Kiwilaw Advocates Ltd - Hamilton
‘Yield to principle, not to pressure.’ (from R Fisher & WL Udy, 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).
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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)
·
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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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
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
upcoming courses in your area, click here
(Ministry of Justice website).
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) – 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. 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.
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).
(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.
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 lawyers and
who are providing advice to the lawyers’ clients on behalf of the employer.
Rather, it applies to non-lawyer providers, such as accountancy firms. (This
point is currently before the Court of Appeal and is expected to be clarified later
in 2012.)
In the past, Cheryl has employed
legally-qualified law clerks who 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 when critics erroneously assumed this was
impermissible.
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.
KAL
structure ‘We,’
not ‘I’ Legal
advice For
critics
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Page updated: 19
January 2012.