How are debts owed to family members dealt with in divorce proceedings?
The first question for the court to determine is whether the debts are legitimate, and this is a...
Stories have emerged today about the ongoing custody dispute between Madonna and Guy Richie concerning their son Rocco (read the full story here). The issue arose when Guy Richie failed to return Rocco to his mother in Manhattan before Christmas. Guy Richie states this is because Rocco wished to remain in London with him but this position is not accepted by Madonna. As Rocco was resident in Manhattan the case is, at the moment, being heard by a court in New York. Consequently there is more information available in the media about the latest hearing which took place on the 2 March 2016, than there would have been had the hearing been in London. What is clear from the comments made in the hearing by Rocco’s own lawyers is the impact the dispute is having upon him. His lawyer confirmed it had been a ‘very difficult time for him’ and the judge criticised both parents for seeking to resolve the dispute in court rather than by private agreement. She stressed she was ‘encouraging the parents to work to resolve this matter and take the tremendous pressure off their son’.
Bitter custody battles about the arrangements for children can have a huge impact on both the parents and children concerned. Parents are therefore encouraged to resolve their disputes out of court if at all possible either directly between themselves or with the assistance of specialist lawyers who can deal with the negations in a sensitive manner.
Further the number of people opting for mediation rather than going immediately to court is increasing. This is because the cost of mediation is less and it has been shown to produce better long term outcomes for families. There is less acrimony and parents are far more likely to stick to arrangements they have agreed themselves, than ones imposed upon them by a court.
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