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Oakland County Law Blog

3 things you should know about the Hague Convention

When parents are going through a divorce and enduring a custody battle that has become contentious, they may be feeling desperate to keep their children with them at any cost. Some parents feel it is urgent that their ex not get custody, regardless of what is right for the child, and this urgency may motivate them to act illegally. In extreme cases, parents may even kidnap their own children in order to prevent the other parent from gaining custody.

The Hague Convention was established in order to address such situations. Passed in 1980, it is a treaty that created the protocol for returning children whose parents abduct them and flee to another country. There are a few things parents should know if they are in this situation or in the midst of a custody dispute. 

Different approaches to resolving shareholder disputes

No business is immune from shareholder disputes. Take the recent case of Royal Dutch Shell, which recently had to contend with a dispute involving shareholders feeling concerned about how the majority shareholder conducted matters with the Blackpool Football Club.

For the sake of the company, it is critical to find a resolution quickly and amicably. One such option available to business owners is litigation. For some cases, it may be the strongest yet most civil way to reach a resolution, and attorneys have the necessary qualifications to resolve a litany of disputes ranging from shareholder underperformance claims to breach of fiduciary duty claims. Many business owners worry about bringing litigation into the mix, especially if they know they will still have to work with these shareholders. There are other options available, and you should review all of them in detail to understand what would work best for your business. 

Estate planning after divorce

All your attention during a divorce will likely be on the proceedings. However, once everything is final, you should then turn your attention to updating important estate planning documents. After all, you want to make sure your ex does not receive all your money and property should you pass away.

You no longer have certain obligations to your ex after legally separating. For starters, you will want to update your will, and in some circumstances, it will be better to simply create a new will from scratch. Here are other steps to take during this time: 

Examining the Enforceability of Non-Compete Agreements

We've all been there. You've gone through the interview process and been extended an offer of employment. You go through a stack of paperwork with the HR representative, signing your signature on or placing your initials on page after page.

One of those pages in the stack was likely a non-compete agreement. It's understandable that you didn't give it much thought at the time. After all, why would you be thinking about your exit in the midst of your excitement over a new career opportunity?

Do I need a lawyer to set up my business in Farmington Hills?

If you are planning to set up a small or medium-sized business in the Farmington Hills area, you likely have many different issues you are facing simultaneously. Business formation is a complex process and requires countless decisions, both big and small, for the process to go smoothly.

Forming a business or corporation is an incredibly important step. It is essential that you have a trusted legal advisor to assist you in business formation. There are several advantages to hiring a business attorney to help you handle not only the formation of your business but also advise you throughout the life of your company. 

Can you divorce for asset-protection reasons in Michigan?

Many divorces occur because the parties grew apart or committed acts that were hard to move past. Financial issues, too, drive many divorces. However, what if you want to remain married, but it may make sense for financial reasons to get divorced? For example, what if one spouse has a high chance of losing assets such as the house, cars and money due to a personal injury lawsuit or another type of lawsuit such as one for malpractice? By getting divorced ahead of any legal actions, the both of you would, in theory, have the peace of mind that at least half of your estate is secure. So, is divorce a realistic asset-protection strategy?

Michigan is a "no-fault" state, which means you do not have to provide a reason to divorce. As long as at least one party wants a divorce, the court will likely grant it. That said, there may be avenues to explore that prove less risky than divorce. Here is a look at why divorce for asset-protection reasons can be dangerous.

Tips For Protecting Your Business & Financial Assets In Divorce

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One pressing concern for professionals such as lawyers, dentists and doctors who have considerable assets is how to safeguard these assets and their business in a divorce. After all, it can be more than frustrating to think about the possibility of your ex ending up with the business you spent years building and cultivating.

When to call in a lawyer on a contract dispute

Contracts form the basis for protecting parties in an agreement. When disputes arise, sometimes the parties are able to resolve the issue through their own discussions. In many situations, however, the parties are unable to find a shared solution to the contract dispute on their own.

In these cases, a business attorney needs to assist in finding a legal resolution to the dispute. There are several typical situations in which a lawyer needs to intervene to assist a client in resolving a contract dispute.

3 things to know about LGBT parenting in Michigan

With the landmark Supreme Court decision making same-sex marriage legal across the United States, same-sex couples now have the same right to marry as heterosexual couples in any state. However, marriage is just one aspect of family life, and each state governs many other aspects of family law differently.

In Michigan, LGBT parents do not always have the same rights under state law as heterosexual couples. For lesbian, gay, bisexual and transgender couples who wish to become parents or are already parenting, it is important to understand aspects of how the law governs their status. Here are three basics to keep in mind.

What is the Hague Convention on International Child Abduction?

If you are a Michigan parent married to or divorced from a foreign national, you may worry about the possibility of your children’s other parent taking them overseas for a visit and refusing to return them. Such international parental abduction cases are not all that uncommon, especially when the parent has strong family ties to people in the foreign country.

In the event you and your children become the victims of this form of kidnapping, you may be able to get help via the Hague Convention on the Civil Aspects of International Child Abduction. This Convention came about in 1980 when the Hague Conference on Private International Law drafted this treaty in an attempt to get all 98 countries that signed it, of which the United States is one, on the same page with regard to their own laws and also their commitment to recognize, respect and abide by the laws of all the other countries.

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