Collaborative Law

  • |

    Closing of Supervised Visitation Centers Complicates Contested Parenting Cases

    ByParnell, Michels & McKay Law Offices Hours

    The Greater Nashua Supervised Visitation Center is expecting to close its doors at the end of the year due to a lack of federal funding. This closure further reduces the options available to parents needing supervision of their parenting time. Since the 2014 closing of the Manchester YWCA supervision center, only a handful of supervised visitation centers remain in New Hampshire. In 2016, Focus on Families opened in Manchester, filling part of the void. However, due to the limited hours each of the centers offer for supervision services, there is often more cases needing supervision than time available to supervise. With the closing of the Greater Nashua Supervised Visitation Center, the shortage of available supervision will only increase. Supervised visitation centers serve an important role…

  • |

    Co-Parenting Dos and Don’ts

    ByParnell, Michels & McKay Law Offices Hours

    Several months ago, this blog discussed the value of good co-parenting. All too often, the media plagues its consumers with disheartening narratives like the vindictive ex-wife or the deadbeat dad. Unquestionably, Family Law is a field bursting with deep-seated emotions. The most important thing for any parent is their child. Parents want to make sure their kids are safe and secure, both financially and physically. Parents want to ensure their children grow up healthy, happy, and successful. They want a better life for their children. In fact, what is often lost in the media’s tropes are the impact such narratives have on children. These tropes can arise from toxic co-parenting. A consistent and constant problem in a number of cases before New Hampshire’s Family Courts…

  • |

    Co-Parenting: Sacrificing Your Own Desires for the Betterment of your Child

    ByParnell, Michels & McKay Law Offices Hours

    Family Law is arguably the legal profession’s most volatile field. Certainly, there are a number of other fields that could vie for this claim. Intellectual Property law is in constant flux, there is often palpable tension at Real Estate closings, and in Criminal Law, individual freedom often hangs in the balance. However, it is in the realm of Family Law that those with deep emotional hurt must plot out the remaining years of those who are most important to them: their children. All too often, individuals are blinded by their disgust and anger with their ex-partners to properly address co-parenting. Are there times when a parent effectively has chosen to alienate themselves from their child? Unfortunately, that answer is sometimes yes, but a significant majority…

  • |

    New Hampshire Collaborative Divorce Honors Catherine P. McKay with 2016 John Cameron Award

    ByParnell, Michels & McKay Law Offices Hours

    We are proud to announce that Catherine P. McKay has been named the 2016 John Cameron Memorial Award winner for her service towards the development of Collaborative law in New Hampshire. This award is given annually to the individual who best represents and moves forward the goals and ideals of collaborative law. The late John Cameron was once quoted by Attorney McKay as having a “collaborative heart”. He, like Catherine McKay, recognized the benefit of keeping legal disputes out of Court and allowing parties to obtain their own relief by working together. This takes the focus off of litigation and the negativity that can accompany it and instead focuses on a more progressive approach to legal problem-solving. Collaborative law is an ideal option in family…

  • |

    What Is Recrimination and How Does It Affect Adultery Divorces In NH?

    ByParnell, Michels & McKay Law Offices Hours

    Divorce is an area of family law that frequently delves into the sensitive foundation of the parties’ relationship. Some clients come in emotional, hurt, and raw, looking to determine the exact cause of their divorce. However, fault-based divorces are difficult to prove in and of themselves. Moreover, parties must prove that the alleged fault was the exact and only cause of the breakdown of the marriage. Even when the parties are convinced they can achieve a fault-ground divorce (like adultery), there are a number of traps and pitfalls for potential Petitioners. The defense of “recrimination” is one such example. As a practical matter, this defense is frequently conjoined with a cross-petition for a fault-ground divorce to help support this legal defense. In August of 2016,…

  • |

    Collaborative Divorce: Why You Want to Consider the Collaborative Approach to Divorce

    ByParnell, Michels & McKay Law Offices Hours

    Collaborative divorce is an approach to problem resolution in the family law setting. In New Hampshire, parents are often required to discuss and agree on a “parenting plan” which encourages collaborative resolution. It is an alternative dispute resolution technique for resolving conflicts and reaching agreements using cooperation rather than adversarial techniques and litigation. It recognizes the value of an attorney, but avoids the involvement of the Court. The idea is that the parties will fully cooperate in the process. The result of the process is that the divorcing parties develop skills through the collaborative process that will assist them in addressing not only the issues common to divorce but also the inevitable issues that all parents confront as their children grow. The Collaborative process incorporates…

  • |

    Co-Parenting Tips for the Holidays

    ByParnell, Michels & McKay Law Offices Hours

    Lisa Garbardi, Ph.D., is a mental health specialist that deals with difficulties like co-parenting after a divorce. She wrote an exceptional article comparing co-parenting over the holidays to Charles Dickens story, A Christmas Carol. She speaks about the bitterness that can come with the divorce process, especially through litigation, and how that affects a parent’s enjoyment of the holidays.Here is a link to the article. If you are going through your first (or twentieth) holiday after a divorce, it is worth the read. https://gabardi.com/2014/12/14/a-lesson-from-dickens-for-co-parents-this-holiday-season/ If you are interested in any of our legal services or have questions and concerns about issues you may have in your life, please contact us to learn more.

  • |

    Timing of Divorce In Preparation for College

    ByParnell, Michels & McKay Law Offices Hours

    As couples with teenage children are considering divorce, one of the things to think about is the timing of the divorce. We have always considered the timing of divorce as this impacts the parties’ ability to file a joint income tax return. However, I had never considered how this might impact their children’s ability to get financial aid. I recently came across a post from Robert Bordett, a Certified Financial Planner and Certified Divorce Financial Analyst in Georgia, in which he shares some information he learned about the timing of divorce and its impact on financial aid. https://familyaffaires.com/co-parenting-work-together-divorce/. A collaborative divorce process allows the family to consider all factors associated with their divorce, including the timing. As Mr. Bordett explains, the timing of the divorce…

  • |

    The Voice of A Child of Divorce

    ByParnell, Michels & McKay Law Offices Hours

    This video titled. “Dear Mom and Dad: Voice of a Child of Divorce” touches on one of the major problems associated with parental disputes in divorces. Certain divorces can become very bitter and emotional affairs, and often parents seek to “win over” their children to their side. This can have catastrophic consequences for the parties’ children. One divorce Judge in Minnesota offered profound remarks on what happens when a child is put in the middle of a divorce and asked to choose. Judge Michael Haas, now retired, said:“Your children have come into this world because of the two of you. Perhaps you two made lousy choices as to whom you decided to be the other parent. If so, that is YOUR problem and YOUR fault….

  • |

    Collaborative Law Getting More and More National Recognition

    ByParnell, Michels & McKay Law Offices Hours

    CNBC recently featured an article on collaborative law being applied in divorce cases. As the author, Deborah Nason, states, “Divorce will never be a walk in the park, but it doesn’t have to be a traumatic process, either.” She addresses the major problems that can be created by litigating a divorce to conclusion in Court. For a lot of people, the cost of a divorce is a major factor. According to the article, litigating a divorce can cost as much as three times or more than a collaborative divorce. As we have discussed in this blog before, Collaborative Divorce is a process that involves each party having their own lawyer. The agreement includes a clause in each party’s contract with the lawyer that if the…