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.

Lawrence Reaves writes for Ephraim law, a divorce lawyer who has offices in Fairfax and Loudon counties. Click here for the Fairfax office and also check out this link for info on the Loudon office.

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What Does a Real Estate Attorney Do?

Whether or not an individual is selling or buying a house, one needs a group of professional advisers to seek help from such as a real estate attorney and a realtor. A realtor will help choose the right property or the suitable buyer and will also work out a selling price/closing date. An attorney can evaluate whatever offer an individual comes up with or get, and ensure that an individual's legal rights are upheld while his or her obligations are well-defined.

If one is prepared to make or take a deal on a property or home, and have not appointed an attorney yet, one can have the proposal dependent on an attorney's assessment and endorsement prior to signing an agreement.

One can find non-legal assistance claiming that they can carry out many of the legal tasks that are needed. Any individual who thinks that it is too costly to hire a proper legal service needs to understand that lawyers are part of a standardized profession, which means that there are regulations that they need to conform to, as well as ethical standards enforced by the Texas States Bar. An individual who is not a real estate attorney does not also share the same standards. This is also not the appropriate time for an individual to do things on his or her own since buying a house is often a consumer most costly purchase.

While some legal forms utilized in real estate may appear the same, purchase or binder agreement forms differ from one state to another.

Additionally, a number of title insurance firms and brokers insist that one retains a lawyer to make sure that, among other things, the property is free from liens, it has a clear title, and that the sale is going to close as expected.

An attorney's function can usually be as comprehensive as one would like including a cost breakdown. Although it is rather uncommon for the buyer or seller to request a lawyer to give a written explanation of his or her services and charges before one goes ahead.

There are a number of things that an individual's real estate attorney should be able to do in purchasing a property. First, make a buyer understand his or her contract of purchase which includes how the title will be transferred. Second, the attorney will ensure that the property title is good. Third, handle all the necessary legal documents. Fourth, make the mortgage terms clear and change anything if needed. Fifth, evaluate the changes before the transaction is closed. Fifth, be present during the closing and go over the documents that the buyer has to sign. Sixth, prepare title insurance to protect the buyer from any troubles that may arise due to title problems. Seventh, make sure that the buyer gets a legitimate title subject only to obligations that the buyer has agreed on.

There are also numerous tasks that a real estate attorney will be able to help a seller with. First, go over the binder and also prepare the contract and the terms of agreement. Second, prepare the deed to transfer real estate property, as well as power of attorney if required. Third, handle any title related issue that comes up and resolve them. Fourth, be present during the closing and go over the documents that the seller has to sign. Fifth, prepare the transfer of security deposits. Sixth, prepare for certificate of insurance if necessary.

Tom A. Higgin is an accomplished legal writer. He wrote this article to inform individuals on Real Estate Attorney San Antonio. If your seeking information on another related topic, take a look at Credit Card Defense Texas

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Deciding Between a Touring Caravan and a Static Caravan

Choosing between a static and a touring caravan depends on how adventurous you are. New caravan sales are expected to soar, as people opt for staycations, due to rising travel costs. If you want to travel around the country or Europe, a touring caravan is best for you. You can enjoy a 'wherever I lay my hat is my home' kind of abandon, which is very liberating. You can visit various dealers to check out new caravan sales. It's always better to see a local dealer, in case of problems, it's also easier for yearly servicing. Choose wisely, it will be a large investment. There are varying degrees of luxury, depending on your budget. Facilities vary from camp site to camp site. Most have a laundry room, battery charging facilities and wifi. Some have a swimming pool, and recreation areas.

The advantage of a static caravan is that you can put it in a location of your choice and it can be a comfortable home from home for weekends and holidays. It can sleep up to 8 or 10 people, so you could have extended family round for a visit. You have comfortable seating, a fully fitted kitchen with all the mod cons. You can install a plasma TV and connect it to a satellite dish. You also have normal bathroom and toilet facilities, plumbed in to the caravan site. You get your electricity and water from the site, too. You can always rent out your static caravan to help pay the yearly fees.

The disadvantages are that once it is in place, you can't just up and leave without the major hassle of getting it moved professionally, and for a high price. Static fees can be very high in certain places and you have to take into account that the site closes down for 5- 6 months in the winter period, so you won't be able to stay then. You need to have insurance cover all year round, subject to weather damage, also possible vandalism. General maintenance is required, including the updating of gas and electricity safety certificates. Some parks don't allow older static caravans on their sites and ask for them to be removed when they age. Some don't allow pets.

The advantage of a touring caravan is that you can enjoy the changing scenery. It offers the excitement of visiting a different place whenever you feel like it, then staying in a place a bit longer if you prefer. Pets can travel with you. You can insure the caravan just for the time period it will actually be on the road. You can put up an awning, to create extra space.

The disadvantages are that you are confined to a much smaller space, and living in a cramped environment on a rainy day can be frustrating. There is more of a risk of accidents while touring, not to mention soaring petrol prices. In the high season you have to book in advance to get a suitable camping place, which curtails the freedom of roaming around. When you get to your destination there is a risk that you may be disappointed by lack of facilities, or the conditions may not as described on the website.

Michael P Richards is writing on behalf of North Western Caravans, specialists in New Caravan Sales

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Fighting For An Extension Of Time

Subsection 169(1) of the Income Tax Act (the "ITA") provides, in part, that a taxpayer may institute an appeal in the Tax Court of Canada to dispute a (re)assessment or notice of confirmation (jointly referred to as the "Reassessment"). In order to institute a valid appeal, a taxpayer must submit a notice of appeal, along with the appropriate filing fee, to the Tax Court within 90-days of the date that the Minister of National Revenue mailed the Reassessment (the ("90-day Period").

If Minister has satisfied its burden that the technical rules associated with the mailing of the Reassessment and if taxpayer has not instituted a valid appeal with the 90-day Period (assuming the discoverability rule does not apply) a taxpayer may apply for an extension of time to appeal under paragraph 167(5)(b) of the ITA. The Tax Court will consider an application for an extension of time if the application is filed within one year after the 90-day Period i.e., within one year and 90-days from the date indicated on the Reassessment.

Subsection 167(5) of the ITA provides that the Tax Court shall not grant an application for an extension of time to appeal unless the taxpayer can establish all of the following conditions: (1) s/he had a genuine intention to appeal within the 90-day Period or s/he was unable to act, or instruct another to act, within the 90-day Period; (2) it would be just an equitable to grant the application; (3) the application was filed as soon as circumstances permitted; and (4) there are reasonable grounds for the appeal (jointly referred to as the "4 Application Conditions").

The Tax Court recently considered whether a taxpayer satisfied the above-noted conditions in M.P.N. Holding Ltd. v. Her Majesty the Queen ("MPN"), 2011 TCC 181. For present purposes, the salient facts in MPN were as follows. MPN objected to a Part XIII withholding tax assessment related to management fees that MPN paid to a non-resident corporation, Arden Advisors LLC ("Arden"). MPN's position at the objection stage was that Arden was a limited liability corporation that did not have a permanent establishment in Canada and, therefore, Article VII of the Canada-U.S. Income Tax Convention (the "Convention") precludes the Minister assessing Part XIII withholding tax on the amounts that MPN paid Arden. The Minister issued a notice of confirmation, dated February 2, 2009, denying MPN's objection on the basis that limited liability corporations were not liable to tax in the United States and, therefore, not entitled to benefits under the Convention (the "Minister's Convention Position"). MPN did not institute an appeal within the 90-day Period.

MPN was unaware that the Minister assessed TD Securities (USA) LLC ("TD") for Part XIII withholding tax. The Minister purported to justify its assessment against TD using the same Minister's Convention Position. On October 22, 2008, TD instituted an appeal in the Tax Court to dispute the Minister's Convention Position. At that time, MPN's objection was outstanding. On April 8, 2010, the Tax Court allowed TD's appeal on the basis that the Minister's Convention Position was wrong in law. MPN learned of the Tax Court's TD decision and MPN applied for an extension of time to appeal. MPN's application was filed within the one year 90-day Period and the Tax Court considered whether MPN satisfied the 4 Application Conditions. MPN argued that it satisfied had a genuine intention to appeal within the 90-day Period because - at all material times - MPN disagreed with the Reassessment and the Minister's Convention Position. In addition, MPN argued that it was unable to act because of the cost of litigation.

Although Justice Sheridan accepted that that MPN never agreed with the Minister's Convention Position within the 90-day Period, she held that this fact was not sufficient to satisfy the requirement that MPN had a bona fide intention to appeal within the 90-day period. Justice Sheridan noted that MPN's directing mind acknowledged that MPN did not appeal the subject reassessment because it believed that an appeal would be cost prohibitive and challenging. In addition, MPN's acknowledged that it decided to file its application for an extension of time to appeal only after it learned that TD instituted its appeal. In these circumstances, Justice Sheridan held that MPN simply chose not to appeal within the 90-day Period and, therefore, MPN did not have a genuine intention to appeal within the 90-day Period.

Second, Justice Sheridan addressed MPN's argument that the costs of litigation, like a mental or physical impairment, rendered it unable to act. Justice Sheridan observed that the Court could accept that an inability to pay litigation costs could constitute an inability to act within the 90-day Period and satisfy the first condition of the 4 Application Conditions. However, that was not what prevented MPN from filing a notice of appeal within the 90-day period. MPN simply chose not to act.

It is unfortunate, to say the least, that MPN was unable to establish all of the 4 Application Conditions. If MPN instituted its appeal within the 90-day period, it could have applied to the Court to hold MPN's appeal in abeyance pending the resolution of the TD appeal. This way, MPN may have benefited from the Tax Court's decision in the TD case without incurring significant expense. It appears that MPN's only recourse may be to seek remission under the Financial Administration Act. In any event, we believe that Justice Sheridan's reasons for judgment in MPN are valuable to taxpayers and practitioners applying for an extension of time to appeal. Justice Sheridan's reasons illuminate what constitutes a bona fide intention to appeal and confirm that financial constraints may constitute an inability to act.

The information contained in this article is for general information purposes only. It is not intended to provide legal advice or opinions of any kind and may not be used for professional or commercial purposes. No one should act, or refrain from acting, based solely upon the materials provided on this article. Moreover, this communication does not establish a solicitor-client relationship between Mr. Peter V. Aprile, ATX Law and you. Every tax matter is unique and we strongly recommend that you discuss your matter with a reputable tax lawyer. Please don't hesitate to contact our firm to discuss your particular tax matter at http://www.atxlaw.ca/.

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Paris Museums Open Their Doors

May 14th offers a perfect opportunity to see some of Paris' finest museums under the late spring moon. Part of a series of European free museum nights, Paris museums willl be open to the public for one night only. Around 200 participating museums, galleries and monuments will have free entry and stay open until 1am.

Some of the most internationally renowned museums like the Musee de Louvre, Musee d'Orsay and the Pompidou Centre will see thousands through their gates. For visitors looking for things to do in Paris, there will be few opportunities like this to take an evening or midnight stroll through Paris and enjoy some of its great art.

And to avoid the rush of the Louvre crowds, why not head to the left bank of the Seine and check out the Orsay? Housed in the former beaux-arts railway station of Gare d'Orsay, it holds the key impressionist and post-impressionist French painters of the 19th and early 20th century. A wonderful Paris attraction for art connoseiurs, here you will find Monet, Manet, Renoir, Cezanne and Gauguin under one roof.

For history and military buffs, the French Air and Space Museum, opened in 1919, offers a trip through France's exceptional aviation history. With material back into the 16th century and over 150 aircraft located in the museum's hangars, also displays protoype spacecraft rockets.

A trip to the fashionable quarter of La Vilette will take you to the wonderful Cite de la Musique. Opened in 1995 and designed by architect Christian de Portzamparc, it consits of an amphitheatre and concert hall that can accommodate upto a thousand people. The centrepiece for music fans must be the museum's outstanding and rare collection of instruments collected by the Conservatoire de Paris. In addition to over 200 classical guitars, visitors will find instruments dating back to the 17th century including rarities such as the octobass and crystal flute.

And finally, to complete a wonderful free night of culture why not pay a visit to the Sevres Ceramincs museum? The most famous and illustrious of ceramics makers in France are considered to be the finest ceramics makers in the world, and the museum contains over 10,000 works in the permanent collection.

So if you are going to visit Paris this May, make sure you dont miss out on a fantastic opportunity to see some of the world's finest paintings, sculpture, architecture and music!

Walter is a Fine Artist based in England. A lover of textures, colours and sounds. Lately, in love with Paris attractions.

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Studying Class Suits From a Class Action Lawyer

There are few things more dramatic than a television show or film that shows ordinary people joining together in a class action lawsuit to bring down corporations. Like what every class action lawyer will tell you, it is not as simple as that. It takes more than a group of people complaining about the same thing to gain the benefits of a class suit.

Origins of the law

Class actions as done in America have their origins in the legal traditions of the English chancery court. In the 17th century, English courts set up the "bill of peace." This allowed a group to be represented in court by a single person. To be eligible for the bill, there were three requirements. They first looked at whether there were many interested persons for the lawsuit. The second was determining if all members had an interest in the issues. The third required a representative who can protect the interests of all members, especially those who were absent.

The US adopted class representation on a case-to-case basis until the US Supreme Court said in 1853 that courts should allow it for the sake of justice and convenience. In 1938, as part of the effort to come up with a set of rules for class action lawsuits, the Supreme Court adopted Federal Rule of Civil Procedure 23. Several states, including California, still rely on Federal Rule 23 today to guide them on class suits.

Any class action attorney will tell you that class suit helps deal with cases that involve large numbers of people. Instead of several individual cases, there is just a consolidated suit. Class suits also give litigants strength and unity, preventing defendants from taking apart a case by going after litigants piecemeal. Class suits also discourage unacceptable conduct among companies

Becoming a class

In most cases, there are three important factors for a court to determine if a class suit is possible. One of the most important is the certification of the "class" that will file the suit as one. A class could be composed of a group of factory workers or customers who were affected by the same brand. Another is that there must be enough members of a class that even joint filings will be cumbersome.

Your class action lawyer will point out, though, that numbers alone do not make a class. Federal courts have been known to recognize a group over a dozen members as a class and reject those with a membership in the hundreds. Another requirement is that the litigants must have issues in common. This means that all the members of the class should have at least one issue of law or fact.

The representative is an important part. He or she is required to be a member of the class, as defined by the court. Additionally, the representative must be capable of fighting for the rights of their class. Federal Rule 23 also insists that there be no family or financial relationship with the class action attorney pushing for the case.

Jade Vaughn is looking for a good class action attorney after hearing of the advantages in getting a veteran class action lawyer

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Best Hostel Websites

Finding a place to stay abroad as a budget traveler can be a very frustrating process. While Vicky and I plan to turn to couch surfers as our main source, you can't guarantee that someone will be available, no matter how many people you mail or how much notice you give. In most cases, the next step will be to turn to a hostel or an apartment share. Where then, are the best websites to go about this, and how do they stack up against each other?

Let's start by considering some of the top hostel websites and see how they handle a fabricated request.

The websites we're going to review are regarded as some of the best in their industry:

HostelWorld
HostelBookers
Hostels
Hostelz
The (fake) Request

Location: Berlin, Germany
Dates: Sept 6th - Sept 9th 2012
Guests: 2

HostelWorld

Results: 167

Lowest Total Price: $46.89 ***after $2 booking fee*** (Ranked 3 in returned results)

When you sort by price it displays the lowest per guest/per night price for all options covering the days you asked. One thing to be careful of is the first night may often be cheaper than say, the second or third, so that it ranks higher in the search engines. For example, the first two hostels that came up were actually $50 MORE EXPENSIVE than what I found by trying a few more farther down...

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Functionality: There's a lot about the functionality that I really liked. First, the search filters allow you to select which features you want, which is clutch if you need a place with internet, for example. Moreover, the map view functionality is extremely helpful if you're looking for certain areas or distances to public transportation. Berlin is a big city and this gets right to the point. In general, review metrics are nice but I don't pay too much attention to anything outside of the overall, unless something stands out as being particularly bad (like cleanliness). Lastly, when you click on a place to view its information, it has some nice summary tables highlighting the features, rates (including days before and after your possible selection) and map in a clear and coherent manner.

HostelBookers

Results: 113

Lowest Total Price: $42.72 ***NO booking fee*** (Ranked 1 in returned results)

It's important to call out a few things here. The first is that the hostel I found here is the same as what I found on HostelWorld, but it was $4 cheaper (that's 10%). The second is that there is no booking fee, which, if you travel a lot, honestly could result in hundreds of dollars saved. Lastly, while with HostelWorld I had some issues in that I felt the price displayed was somewhat misleading (it only represented the cheapest night which was often 50% lower than subsequent nights), I did not run into this problem with HostelBookers. I'm not saying it couldn't happen, I'm just saying I found this site to be more consistent. This is why what ranked #1 in their search results only ranked 3 in HostelWorld, because in HostelWorld, the first two slots were occupied by hostels that had very cheap nights but expensive subsequent nights (resulting in double the overall price).

Functionality: This site and HostelWorld have pretty similar functionality with some minor differences. The first that I liked about HostelBookers is the ability to not only sort by price but by whether or not that price was a shared room or a private room as I can definitely see that being a major decision by someone. The second is that they had some nice extras about the hostel called out that I didn't see in HostelWorld, such as the check in/out time, purchasable extras, and what's included. Outside of that I found everything to be pretty much the same.

Hostels

Results: 163

Lowest Total Price: $46.89 ***after $2 booking fee*** (Ranked 3 in returned results)

This essentially returned the same results as hostel world, and as a result also had the same "issues" with pricing. There is a booking fee as well.

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Functionality: In terms of pricing and results this site is very similar to HostelWorld but frankly hasn't come as far a way in its functionality. It's missing some really key search filters (features for example). Lastly, it doesn't have quite as many extras as the aforementioned websites.

Hostelz

Results: 100+ (Didn't call out specifically)

Lowest Total Price: $42.72 ***NO booking fee*** (Ranked 1 in returned results)

Hostelz actually combines search results from Hostel World, HostelBookers, Hostel Club, Student Universe and shows you the price of booking on each. You can literally see, for example, that HostelWorld charges more for the same place. By booking through HostelBookers you got the best deal. It's a cool way to right off the bat get a comparison of them both.

Functionality: Slightly less appealing to use because it includes some of the extras in the description instead of calling them out separately like HostelBookers and HostelWorld. That said, I give it credit for comparing reviews and prices on the websites that it includes (HostelWorld, HostelBookers, HostelClub, Student Universe)

Recommendation: Hostel Booker

Although HostelBooker returned significantly less results than some of the other websites, I still prefer this one for several reasons.

Overall better deal and more upfront about the prices. With Hostel World if you didn't do you research properly you could end up spending not just 10% more but 100% more.

It's important to note that this was only one case studies and results may vary. Given enough time, I would probably check several of these websites to really make sure I was getting the best deal, but I think Hostel Booker is my first choice going forward.

Dave Schneider runs a travel blog at
http://www.acoupletravelers.com/ which specializes in providing budget travel tips to readers.

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