Kiwilaw Advocates Ltd
- Hamilton
‘Yield to principle, not to pressure.’ (from R Fisher & WL Ury, Getting to Yes:
Negotiating Agreement Without Giving In)
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SEPARATED? WITH CHILDREN? or CONCERNED ABOUT THE GRANDCHILDREN?
We
strongly recommend that you read this book! - ‘A
New Way to Win: How to Resolve Your Child Custody Dispute Without Giving Up, Giving In, or Going Broke’, by
Tobias Desjardins, 2010 ·
Buy
here – Amazon (including Kindle) ·
Available to clients in our library
Kiwilaw
Advocates Ltd is a family-law practice, based in Hamilton, with a focus on fairness for the child, the parents, and
the family. (Technically it is an incorporated law firm through which
Cheryl Simes practises as a barrister sole. More technical detail…)
Yes, we can help you fight for your
‘rights’, or your children’s ‘rights’, in the Family Court. (While doing so, we
will emphasise to you that the children
must not be caught in the middle of this; and we will explain why.)
We can also help you vigorously defend
proceedings that someone else has brought against you.
We will do this if it is really necessary, or
if you specifically want to spend lots of money on legal fees.
However…
We prefer to help you identify options that will work best
for your children, and try to reach a fair,
reasonable and safe outcome - without having to ‘fight’.
It may not be necessary to start (or continue)
Court proceedings at all.
Decisions should be based on objective criteria, not bullying and
power games.
We can:
·
advise you about the key principles spelt out in law
·
help you to obtain expert information about what is best for your child and your
family
·
provide leaflets, DVDs, and other information resources for your use
·
help you use
this information to negotiate an
outcome that works.
This may include using some of the services
available through the Family Court.
Or your case may be suitable for a ‘collaborative law’ approach.
Collaborative law is an increasingly recognised method of assisted negotiation
which can achieve early and long-lasting results at a fraction of the cost of
legal proceedings.
If you prefer, we can help you to represent yourself in Court. (In
technical language, we offer ‘unbundled legal services’ and ‘limited scope
representation’ as well as full legal representation.)
Different
situations need different approaches. One size does not fit all.
Do give
us a call on 07 839 0911, or email kiwilawhamilton@gmail.com, or
call in to our office (strategically located in the Presbyterian Opportunity
Shop building, 13 Liverpool Street, Hamilton, with the free inner-city-bus stop
directly outside).
See also our recommended resources.
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Our services include…
Listening to you
(that’s number 1)
Helping you to:
·
understand what’s important for your children,
and what the law says
·
assess safety issues
·
keep yourself and your children safe from abuse
and violence
·
make an urgent application to the Family Court,
to keep you or your children safe, or to get your children back, or to enforce
an existing order
·
explore options with the other parent
·
make your own parenting plan for your children
·
negotiate with other family members about what
is best for your children
·
get the best outcome from Court-referred
‘counselling’ and/or ‘mediation’
·
express your views without making matters worse
·
present your case in the Family Court
·
respond to a specialist report that you may
disagree with
Explaining to you:
·
how the Family Court can help sort out issues
about your children
·
what Court-referred ‘counselling’ and
‘mediation’ are all about
·
what the Court is likely to decide, if you
cannot sort out the issues yourselves
·
the effect on your children of ongoing risks,
especially parental conflict
·
the significance of specialist reports obtained
by the Court in your case
Referring you to
other people who can help with specific issues
Access to DVDs,
leaflets, articles, book chapters, and other helpful resources (we have a small
library for client use, plus DVD-viewing facilities)
Providing information
and advice in writing, so you can review it later
Writing up any
agreements that are reached
Liaising with
your children’s lawyer (if one is appointed by the Court)
Liaising with
the other parent’s lawyer, or with the other parent if they do not have a
lawyer
Representing you in
the Family Court
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Initial cost
Access
to information via this website: No charge
Consultation
and legal advice (up to 1½ hours): $300 (incl GST)
(This is a 30% discount or more, on
normal rates!!)
·
personal interview, or telephone, or email, as
preferred
Full fee information for ongoing work (if any)
- provided at initial consultation. Fees depend on the complexity of issues,
plus time spent.
Legal-aid eligibility explained without charge.
(We regret that we do not currently provide legally-aided services. If you are
eligible for legal aid, we can refer you to other lawyers who can help.)
Leaflets/DVDs
without specific legal advice No
charge
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Who’s who at Kiwilaw
Cheryl Simes
MA (Hons), LLB (Hons), Cert in Quality Assurance
Owner and director of the
company. A lawyer, employed by the
company as a barrister.
Law is Cheryl’s second career. She was the top
student in her year at Waikato Law School. Her primary focus is on helping
people to use the law to resist bullying and wrongdoing, to understand the
effects on children of emotional and physical harm, and to identify options
that can help clients and their children make a new start. She has a keen
interest in psychological issues that affect family relationships.
Email: kiwilaw.cheryl@gmail.com
Annette Bostock-Young
Diploma in Child Protection Studies
Specialist paralegal and family advocate,
employed by the company. Not a lawyer. Also provides administrative
support.
Annette’s expertise is in child development,
child protection, victim support, effects of sexual abuse, recovery from family
violence, and practical parenting arrangements. She is passionately committed
to helping families provide the emotional care and stability that every child
is entitled to. She can help to sort out a situation where an agreement is
going wrong. She can also help clients and their children to access specialist
support.
Email: kiwilaw.annette@gmail.com
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CONTACT US
Kiwilaw Advocates Ltd – Hamilton – New Zealand
13 Liverpool Street
(Presbyterian Opportunity Shop building), CBD, Hamilton
P O Box 4265, Hamilton East,
Hamilton 3247
Phone 07 839 0911 – Fax 07
839 4070 – Mobile 021 701 838
Office email: kiwilawhamilton@gmail.com
Facebook: www.facebook.com/Kiwilaw.Advocates.Ltd
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Resources, about shared parenting (and related issues)
Many of these items are also available in hard
copy at our offices. Call in and have a look. We can also send you copies.
General information is intended to be
introductory only. It is not a substitute for getting your own legal advice,
whether from us or from someone else.
Helping children handle separation
Making your own parenting plan for your child/ren
Not yet online:
Counselling
referrals through the Family Court
Mediation
through the Family Court
Sharing
guardianship decisions
Collaborative
law / interest-based negotiation
High-conflict
parents and significant others
Key
principles for parenting and guardianship decision-making
Helping children handle separation
Please, please,
PLEASE, do not involve children in any conflict
between or about their parents. It causes long-term harm to
their development. Some experts say it is as bad as feeding your children
poison. Just
don’t do it!
Unless there are special circumstances or it is
unsafe, it is in a child’s best interests to have a strong relationship with both
parents, and with their extended family. It helps them grow and develop to
their full potential. Your challenge is to help this happen.
Children’s Bill of Rights (American Academy of Matrimonial Lawyers
website) – equally relevant to New Zealand.
Ten tips for divorcing
parents (American Academy of
Matrimonial Lawyers website) – equally relevant to New Zealand.
We strongly recommend the (free) Parenting Through
Separation courses which
are available to parents and grandparents. Each course consists of two 2-hour
sessions. For more information, click here
(Ministry of Justice website). For contact
details for course providers in your area, click here
(Ministry of Justice website). (The MOJ website used to list dates and times of
upcoming courses. It no longer does so.)
Parenting Through
Separation – DVD
for parents – produced by the Family Court. Advice and
information to encourage parents to make positive decisions about their
children’s care. Also has introductory information about the Family
Court, counselling, mediation conference, and final hearing. Information also
about ‘Parenting Through Separation’ courses. Contact us to
request a free copy.
Putting Your Children
First – booklet
for parents – produced by the Family Court. Advice and
information to encourage separating parents to make positive decisions about
their children’s care. Includes, at front, details of other agencies who can assist. Also – highly recommended – includes list of
books both for parents and for children. Contact us to
request a free copy.
Kids Talk About
Separation – interactive DVD for children and young people, with advice and information
about issues that often arise when parents separate. Produced by the Family
Court. Contact us to
request a free copy.
Children’s Guide to Family Separation – booklet – view
here (Family Court website) (PDF, 1318Kb). Contact us
to
request a free hard copy.
Children’s Guide to the Family Court –
booklet – view
here (Family Court website) (PDF, 839Kb). Contact us
to
request a free hard copy.
Teenagers’ Guide to Family Separation – booklet
– view
here (Family Court website) (PDF, 776Kb). Contact us
to
request a free hard copy.
Teenagers’ Guide to
the Family Court – booklet
– view
here (Family Court website) (PDF, 586Kb). Contact
us to request a free hard copy.
Making your own parenting plan for your child/ren
There is no rigid formula. We
recommend that you find out what will generally work best at your child’s state
of development. Then brainstorm ideas of how to put this into practice.
Think about each parent’s
strengths – and also friends and extended family.
Try to ensure that the child’s
schedule is the same each week (other than holidays) – because this is the
easiest for most children to cope with (according to recent research outlined
in September 2011 at a conference Cheryl attended).
Planning
for Shared Parenting: a guide for parents living apart (Association of Family and Conciliation Courts, 2011)
– we strongly recommend this larger
booklet – available from our offices
(cost: $10 plus $2 postage/packing). It provides careful guidance for each age
group, plus issues such as holidays.
Parenting Plans: parents’ guide to making plans for their
children after separation
– produced by the Family Court – outlines principles,
also has pages for your specific plan. Contact
us
to request a free hard copy. View
a copy here (from the Ministry of Justice website) (PDF, 2.6Mb).
Building a Parenting Agreement That
Works – a highly-recommended self-help manual, with
detailed guidance on identifying and resolving issues, including using
mediation and other dispute-resolution resources. Available to clients in our
library. (Click here for Amazon.)
(to be continued)
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Legal technicalities about Kiwilaw
KAL structure ‘We,’ not ‘I’ Legal advice For critics
Structure and role of Kiwilaw
Advocates Ltd
Kiwilaw
Advocates Ltd is an incorporated law
firm through which Cheryl Simes practises on her own account as a barrister
sole. An incorporated law firm is a type of company. Cheryl is the sole
director and shareholder of the company, as required by the Lawyers and Conveyancers Act 2006.
A barrister
sole is a lawyer who focuses only on Court work and related
advice/negotiation, does not have a trust account, does not do conveyancing or transactional work, and by current Law
Society rules is required to be instructed through a solicitor. Traditionally
the client instructs (and communicates with) the solicitor, and the solicitor
instructs (and communicates with) the barrister; but this can be changed with
the consent of solicitor and client. The traditional distinction between
solicitor and barrister is blurred in New Zealand practice, especially in
family law. (There is some controversy about this. The rule is currently being
reviewed. The Family Law Section of the New Zealand Law Society is recommending
that the rule be abolished.)
‘Advocate’ (as in
‘Kiwilaw Advocates Ltd’) means anyone who practises
advocacy. It includes barristers. It also includes non-lawyer advocates.
Currently, as well as Cheryl as
barrister, the company employs one paralegal/family
advocate (Annette).
KAL
structure ‘We,’
not ‘I’ Legal
advice For critics
Why not say ‘I’ instead of ‘we’?
In descriptions of Kiwilaw
Advocates Ltd’s work, certain purists would prefer
the use of ‘I’ rather than ‘we’, to reflect the ‘barrister sole’ aspect.
Cheryl prefers ‘we’ because she works with
others, both within the same organisation and outside it. She has the
responsibility for the work, but she could not do it without others’ help.
As she is writing this webpage, and the purists
are not, she has chosen to use ‘we’.
KAL structure ‘We,’ not ‘I’ Legal advice For critics
A side issue – who may provide legal
advice?
Under New Zealand law, non-lawyers are allowed to provide legal advice, including
about Court proceedings, and be paid for this.
However, they are not allowed to provide (paid)
legal advice about the ‘direction and management’ of Court proceedings.
In Cheryl’s opinion, and from her research,
even this restriction does not apply to non-lawyers who are employed by lawyer
organisations and who are providing advice to the clients of the lawyer
organisation on behalf of the employer. Rather, it applies to non-lawyer
organisations, such as accountancy firms. (This point is currently before the
Court of Appeal and should be settled by late 2012, if not sooner through other
mechanisms.)
In the past, Cheryl has employed
legally-qualified law clerks who – although not holding practising certificates
– were well able to provide legal advice to clients. Although cost-effective
both for Cheryl and for those paying the legal fees, this proved controversial
in 2009-2010 when critics erroneously assumed this was unlawful. (Those critics
refused to discuss the possibility that the legal restrictions were not as they
assumed. They also failed to rebut Cheryl’s interpretation. They simply took
action against her for refusing to comply with their demands. The story is not
yet over. It is not yet appropriate to make full details public. It is an
interesting example of how dogmatic, ideological commitment can triumph over
rational analysis.)
KAL
structure ‘We,’
not ‘I’ Legal
advice For critics
Any current or future issues
Critics or sceptics about aspects of Kiwilaw’s practice or structure are requested to raise any
concerns direct with Cheryl – and as soon as such concerns arise, rather than 6
or 12 or 18 months later, as has occurred in the past.
Lawyers in particular are reminded that they
have an obligation to promote courtesy and collegiality: being upfront and
prompt in drawing Cheryl’s attention to perceived flaws in her practice is
preferable to making anonymous phone calls to other agencies or making
assumptions that are not checked.
At times we at Kiwilaw
Advocates Ltd may do things differently from other lawyers. That should not, in
itself, be a crime.
KAL
structure ‘We,’
not ‘I’ Legal
advice For critics
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Page updated: 22
February 2012.