It is a common scenario that one of the parents who care for a child is not their birth parent but a stepparent. There may come a time, that having discussed the matter with their other parent, and the child, that they wish to legally adopt their step-child, and this is when their family lawyers are most likely going to be required to advise, and represent them, given that it can be a complex process. The first thing that needs to be established is whether or not the stepparent who wishes to adopt their stepchild is actually eligible to do so. The legal requirement and eligibility rules relating to stepparent adoption are laid out in the Family Law Act of 1975. Before a family court will even consider an application for stepparent adoption, there are three basic questions that must be answered. The first and overriding requirement is that if the adoption takes place, it must be in the best interests of the child. For anyone who has studied or encountered family law, they will have undoubtedly known that whenever a child is involved in any way in family court matters, all decisions will normally have this as the primary part of the consideration. The second consideration is whether the child's biological parent is no longer has any active role in their life. For example, they could have abandoned their family some years ago, or have chosen to live in another country without any contact with the child. (more…)
It is the right of every patient to expect a duty of care from any medical professional, and that includes their favourite dentist. Should that dentist fail to show a duty of care to the patient, and it results in that patient suffering a loss, injury, or damage, then the patient has the right to sue that dentist or dental practice, for medical negligence. Now that all sounds fine, but you should be aware that medical negligence is an extremely complex area of the law and being able to prove medical negligence can be a considerable challenge. Should you ever need to sue, then it is certainly advisable that you seek legal guidance and representation. Whilst you may have an existing commercial lawyer from www.rowebristol.com.au who represents you, for medical negligence cases it is recommended that you acquire a lawyer who is versed in that sort of case. For a start, they will consult with you to ascertain whether not you have grounds to bring a medical negligence case at all, and if you do, what the chances are of it succeeding. (more…)
Whenever family lawyers meet with a client there will be many things they need to discuss. There is obviously the divorce and no doubt the client will have several questions which they need to ask. In addition, the divorce lawyer may have to dismiss many of the assumptions and misunderstandings that their client may have about the whole process. Some of this will understandably be due to the fact that most clients are not experts on divorce law, otherwise, they would be sitting on the opposite side of the table. In addition, there can undoubtedly be elements of the client's beliefs about divorce that have sprung up due to some of the many myths that surround it. Many of these myths get passed from friend to friend and relative to relative, no doubt in a spirit of trying to help, but they actually achieve the opposite by sowing the seeds of doubt and worry. Another reason myths can occur is due to the media that we see on our television and online. These can include movies that use dramatic license to create legal and courtroom scenarios that bear little relationship to the real thing. One point about movies is that we get many of them from Hollywood which being in the USA will base their storylines on American law and the legal system as it applies to divorce there. The differences between how divorce is enacted in the USA and Australia are significant, so again this can lead to confusion and concern thinking that what happens in a movie is going to happen here. So, in order to try to eliminate some of the concerns people have about divorce, we are going to dispel 5 of the most common myths about divorce in Australia. (more…)
When some people hear that a marriage has been annulled, some of them simply assume that it is a fancy word for divorce and means exactly the same. However, were you to approach a divorce lawyer at www.daviescolawyers.com.au to ask them to help you get your marriage annulled, the process, legalities, and criteria surrounding it would be completely different from those that apply to a divorce. For a start whilst the legal framework that applies to both divorce and annulment is laid out within the Family Law Act of 1975, if you were to look them up in the Act, you would find several significant differences. For a start, the legal document that certifies that a marriage has been annulled is called a Decree of Nullity. What that decree will state is that the marriage in question did not exist legally and regardless of whether a bride walked down the aisle in a white dress, a wedding service took place, and confetti was thrown, the marriage is void, and in the eyes of the law, never existed. To some, this might sound confusing given that there may even have been officials present conducting the marriage, but the point here is that even though they may have genuinely believed that they were conducting a legitimate marriage ceremony, there were one or more reasons why it was not actually a legal marriage. (more…)
One area of the law which criminal lawyers at www.pclbcriminallawyers.com.au are often asked their advice on is self-defence, and in particular, whether or not it is legal to use self defence against someone who has broken into your home. As is often the case when it comes to criminal law, the answer a criminal lawyer might give you is, 'It depends'. That might not seem particularly helpful to a lot of people, but the simple fact is that as the law currently stands in Australia at the moment, when it comes to self-defence in your own home, or anywhere else for that matter, there is no precise answer. For example, whether or not someone has stolen something, or have driven at excessive speeds tends to be a matter of fact. In other words, they took something from a store and did not pay for it is a fact, or that they drove 20 miles per hour over the speed limit is also a fact. Therefore, when those individuals are taken through the criminal justice system, the decision with regards to their guilt is fundamentally not open to interpretation because the evidence against them is explicit. With regards to self-defence and whether someone was either justified in using it, or if they did so to a degree which is lawful, is far more open to a subjective opinion, should they ever be tried for doing so unlawfully. (more…)
Despite the governments best efforts to eliminate all forms of discrimination from Australian culture and society, it still remains. In the workplace, things like racial, gender and religious discrimination are common, especially against minority groups. Because of this, thousands of people across the country suffer some form of mental illness every year. Even low-level workplace discrimination can have a cumulative effect which can impact absolutely anyone. As you can imagine, it’s important that we’re able to identify and deal with these impacts before they become too severe. Below, we’ve outlined a few strategies to help you with office sickness, regardless of your exact situation. Pay Careful Attention to Your Mental State For starters, it’s extremely important to make sure you’re aware of your mental state and any lasting irregularities. This is true regardless of whether or not you’re being discriminated against. The key to maintaining mental health is to be mindful of the following:
- Any loss of motivation or lack of energy that could signal the onset of depression, anxiety or any other illness.
- Lower self-confidence, including in social settings where you would have been comfortable in the past.
- A desire to stay home from work. Everyone loves a day off from time to time, but if you find yourself having trouble getting out of bed for work every day, you could have a problem.
- Any increase in alcohol and/or cigarette consumption.