The Law About Children and Your Divorce

Divorce can have a devastating effect, not only on the parties involved, but in particular the children. If a divorce is amicable then in most instances agreement will be reached between the parties as to who will look after them and what visiting rights are given for the other party. In these situations it is often possible for the children not to suffer, but when agreement can't be reached, then undoubtedly it can cause a lot of anguish for the children.

It is sad but true that in some cases the parties to the divorce can become unpleasantly selfish and this can often lead to either party becoming totally unreasonable about who gets custody of the children. A battle effectively commences and neither will give ground, so the case has to go to court for independent assessment and judgement. This is when it can get very distressing for children.

A court is faced with making a very difficult decision when deciding on the custody of minor children. However, the one overriding factor that a court must take into account is the decision has to always be in the best interest of the children. For example, a court must not make a custody decision based upon rewarding the party it thinks isn't guilty for the divorce or as a punishment to the one it thinks is mainly responsible for the divorce. It has to be objective and take into account which parent will offer the best opportunities and provide a safe and caring home environment.

Many factors have to be taken into account and it can take several hearings and much deliberating before a final decision is given. The court will need to learn about each parent and consider which one is best suited to raising the children. It may take into account age, their jobs, where they live and the court will try to ascertain the type of relationship each parent has with their children.

In most cases the court will also want to ensure that both parents will continue to care for their children, despite them being separated. Custody may be awarded to one parent, but the court will also decide on what rights the other parent has for seeing his or her children regularly.

A court can award custody to either parent, or if both parents are divorcing amicably, they can award custody to both. However, if the children are of school age then the court will determine which parent is best set up to ensure the children are properly educated.

A court will try not to get involved with visitation rights, if at all possible as it would prefer to allow the parents to work out the arrangements. However, if the parents are in dispute and are unable to come to a suitable arrangement then the court will impose visitation rights to the parent that has not been awarded custody.

As difficult as divorce can be, if you have children, try to put them in first place. They need the support of both parents and if it can be done amicably it will help your children and provide security for them.

Employment Law About Redundancy

Although employment law affects everyone in the workforce, it is arguably the most complex and most frequently changed area of law.

Redundancy can sometimes be a grey area, and the law specifies that an employee can be dismissed by reason of redundancy only if the decision to dismiss the employee is based on the employer being required to reduce the workforce for a justifiable motive.

Acceptable reasons to reduce a company's workforce include the the termination of the position previously held by the employee, the need for the company to cut costs, the business closing down or moving and/or the introduction of new technologies and systems into the company, thus making the employee's job unnecessary.

The reason this can be a grey area is because sometimes, an employee can be made redundant based on another employee taking over their colleague's job due to the termination of the position they previously held.

Another grey area can be found in the case whereby a company that decides to relocate obliges their employees to move. For employees unwilling to move, there is a fine line between resigning and being made redundant. Employees who have a mobility clause in the work contract can be forced to move within reason. Employees who decide not to move and do not have a mobility clause in their contract could be made redundant.

Employers making 20 or more employees redundant within a 90 day period are said to be making a collective redundancy. Employers are obliged to consult with employees' trade union officials or a representative elected by the employees. Failure to consult with a representative could result in a claim to an Employment Tribunal for a monetary award of up to 90 days pay.

Individual redundancies occur when less than 20 employees are made redundant. Redundant employees should be selected fairly, warned in advance and paid a fee for being made redundant. Employers are obliged to consider any alternatives to redundancy and take appropriate steps to redeploy affected employees.

Employees who have worked for their employer for at least two years have a right to redundancy payment. Short-term and temporary employees who have been laid off for more than four consecutive weeks or six consecutive weeks, in the case of 13 week long employments, also have a right to redundancy pay. Employees not given the appropriate notice period of redundancy, are also entitled to receiving a notice pay. It is important to note that employees, who refuse an alternative job in the company, do not have a right to redundancy payment.

Rental Properties - The Law About Maintaining Them

As a landlord, maintaining your rental properties isn't just a savvy financial idea - it's the law. In Australia, there are strict laws laid out in the Residential Tenancies and Rooming Accommodation Act concerning how to maintain a rental property. Whether you're just starting out with investing in real estate, or if it's been a while since you refreshed your memory about it, the following information should be very useful to you.

The Benefits of Regular Maintenance -

By maintaining your rental properties, you are more likely to attract long-term tenants. Any property management company will tell you that long-term tenants are vastly preferable to those who come and go quickly. Regular maintenance also helps keep major repairs at bay, saving you a great deal of money over the long term. Periodically inspecting the premises of your rental properties is the best way to keep them in tiptop shape.

What the Law Says -

There are many fine points concerning the law when it comes to maintaining a rental property. For one thing, it must always be maintained so that it is fit to live in. If problems arise that make a property uninhabitable, you will be breaking the law in Australia. Your tenants have the right to live in a place that is safe and pleasant, which is why these laws are in place. Besides, letting a problem go only means that it will be that much more difficult to contend with later on down the line.

Rental properties must also be kept in good repair. This means that they must not only be habitable, but they must remain in the same general shape that they were in when a tenant first moved in. That is, of course, barring any egregious damages caused by the tenant. One point that many people are confused about concerns inclusion items. If items such as refrigerators or dishwashers were included on the property and were included in the tenancy agreement, then they must be well maintained by the tenant. Make sure that you are prepared to maintain whatever appliances and other items that you keep in your rental properties.

Emergency Maintenance -

Certain problems must be addressed immediately when it comes to maintaining a rental property. The law dictates that a landlord must be able to have emergency maintenance performed as needed. All other forms of maintenance should be conducted within a reasonable period of time. For this reason, it pays to have a good team in place to handle such issues. You can either engage your property management firm, alternatively employ contractors. This won't just keep your property in good repair - it will help you adhere to the law, too.

Employment Law About Holidays

Statutory holiday is the minimum amount of paid holiday that full-time, part-time, agency and casual workers are entitled to. The armed forces, police, civil protection services and independent workers are not entitled to statutory paid holidays, however, work agreements and contracts could give the right to take contractual holidays.

In the UK, employees are entitled to a minimum of 5.6 weeks' holiday per year. This is calculated by multiplying 5.6 by the number of days worked per week. Employers are not obliged to grant Bank holidays and public days to their employees. They may ask employees to work on bank and public holidays or give these days off without payment or ask employees to use bank and public holidays as part of their statutory holiday.

All employees who have worked for a company for at least one month are entitled to a written statement of their terms and conditions as well as holidays; failure to do so within two months is illegal on the part of the employer. Employees can contact a Citizens Advice Bureau for advice.

Depending on the employee's contract, the holiday pay could either be the same rate of their normal pay or higher. Employees should be wary with employers who inform them that their hourly pay rate includes an amount for holiday pay. This is referred to as "rolled up" holiday pay and can be illegal if the holiday pay and hourly pay are not distinguished on the pay slip.

Workers are entitled to paid holiday from their first day of employment; however they may not be able to take all their paid leave when they start their contract.

Employees build up their holiday as soon as they begin working, however employers can have a say on when their employees can take their holidays. When a job is finished, all untaken holidays will be paid for by the employer. Employees are also entitled to their statutory holiday while on maternity, paternity and adoption leave.

When requesting to take holiday, employees are obliged to give their employer notice that is twice as long as the amount of holiday desired. In turn, an employer can refuse the holiday requested by the employee as long as a notice that matches the holiday length is given to the employee.

An employer can also decide when an employee takes their holiday. For example, some companies close during Christmas period, therefore obliging their staff to take their holidays during close down period. To do this, the company is obliged to give notice to the staff that is twice as long as the holiday.

Lead Paint - What Is the RRP Law About?

For many homeowners and contractors the three letters RRP have become a nightmare of huge proportions and are not going to go away. For those who do not know what this means it is an abbreviation for renovation, repair and painting and is the tag used to describe the new law that is now in enforcement from the Environmental Protection Agency (EPA). This law has completely changed how all contractors must handle renovations in homes that were built prior to 1978.

For many contractors this has caused very painful realities in how they do work every day. Since the law was unveiled it means that any residential building that was built prior to 1978 must have a lead assessment test done prior to any work being completed. At this time there is only one EPA recognized lead test kit that can be legally used across the United States within this law from LeadCheck. If lead is found the homeowner can expect extra charges and many inconveniences while these renovations are being completed.

When you look back to my initial question, what is the RRP law about?

According to the documents from the EPA it was initially started as a safety precaution in daycares and HUD funded houses to protect children from this toxic compound found in dust that is released when lead paint is disturbed. Prior to July 6, 2010 there was an "opt-out" option that a homeowner could pass on the law as long as there are no children or pregnant women living in the dwelling. However, this is no longer an option, now the law covers all residential buildings as well as the buildings that were covered previously. Currently there is no home that test positive for lead can have renovations done without using the lead safe practices that have been put forward by the EPA unless the work is done illegally.

This all being said I ask what about the other sources of lead? This law will cut down on the lead issue but will not stop the issue completely. How many people think about other items in your home that still are being produced in the Unites States and more prevalent are the items that are being sold at the big box stores that are being imported from overseas. Of course we hear from time to time about a large recall on a certain children's toy that has unacceptable lead levels. But what about some other items, are you aware there is lead in:

• Extension cords
• Ceramic Dishes
• Vinyl Mini Blinds
• Throw rugs & Area carpets
• Lunch boxes
• Circuit boards and many electronics
• Plumbing Solder
• Christmas decorations
• Ceramic tiles
• Children's Jewelry
• Ceramic toothbrush holders
• Garden Hoses

Until the lead is removed from all products in the Unites States we will not end Lead Poisoning? I agree that something had to be done about the lead issue but, What are the responsibilities of the homeowner? Should you as a homeowner have the option to opt-out?

California Labor Laws About Regulating Employee Internet Activity

The popularity of the internet and social media has made it the top choice of communication platform in this modern age. In fact, almost all people you meet these days have their own Facebook or Twitter account, which represent two of the most popular social networking sites on the internet. This has also been the center of controversy in the workplace with quite a few employees from various parts of the law having been fired due to their posts on Facebook. It is therefore important to consider what the California labor laws had to say about regulation of internet activity, especially when posts made have something to do with their employer or work.

This particular aspect of the California labor law entails the privacy rights of the employees, along with freedom of speech. The Article 1, Section 1 of the California law regarding employment states that all citizens, not just employees, are free and independent by nature to express their thoughts in whatever medium would suit them. In connection with this, they also have a right to privacy that they can protect at all times.

This particular right carries over to the workplace and employer liability can therefore be prevented if you took the time to learn about the law's coverage when it comes to upholding these rights. The status of the employee does not even matter when concerning this aspect of the law because all employees have the right to privacy.

This is one of the most argued element of the California labor law over the years, whether between private or public companies. Company owners think that it is part of the employer rights to dismiss someone from their job based on their conduct. However, the California Constitution would say that employers have no right to regulate or limit activity by the employees, especially when it is done during off-working hours, provided of course that the activity is legal and is not directly meant to disparage the company concerned.

Businesses that are looking to pursue and protect their own employers rights think it is worthwhile to pursue discussion on this matter. This is indeed a very complex area of the law to consider knowing that nearly all types of social media or internet activities done by the employee takes place outside of the work environment, such as their home, internet cafes, library, or anywhere they have access to internet. This becomes even more complicated as most companies rely on internet technologies to operate their business, which therefore provides their employees more access to the internet.

Any activities performed by the employee via the internet or their social media accounts do not hold them accountable for dismissal or termination from the job. The only known grounds for dismissal, based on the Labor Code in the state of California, is any online activity upheld by the employee that includes but not limited to the following: disclosure of confidential company information, violation of another co-worker's privacy, or any illegal activity, especially when it is damaging to the company where the person is employed under. This is when the employers rights will be put in effect and where the regulatory rights of the company will last.

Debates are still ongoing as to the extent of protection for employers with internet and social media activity by employees. But as for now, the California labor laws remain firm in resources.

Child Custody Laws About Visitation

Creating a child visitation schedule is a lot of work. It can be exhausting and stressful to come up with the arrangement that dictates when your child spends time with each parent. While you're creating your visitation plan, it is essential that you know the laws that surround child visitation. Knowing the laws can save you time and hassle that would come when you have to change something to be in accordance with the law. It also helps you prevent problems down the road because you know about the laws sooner and can do something before your agreement becomes a court order. Here are three visitation laws that are vital to your custody agreement.

1. Both parents have an equal right to see the child. Every state has the basic law that both parents have equal rights to the children. This obviously changes if there is proof of abuse or harm to the child. You need to realize that your ex has a legal right to see the children--and you have that right as well. Unless you can prove that your former spouse is harmful for the kids, it is unlikely that the court won't let them visit the child. And, don't ever let your former spouse say that you can't see the kids. Instead of trying to block out the other parent, come up with a schedule that allows for visitation.

2. If you and your former spouse can't agree on visitation, the court decides. Thus, it is in your best interest to try, if at all possible, to work out something with your ex because the court could come up with something you don't like. If you take control of the situation and create your own visitation schedule with the terms and conditions that meet your needs then you will be much more satisfied with the custody arrangement. If you and the child's other parent simple can't agree, be prepared to present your case to court. Show the court that the visitation plan you propose is in the child's best interest.

3. Only the court order is legally binding. This means that anything you want in your custody agreement has to be in the court order. Think about this and decide what provisions and stipulations you want in your agreement. Perhaps you always want to know the other parent's address. Write that down as a provision. Maybe you'd like a stipulation that says no girlfriends or boyfriends may spend the night when your child is visiting. Or, maybe you'd like a provision that says the other parent receives information about people who will live or spend time with the children. All of this is common information that parents want. But, if it isn't in the court order, your former spouse doesn't have to give you the information. Think ahead to any problems or situations that may come up and add in appropriate provisions to your agreement. This will save you heartache and hassle in the long run.

It's important that you understand the laws about visitation so that you aren't unpleasantly caught off guard in your custody situation. Remember that both parents have the right to see the children. Accept this and come up with a visitation schedule that works for you and the child's other parent. And, be sure that you put anything you want legally binding in the court order. That way you have more of a say about what goes on in your child's life. And, you can feel more at peace knowing that your custody agreement is working for you and not against you.