GOLDEN LAWS FOR HAPPY AND HEALTHY FAMILIES

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A happy and healthy family life is something to treasure.  Most of us grow up in such dysfunctional situations, that we never realize that there are other ways to live.  True bliss, 24/7, is possible for all of us.  Of course when I was growing up, I didn’t realize that.  Life was filled with strife.  It seemed to be constant.  We saw it everyday in the news we watched and papers we read.  It was rampant in the struggles we had getting through school.  The unfriendly students we faced on a daily basis, who, at the time, just seemed to be such a natural part of our existence, were conditioned to be the way they were.  It didn’t have to be that way for them, or for us.

Joy is something that is possible to achieve at a very young age, and it can become an integral part of all of our lives.  But we’re not all conditioned to experience this.  It is usually just the opposite.  Our conditioning, from such social institutions as school, church, government, and parents, is usually just the opposite.  It is designed to point us toward our most basic primal instinct of fear, which we tend to live on and through our entire lives.  We are conditioned to focus on the negativity that surrounds us, rather than the infinite perfection that is our birthright.

We can learn to recondition ourselves to experience all the beauty we were put on this planet to experience.  By doing so, we turn ourselves into joyful, loving beings.  This allows us to be what it is that we want to see in the world that surrounds us.  This allows us to be the examples of love and benefaction that we would wish our children to be.  We cannot expect to be one thing, while we demand something entirely different from our children.  We must lead by example, not by words.  This sort of consciousness is then handed down to our children, who, hopefully, will gain upon it during their lifetimes, and then genetically pass down to their children much happier, and more mentally and emotionally balanced genetics.  The grandchildren of our future family; the leaders of our future generations.

The next couple months, we will be exploring the different aspects of higher Golden Laws that we can utilize in the family environment, to enable us to communicate better, love greater, and achieve the infinite abundance we were destined to experience.  This is our birthright.  And, this is possible right now, at all times.  Bliss is only a moment away.

FACEBOOK AND TWITTER CAN KILL YOUR CUSTODY CASE

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Another good way to mess up your family law case is to not pay attention to what you’re doing with either your Facebook account or your Twitter account.  For instance, say you’re in a child custody battle with your ex.  And you’re trying to prove that you’ve cleaned up your act, and you would make a good custodial parent, because you no longer abuse alcohol and drugs.

Your ex might then argue that this is not true, because just last month you posted a photo on your Facebook account showing a beer in each hand and a joint between your lips.  This is admissible evidence in California family law courts.

Before taking your spouse to court, you might also want to make sure that your children are not posting things on their Facebook or Twitter accounts that could prove embarrassing at the least, or potentially damaging to your family law case.  If you don’t believe it, just check out the survey the ABA (American Bar Association)published where they claim Facebook is the “unrivaled leader” in online divorce evidence.

E MAILS CAN KILL YOUR FAMILY LAW CASE

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There are few ways that can kill a family law case quicker than hanging one’s emotions on a series of badly intentioned e mails.  What happens often is a client will come into the office with a certain position regarding their case.  The family law attorney will take what the client says at face value, and prepare their case strategy as such.  The client will deny that any improper communications have been made, and proffer that there is no proof to the contrary.

Often the opposite will be discovered during the discovery stage, where the other side will produce a slew of e mails showing that what the client says, and what the facts are, are in direct conflict with each other.  Sometimes, the family law attorney never gets a chance to discover the problem before going to court.

Most commonly, this happens when the other side files a request for a TRO (Temporary Restraining Order), where the other party will attach e mails to support their allegations of harassment or threats of domestic violence.  This happens all the time.

E mails constitute documentary evidence and are admissible in court.  They tend to speak for themselves, but may also be attacked for other reasons.  So it is important to remember that every time you have a bad day, and your (former) partner pushes your proverbial buttons, that long established mental-emotional reaction pattern that has for so long been a part of your life and your relationship, could come back and haunt you in the worst possible way, when the very life of your family is at stake.

TRACING YOUR SEPARATE PROPERTY INTERESTS

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In California Family Law, tracing hidden assets tracing cannot be used to overcome presumptions arising from form of title, but it can be used to rebut the community property presumption that applies to property that is not titled.  It can also be used to establish significant reimbursement rights, which can be a big issue in a divorce.

At minimum, tracing will require testimony from the client.  This is critical to prove the source of the funds that are in question as well as how those funds were used.  The spouse will also have to testify that:  a) he or she intended to acquire a separate interest with those funds; and, b) that that intention was communicated to the other spouse.

If the involved parties have weaved a complicated financial web, an accountant or forensic expert should be brought in to help the attorney determine exactly what belongs to whom.  An expert can sift through the myriad of transactions and provide the court with a point-by-point history of all the transactions involved between the parties.

There are two basic types of “summaries” that an expert might present to a court:  summary charts of evidence produced at trial and summaries of voluminous records.  The case of tracing hidden assets, requires the witness to lay a foundation.  Testimony is then required to establish that each of the line items in the summary be based on other admissible evidence, such as cancelled checks or bank statements.  And most importantly, the summary and related testimony must save time for the court.