
-whether it is the result of undue influence by a parent
The opinion of a 12 year old child is "largely determinant".
The opinion of a child between 10 and 12 should be considered carefully.