Simpson Thacher & Bartlett LLP’s Post

Grandparent rights and child support can intersect in surprising ways in Arizona. Smith & Green, Attorneys At Law, P.L.L.C. helps grandparents understand their rights, whether seeking custody or pursuing child support on behalf of their grandchildren. Our goal is to ensure that children receive the support they need in stable, loving environments. If you’re a grandparent seeking to understand your legal rights, let us help you navigate the process. Learn more through the link below. https://lnkd.in/eZu_zSzG #GrandparentRights #ChildSupport #ArizonaFamilyLaw #CustodyMatters #SmithAndGreenLaw

In the pivotal case of DR v NM and Another (3358/2024) [2024] ZAWCHC 69 (5 March 2024) - Lekhuleni J, we witness a profound exploration of parental rights within the framework of same-sex couples under South African law. This judgement highlights the critical importance of the Children's Act 38 of 2005, particularly section 23, in offering a compassionate and inclusive legal avenue for addressing complex family dynamics. It emphasises not only the legal intricacies faced by same-sex couples in care and contact disputes but also the paramount principle that the child's best interests must guide every judicial decision. By leveraging expert assessments and prioritising a child-centric approach, the court navigated the sensitive balance between legal rights and the best interests of children. This case serves as a pivotal reminder of the evolving nature of family law and the essential role of the judiciary in protecting the rights and well-being of children within diverse family structures. https://lnkd.in/eMa64Jvx

From May this year, new legislation commences bringing a suite of amendments to family law. These are the most significant changes in 17 years. One of the key changes is the removal of the current “presumption” that, it is in the best interests of a child for that child’s parents to have equal shared parental responsibility in relation to making long-term decisions for them unless there is evidence to the contrary. The determining factor will soon be a consideration of the child’s best interests, without any presumption being applied as a starting point. In her latest article, Olivia Le takes a closer look at these changes.

The journey of adoption opens a door to profound love and fulfilling connections. Often, when considering adoption, prospective parents visualize bringing home a newborn or a toddler. However, there exists an unsung narrative that deserves to be highlighted - the adoption of older children. For foster parents and the broader parenting community, understanding the unique joy and transformative potential of adopting an older child can redefine preconceived notions of family-building. Today on the blog, we're sharing the misconceptions surrounding older child adoption and the joy and rewards of making the decision to adopt an older child. Visit sflg.us/blog to read more. Have questions? We're happy to help. Drop them in the comments or send us a message. Related Topics: family planning family law family lawyer family attorney legal services adoption law adoption attorney #adoptionjourney #adoptionrocks #familymatters #familylaw #familylaywer #lawfirm #californiacoast #californialaw #calabasas #ivfjourney #ivfsuccess #ivf #ontheblog #blogpost #fosterparent

The journey of adoption opens a door to profound love and fulfilling connections. Often, when considering adoption, prospective parents visualize bringing home a newborn or a toddler. However, there exists an unsung narrative that deserves to be highlighted - the adoption of older children. For foster parents and the broader parenting community, understanding the unique joy and transformative potential of adopting an older child can redefine preconceived notions of family-building. Today on the blog, we're sharing the misconceptions surrounding older child adoption and the joy and rewards of making the decision to adopt an older child. Visit sflg.us/blog to read more. Have questions? We're happy to help. Drop them in the comments or send us a message. Related Topics: family planning family law family lawyer family attorney legal services adoption law adoption attorney #adoptionjourney #adoptionrocks #familymatters #familylaw #familylaywer #lawfirm #californiacoast #californialaw #calabasas #ivfjourney #ivfsuccess #ivf #ontheblog #blogpost #fosterparent

A new one and a big one from Lieven J concerning the deprivation of liberty of severely disabled children. The child, SM, is 12 years' old and has significant diagnoses which impact her mobility, cognition and functioning. She is non-mobile and non-verbal. The local authority applied for authorisation to deprive SM of her liberty. She resides in a foster care placement pursuant to a care order. The measures which the local authority submitted amount to restrictions on SM's liberty included 1:1 supervision at home, being moved by carers, feeding and the administration of medicine by carers, bed bars to prevent falling, 2:1 supervision in the community and locked doors. The court refused the application to authorise SM's deprivation of liberty on the basis that the court found there to be no deprivation of liberty present. Lieven J made two important points. Firstly, that a number of the measures submitted as 'restrictions' were in fact part of SM's care provision and were not actions taken to deprive her of her liberty. This included moving her, feeding her, supervising her at home and undertaking personal care. The judge distinguished these elements as 'aspects of care which may intrude on an individual's privacy and autonomy... but are not interferences with the right to liberty'. Secondly, the court considered the process of establishing if a deprivation of liberty is present for a child with such significant disabilities, taking into account the Cheshire West principles. Lieven J was concerned with the comparative approach that is adopted for children and the appropriateness of that when a child's biological age may be very different from the age at which they are functioning or presenting. For SM, the court found that a comparative approach to a non-disabled 12 year old would be an 'unreal exercise, and one that leads to a nonsensical result.' Underpinning that analysis was an appreciation of the fact that, owing to her disabilities, SM was not free to leave her placement and the measures in place that resulted in SM being under close supervision and control were not intended to prevent her leaving (or, it appears, to physically restrict her). A thoughtful and logical decision which may have a significant impact for local authorities considering whether or not the criteria is met for a deprivation of liberty. https://lnkd.in/eUK3D6_y #deprivationofliberty #DOL #childprotection #caselawupdate #disabledchildren #Article5 #ECHR #righttoliberty #legalupdate #childrenlaw

📢 Blog Post Alert! 📢 "Can a Parent Refuse Visitation If Child Support Isn’t Paid in Tennessee?" Navigating the complexities of family law can be challenging, especially when it comes to child support and visitation rights. Our latest blog post explores the legalities and common questions around this topic in Tennessee. Discover: 🔹 The legal stance on child support and visitation 🔹 Potential consequences of refusing visitation 🔹 Practical advice for parents in this situation Stay informed and protect your rights. Read the full blog now and ensure you’re making decisions that are in the best interest of your child.

Understanding the role of custody and visitation in child support determinations is crucial for ensuring that your child’s needs are met. Phillips & McCrea, PLLC is here to guide you through this process, helping you navigate the complexities of family law in North Carolina. We work to secure arrangements that are in the best interests of your child, while also protecting your parental rights. Contact us today to discuss your case and explore your legal options. #ChildSupportLaw #CustodyAndVisitation #NCLawyers #FamilyLawSupport #PhillipsMcCrea.

Updates on pending Ohio legislation clarifying post-divorce child support obligations for a disabled child, referred to as a "Castle Child". Did you know that child support for a disabled child can continue indefinitely and not end at the child's adulthood? Read my perspective of the law having litigated the Castle case to the Ohio Supreme Court 40 years ago. New today on the Ohio Family Law Blog.

From May this year, new legislation commences bringing a suite of amendments to family law. These are the most significant changes in 17 years. One of the key changes is the removal of the current “presumption” that, it is in the best interests of a child for that child’s parents to have equal shared parental responsibility in relation to making long-term decisions for them unless there is evidence to the contrary. The determining factor will soon be a consideration of the child’s best interests, without any presumption being applied as a starting point. In her latest article, Olivia Le takes a closer look at these impending changes. If you would like a personalised assessment of your circumstances, contact us on 07 5609 4933 for a free initial consultation. #familylawyer #familylaw #parentalresponsibility