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Separation Agreements | Why You Need Independent Legal Advice

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  Separating from your spouse?  Whether you are married or have been engaged in a 'common law' relationship and you are separating, independent legal advice (ILA) is crucial when entering into a written separation agreement for several reasons: 1. Understanding Your Rights and Obligations :  A written Separation Agreement, once it is signed, is a legal contract. Spending an hour with your own lawyer ensures that you understand fully your legal rights and obligations under the contract. This understanding is vital to ensure that you’re making informed decisions. 2. Fairness and Equity : Having someone impartial review the agreement can help ensure that it is fair and equitable to both parties. ILA can prevent one party from taking advantage of the other, particularly in emotionally charged situations. 3. Future Protection: An experienced lawyer can identify potential legal issues, consequences or pitfalls that you may not have considered, helping to safeguard your interes...

Child Protection | Child Protective Services

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  A "child in need of protection" typically refers to a child who is at risk of harm due to various circumstances, which might include: 1. Neglect : When a child’s basic needs, such as food, shelter, education, or medical care, are not being met by their caregivers.    2. Abuse : This can be physical, emotional, or sexual abuse inflicted by parents, guardians, or other adults in the child's life. 3. Parental Incapacity : Situations where caregivers are unable to provide proper care due to mental illness, substance abuse, or other issues. 4. Exposure to Domestic Violence : When a child witnesses violence in their home, even if they are not directly harmed. 5. Exploitation : Involvement in illegal activities (like child labor or trafficking) or being placed in situations where they are at significant risk. Each jurisdiction may have specific laws and definitions regarding what constitutes a child in need of protection, often outlined in child welfare legislation. Generally,...

Separating From Your Spouse in New Brunswick?

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Separating from your spouse in New Brunswick? The emotional landscape that accompanies separation is often stressful and difficult to navigate.  Conflict between married or common law couples can generate an array of negative emotions.  Heightened emotions can, and often do, interfere with the exercise of rational judgement. Especially if there is a child or children, separation can be a trying time for the entire family unit. Legal issues inevitably emerge if the couple decides that the relationship has come to an end.  Issues can include custody of a child or children, access to those children, financial support and property division.   In some cases, more serious issues may arise, for example, if the conflict becomes violent.  In such cases, criminal charges may result and, in the civil context, a restraining order may be necessary. Family court is not the only way to resolve the legal issues when couples separate.  A better approach is to try to ne...