Child Abuse and Parenting Plans

I recently came across this sad story from NPR regarding child abuse and mistreatment.

http://www.npr.org/blogs/health/2014/06/02/318227196/odds-of-abuse-and-mistreatment-add-up-over-childrens-lives

I would venture to say that a lot of child abuse goes unreported. Within the family law realm, child abuse and neglect is relevant in the context of developing a parenting plan. The court may impose restrictions on a party’s residential time and decision making authority for certain conduct, including  “physical, sexual, or a pattern of emotional abuse of a child” or “a history of acts of domestic violence or an assault or sexual assault which causes grievous bodily harm or fear of such harm.”

In cases where child abuse, neglect, and/or domestic violence are alleged, it is best to have a guardian ad litem appointed to make recommendations to the court regarding an appropriate parenting plan. The guardian ad litem must make recommendations based on the best interests of the child, and the recommendations are made after an investigation. During the investigation, the guardian ad litem will interview parties and collateral contacts, review documents such as Child Protective Services Reports and Police Reports, visit with the children, interview teachers, principals, and counselors. Based on their investigation, the guardian ad litem will make their recommendations to the court. The judge may adopt some, all, or none of the guardian ad litem’s recommendations depending on the comprehensiveness of the investigation and credibility of the guardian ad litem as a witness.

If you and your family are currently in a domestic violence and abuse situation, call 911 if there is an emergency. If you need help finding resources and domestic violence programs and services, call the Washington State Domestic Violence Hotline 800-562-6025 (8AM – 5PM) or the National Domestic Violence Hotline 800-799-7233 (open 24 hours).

Copyright © 2014 Wong Fleming, All rights reserved.
______________________________________

Rachel Luke is a attorney in the Bellevue office of Wong Fleming. Ms. Luke practices family law and represents clients on divorces, custody issues, parenting plans, child support, and more. 

The Wong Fleming Web Page and all of the information on the website are public resources of general information and entertainment which are intended, but not promised or guaranteed, to be correct, complete and up-to-date. This website may also be considered advertising under various jurisdiction rules governing attorney professional conduct, but it is not intended and does not constitute legal advice. The reader should not consider transmission of these materials to create an attorney-client relationship, should not rely on information provided herein and should always seek the advice of competent counsel in the reader’s jurisdiction. Wong Fleming does not intend links on the website to be referrals or endorsements of the linked entities, and offers no comment regarding the contents of other websites linked to this website. Wong Fleming does not wish to represent anyone desiring information based upon viewing this website in a state where this website fails to comply with all laws and ethical rules of that state. Materials appearing at this website may only be reproduced in their entirety (without modification, and must include this Disclaimer)

Before proceeding, please note: If you are not a current client of Wong Fleming, please do not include any information in an e-mail that you or someone else considers to be of a confidential or secret nature. Wong Fleming has no duty to keep confidential any of the information you provide. Neither the transmission nor receipt of your information is considered a request for legal advice, securing legal services or retaining a lawyer. An attorney-client relationship with Wong Fleming or any lawyer at Wong Fleming is not established until and unless Wong Fleming agrees to such a relationship as reflected in a separate writing.

DIY Divorce?

I always advise potential clients that it is not a good idea to handle your own divorce. Why not? As one family law commissioner put it, “It’s like doing your own dental work. Do you know how to do your own dental work? These attorneys have gone to school for years and are trained professionals!” Without the assistance of an attorney, there are many problems that we see after the dissolution is finalized and with some issues, they cannot be fixed without an agreement of the other party. Most of the issues we see are due to the final orders being too general. 

Some common missteps from DIY Divorces I have seen in the past:

• Not having an understanding of the phrase "fair and equitable division of assets and liabilities," or "community property," or "separate property";
• Failure to properly divide assets such as retirement accounts that necessitate a Qualified Domestic Relations Order; 
• Not specifying how to remove one party from the mortgage on the family home and when it will happen;
• Failure to secure transfer of marital lien;
• Failure to spot tax implications;
• Failure to specify the duration of spousal maintenance payments; 
• Failure to properly specify details in the parenting plan. 

If your divorce is truly not contested or not complicated, it should not be too expensive for an attorney to handle your case. It may save you a lot of grief and money in the long run!

Copyright © 2014 Wong Fleming, All rights reserved.
______________________________________

Rachel Luke is a attorney in the Bellevue office of Wong Fleming. Ms. Luke practices family law and represents clients on divorces, custody issues, parenting plans, child support, and more. 

The Wong Fleming Web Page and all of the information on the website are public resources of general information and entertainment which are intended, but not promised or guaranteed, to be correct, complete and up-to-date. This website may also be considered advertising under various jurisdiction rules governing attorney professional conduct, but it is not intended and does not constitute legal advice. The reader should not consider transmission of these materials to create an attorney-client relationship, should not rely on information provided herein and should always seek the advice of competent counsel in the reader’s jurisdiction. Wong Fleming does not intend links on the website to be referrals or endorsements of the linked entities, and offers no comment regarding the contents of other websites linked to this website. Wong Fleming does not wish to represent anyone desiring information based upon viewing this website in a state where this website fails to comply with all laws and ethical rules of that state. Materials appearing at this website may only be reproduced in their entirety (without modification, and must include this Disclaimer)

Before proceeding, please note: If you are not a current client of Wong Fleming, please do not include any information in an e-mail that you or someone else considers to be of a confidential or secret nature. Wong Fleming has no duty to keep confidential any of the information you provide. Neither the transmission nor receipt of your information is considered a request for legal advice, securing legal services or retaining a lawyer. An attorney-client relationship with Wong Fleming or any lawyer at Wong Fleming is not established until and unless Wong Fleming agrees to such a relationship as reflected in a separate writing.

Arbitration and Mediation? We have you covered!

When Should I Settle? When Should I Go To Trial?

Settlement

Most cases can be resolved outside of court. There is a lot to be said for the settlement process. I will advise my clients to settle with a reasonable settlement offer when cost is an issue. A case that is litigated through trial will likely cost $15,000 or more per party. This is money that the parties could use in their pocket or they may not have.

Another benefit to out of court settlement is that you maintain some control in the outcome and pace of the case. It is always risky having a judge make the decisions regarding your case. Even after the evidence is presented at trial, the judge will have their own concerns and biases. Parties who settle a case can have some control of the outcome. They have a say in the resolution of the case and are not leaving it in the hands of a stranger to decide. Although there is clearly some compromise, most parties will walk away from a successful mediation or settlement feeling good about their decision.

Finally, many parties see the benefit in the flexibility and creativity that settlement allows. Settlement allows for more creativity in the outcome as well. The parties know what is most important to them, and can draft the settlement documents in ways that a judge would probably never consider because they don’t have the time and resources to devise the orders in that way. In a settlement, you can consider and propose many different options.

Trial

Some cases do need to go to trial. For example, when a party attempts bullying tactics or when there is a power imbalance that is residual from the relationship, often it is necessary to go to trial because settlement talks will often lead to nowhere. In addition, an opposing party who is uncommunicative make it impossible to even discuss negotiations, and so trial is most certainly necessary.

There are situations when you are faced with an opposing attorney who is combative. They may have their reasons for being overly aggressive—perhaps that is their personality, it may be the personality that their client wants to represent them, or it may be that they are after higher billable hours. Either way, it will be very difficult to negotiate with this type of attorney, and going to trial may be the best way to allow yourself an opportunity to be heard.

Finally, it is sometimes best to continue litigating when you stand to gain more in court than what is being offered. This is generally a cost-benefit analysis given that going to trial can cost at least $15,000 per party. However, the risk is sometimes worth it if you believe the law is in your favor.

Copyright © 2014 Wong Fleming, All rights reserved.
______________________________________

Rachel Luke is a attorney in the Bellevue office of Wong Fleming. Ms. Luke practices family law and represents clients on divorces, custody issues, parenting plans, child support, and more. 

The Wong Fleming Web Page and all of the information on the website are public resources of general information and entertainment which are intended, but not promised or guaranteed, to be correct, complete and up-to-date. This website may also be considered advertising under various jurisdiction rules governing attorney professional conduct, but it is not intended and does not constitute legal advice. The reader should not consider transmission of these materials to create an attorney-client relationship, should not rely on information provided herein and should always seek the advice of competent counsel in the reader’s jurisdiction. Wong Fleming does not intend links on the website to be referrals or endorsements of the linked entities, and offers no comment regarding the contents of other websites linked to this website. Wong Fleming does not wish to represent anyone desiring information based upon viewing this website in a state where this website fails to comply with all laws and ethical rules of that state. Materials appearing at this website may only be reproduced in their entirety (without modification, and must include this Disclaimer)

Before proceeding, please note: If you are not a current client of Wong Fleming, please do not include any information in an e-mail that you or someone else considers to be of a confidential or secret nature. Wong Fleming has no duty to keep confidential any of the information you provide. Neither the transmission nor receipt of your information is considered a request for legal advice, securing legal services or retaining a lawyer. An attorney-client relationship with Wong Fleming or any lawyer at Wong Fleming is not established until and unless Wong Fleming agrees to such a relationship as reflected in a separate writing.

Consideration in Developing Your Parenting Plan

In Washington, the court considers several factors in developing the parenting plan for the children. The parenting plan will set out a residential schedule, dispute resolution process, and will designate who can make important decisions regarding the children. The purpose of analyzing the factors is to encourage both parents to maintain a loving, stable, and nurturing relationship with the child, consistent with the child’s developmental level and the family’s social and economic circumstances. The broader picture of this analysis is the “best interests of the children” and the court considers:

1.  The relative strength, nature, and stability of the child’s relationship with each parent;
2. The agreements of the parties, provided they were entered into knowingly and voluntarily;
3. Each parent’s past and potential for future performance of parenting functions, including whether a parent has taken greater responsibility for performing parenting functions relating to the daily needs of the child;
4. The emotional needs and developmental level of the child;
5. The child’s relationship with siblings and with other significant adults, as well as the child’s involvement with his or her physical surroundings, school, or other significant activities;
6. The wishes of the parents and the wishes of a child who is sufficiently mature to express reasoned and independent preferences as to his or her residential schedule; and
7. Each parent’s employment schedule, and shall make accommodations consistent with those schedules.

The first factor is given the most weight in the analysis. Even if you have an amicable divorce, it is recommended that you go through this analysis in proposing a parenting plan or in drafting the parenting plan with the opposing party. Both logistics of the residential schedule and maintaining stable, nurturing relationships should be considered in drafting a parenting plan. 

Copyright © 2014 Wong Fleming, All rights reserved.
______________________________________

Rachel Luke is a attorney in the Bellevue office of Wong Fleming. Ms. Luke practices family law and represents clients on divorces, custody issues, parenting plans, child support, and more. 

The Wong Fleming Web Page and all of the information on the website are public resources of general information and entertainment which are intended, but not promised or guaranteed, to be correct, complete and up-to-date. This website may also be considered advertising under various jurisdiction rules governing attorney professional conduct, but it is not intended and does not constitute legal advice. The reader should not consider transmission of these materials to create an attorney-client relationship, should not rely on information provided herein and should always seek the advice of competent counsel in the reader’s jurisdiction. Wong Fleming does not intend links on the website to be referrals or endorsements of the linked entities, and offers no comment regarding the contents of other websites linked to this website. Wong Fleming does not wish to represent anyone desiring information based upon viewing this website in a state where this website fails to comply with all laws and ethical rules of that state. Materials appearing at this website may only be reproduced in their entirety (without modification, and must include this Disclaimer)

Before proceeding, please note: If you are not a current client of Wong Fleming, please do not include any information in an e-mail that you or someone else considers to be of a confidential or secret nature. Wong Fleming has no duty to keep confidential any of the information you provide. Neither the transmission nor receipt of your information is considered a request for legal advice, securing legal services or retaining a lawyer. An attorney-client relationship with Wong Fleming or any lawyer at Wong Fleming is not established until and unless Wong Fleming agrees to such a relationship as reflected in a separate writing.

Social Media and Your Divorce/Custody Case/Anything Involving the Court

If you’re in the middle of a divorce or custody case, or any litigation, you should be aware that  your use of social media is going to be scrutinized. You have a few options, including logging out of, deactivating, or closing all social media accounts including Facebook, Twitter, Instagram, etc. Alternatively, you can make sure your accounts are private (friends only), but that does not really protect you from one of your “friends” providing your Facebook posts to the opposing party to be used against you.

DON’T:

• Post pictures of you and your friends partying on a Saturday night. Even if you’ve been “tagged” in someone else’s photos, your pictures at the club or anything that can look like excessive alcohol use is not going to help your case.
• Criticize your ex. Yes you have the right to criticize. However, it makes you look bad. Also, don’t let your friends or family members criticize your ex online. Delete the unwanted postings and try to keep it positive.
• Post pictures of you hanging out with unsavory characters. If you’re in the middle of a custody case, it’s best not to associate with people who you know have criminal assault cases or sexual offenders.
• Post pictures of recent vacations, new cars, etc. If you’re asking the court to decrease the amount of support that you pay because of financial hardship and the opposing party gets a hold of these pictures, your case will likely be dead in the water.
• Give too much information. Don’t share attorney-client communications. Don’t post anything that includes “my attorney said…” You may be unintentionally waiving the attorney-client privilege that you  normally would enjoy.

The best advice: if you would be embarrassed by a judge seeing or reading the social media post in court, you should not post it. If you have any second thoughts about a picture or a post, don’t put it on your page. It’s simple.

Copyright © 2014 Wong Fleming, All rights reserved.
______________________________________

Rachel Luke is a attorney in the Bellevue office of Wong Fleming. Ms. Luke practices family law and represents clients on divorces, custody issues, parenting plans, child support, and more. 

The Wong Fleming Web Page and all of the information on the website are public resources of general information and entertainment which are intended, but not promised or guaranteed, to be correct, complete and up-to-date. This website may also be considered advertising under various jurisdiction rules governing attorney professional conduct, but it is not intended and does not constitute legal advice. The reader should not consider transmission of these materials to create an attorney-client relationship, should not rely on information provided herein and should always seek the advice of competent counsel in the reader’s jurisdiction. Wong Fleming does not intend links on the website to be referrals or endorsements of the linked entities, and offers no comment regarding the contents of other websites linked to this website. Wong Fleming does not wish to represent anyone desiring information based upon viewing this website in a state where this website fails to comply with all laws and ethical rules of that state. Materials appearing at this website may only be reproduced in their entirety (without modification, and must include this Disclaimer)

Before proceeding, please note: If you are not a current client of Wong Fleming, please do not include any information in an e-mail that you or someone else considers to be of a confidential or secret nature. Wong Fleming has no duty to keep confidential any of the information you provide. Neither the transmission nor receipt of your information is considered a request for legal advice, securing legal services or retaining a lawyer. An attorney-client relationship with Wong Fleming or any lawyer at Wong Fleming is not established until and unless Wong Fleming agrees to such a relationship as reflected in a separate writing.

So, How Much Will a Divorce Really Cost?

In King County, there is a $290.00 filing fee for a Dissolution of Marriage. However, filing fees vary from county to county. In addition, if you have children, you are required to attend a parenting seminar. The fee for the seminar is $40. Ultimately the total amount that you spend on a divorce will depend on various factors, such as: 

• Whether you hire an attorney and how much time the attorney spends on your case;
• Whether you need to pay for a guardian ad litem for the children or a parenting evaluation; 
• Whether you need to file any motions;
• Whether you need to attend mediation or arbitration;
• Whether you need to hire expert witnesses (i.e. accountants, medical experts, etc.);
• Whether you need to go to trial;
• The complexity of financial issues, regarding property division, debt, and retirement benefits. 

Although reliable sources on the true average costs are hard to come by, most online sources are stating that the average cost of divorce in the United States is between $10,000.00 and $15,000.00. However, there are ways to minimize costs in a dissolution, even when you have hired an attorney: 

1. Be pragmatic! Try to remove emotions and think of the dissolution as a business transaction. This will save you a lot of time and money. 
2. Look for a flexible attorney. Most family law attorneys will require an advance fee deposit and will bill hourly. However, in some cases, attorneys can be flexible with their representation and billing. Is she willing to make a limited appearance to represent you only at a mediation or at one hearing? Does he have a flat fee arrangement arrangements to draft an agreement that you've already made with your spouse? Sometimes these arrangements can save clients thousands of dollars when they hire the attorney only when they need the legal consultation or limited representation. 
3. Be civil with you ex. Not only will this cut down on the number of nasty letters and e-mails that the attorneys are writing to each other, it also helps establish trust in the new relationship of being a separated couple. This trust element really facilitates agreement during negotiation. 
4. Be honest with your attorney. Disclose anything that you think your attorney needs to know. Those secrets that you have not disclosed to your attorney will end up needing to be reviewed when they come out. Plus, your attorney's advice may change once he or she has knowledge of the issue. 
5. Go to mediation prepared. Do not go to mediation until you have a complete knowledge of the assets and liabilities at issue and you have knowledge of the financial issues for both parties. In addition, all parenting evaluations should be complete prior to mediation. Attending mediation unprepared can be frustrating to the mediator and can result in a failed mediation (mediation without settlement) or a prolonged mediation (continue to another date)--either of which will cost you more. 
6. Be organized. When you drop off documents to your attorney, organize them so that the paralegal is not having to do this for you. Bring in copies so that you are not charged by the law office for copy charges. 
7. Communicate with your attorney, but find a counselor if you are having emotional issues. If your attorney bills hourly, it is important to remember that every time you call or e-mail the attorney, you are incurring charges. Short e-mails and telephone calls can add up! 

To keep costs low, most clients prefer to settle their case out of court, either at mediation or through negotiation with the opposing side. Typically, when you have hired an attorney, the sooner you and your spouse can agree on the terms of the divorce, the less fees you will have incurred on attorneys and experts. However, not all cases can be settled outside of court. If a case goes to trial, costs increase significantly. 

It is important to at least consult with a competent attorney in a dissolution situation. A divorce can have major financial implications, but it is possible to divorce without breaking the bank. 

Copyright © 2014 Wong Fleming, All rights reserved.
______________________________________

Rachel Luke is a attorney in the Bellevue office of Wong Fleming. Ms. Luke practices family law and represents clients on divorces, custody issues, parenting plans, child support, and more. 

The Wong Fleming Web Page and all of the information on the website are public resources of general information and entertainment which are intended, but not promised or guaranteed, to be correct, complete and up-to-date. This website may also be considered advertising under various jurisdiction rules governing attorney professional conduct, but it is not intended and does not constitute legal advice. The reader should not consider transmission of these materials to create an attorney-client relationship, should not rely on information provided herein and should always seek the advice of competent counsel in the reader’s jurisdiction. Wong Fleming does not intend links on the website to be referrals or endorsements of the linked entities, and offers no comment regarding the contents of other websites linked to this website. Wong Fleming does not wish to represent anyone desiring information based upon viewing this website in a state where this website fails to comply with all laws and ethical rules of that state. Materials appearing at this website may only be reproduced in their entirety (without modification, and must include this Disclaimer)

Before proceeding, please note: If you are not a current client of Wong Fleming, please do not include any information in an e-mail that you or someone else considers to be of a confidential or secret nature. Wong Fleming has no duty to keep confidential any of the information you provide. Neither the transmission nor receipt of your information is considered a request for legal advice, securing legal services or retaining a lawyer. An attorney-client relationship with Wong Fleming or any lawyer at Wong Fleming is not established until and unless Wong Fleming agrees to such a relationship as reflected in a separate writing.