Tag: family law

What Does Presumption Of Parentage Mean In Family Law?

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Many of the key matters of the cases that come before the Family Court relate to children and by extension the parents of those children. In the majority of these cases there is no ambiguity as to who the parents of those children are, however, many family lawyers are involved in cases where the parentage of a child is disputed.

By disputed, it can either be the case that someone who the mother claims is the father and therefore has responsibilities to the child including financial ones, disputes her claim. In effect, they are saying that they are not the father, and thus any parental or financial responsibilities for the child are not his.

Conversely, it could be that someone who believes they are the father of a child and wishes to have contact with them has their claim disputed by the child’s mother, who states that someone else is the child’s father.

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Transgender Persons and the Law

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A host of issues face transgender persons when trying to obtain fair access to the legal system.  Some of the most important concerns are:

  • Cost
  • Inexperienced legal counsel due to lack of education or familiarity with transgender issues
  • Distrust of those unfamiliar with transgender issues
  • Attorneys who reject transgender cases
  • Unfriendly or hostile court or law enforcement environments
  • Unacceptable paperwork or administrative hurdles
  • Some services may require the disclosure of the transgender status

How can attorneys make their offices a safe place for transgender persons.  Here are a few ideas:  Make sure your office is a non-discriminatory environment.  Make sure to include gender identity and sexual orientation in your official non-discrimination policy.  Be careful with pronouns and issues surrounding transition.

Make sure your restroom are non-gendered and available to your transgender clients but do not “require” that transgender persons use them.  Have a policy that allows trans people to use the gendered bathroom of their choice and educate staff and about your restroom policies.   Be accommodating but don’t make assumptions when providing directions or keys to restrooms.

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