Tag Archive for: parenting schedule

SOPHIE TURNER AND JOE JONAS: THE MEDIATION PROCESS

Sophie Turner and Joe Jonas have recently entered into mediation to address custody matters and establish a parenting plan for their children. The legal representatives for the couple revealed that both parties would engage in a four-day mediation session.

While Judge Katherine Polk Failla had set a trial date for January 2, the mediation process could potentially resolve a significant portion of Turner and Jonas’ custody disputes. During a recent court appearance, Stephen Cullen, Turner’s attorney, asserted that Jonas is seeking joint custody, expressing a desire for a balanced 50-50 arrangement. 

How it Started: The Hague Convention

Actress Sophie Turner initiated a Hague Convention petition claiming her estranged husband, singer and actor Joe Jonas, ‘will not consent’ for their children to ‘return’ to England with her via The Hague Convention on Civil Aspects of International Child Abduction.

Best known for playing Sansa Stark on HBO’s Game of Thrones, Turner said in her petition that the couple had planned to raise their daughters in her native country. It also said the girls “are both fully involved and integrated in all aspects of daily and cultural life in England”.

International family law can be complex and challenging, especially concerning child custody disputes. The Hague Convention on the Civil Aspects of International Parental Child Abduction, aka The Hague Convention, is an international treaty that protects children from parental abduction across international borders.

The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (1980 Hague Convention) is a multilateral treaty that establishes proceedings for the prompt return of children who have been wrongfully removed or kept away from their home country. Currently, there are 101 Contracting States to the Hague Convention. Including the United States and the United Kingdom.

The Significance of Mediation

The decision to pursue mediation comes after Turner’s legal action against her estranged husband, where she sued him for wrongful retention. The complaint against the musician demanded the “immediate return of children wrongfully removed or wrongfully retained,” with Turner’s legal team contending that this “wrongful retention” had begun on September 20, according to PEOPLE.

In response to Turner’s complaint, Jonas countered by expressing his disagreement with her claims, asserting that they had previously reached an agreement to collaborate on a co-parenting plan. Mediation, in essence, operates like having a peacemaker, known as a mediator, who facilitates constructive dialogue and guides individuals in dispute toward a mutually acceptable resolution.

This approach proves especially valuable for parents navigating the challenges of divorce or separation. Mediation provides a nurturing and non-adversarial environment where parents can address issues related to their children and the arrangements for their care.

Now, let’s delve deeper into how mediation can deliver benefits in high-profile cases like this and the everyday scenarios that many families encounter.

Privacy Preservation

One of the key benefits of mediation is the preservation of privacy. Mediation takes place behind closed doors, shielding sensitive family matters from the prying eyes of the media and the public. In traditional courtroom battles, the personal and often intimate details of a family’s life are exposed as evidence is presented, and testimonies are heard. In contrast, mediation focuses on resolving issues without delving into the nitty-gritty of personal lives. This helps protect the privacy and dignity of the parties involved, allowing them to maintain control over what remains private and what is disclosed.

High-profile couples like Sophie Turner and Joe Jonas often attract media attention, and their personal lives become fodder for tabloids and social media. They can minimize the sensationalism and public spectacle surrounding their family matters by choosing mediation. This benefits the couple and helps shield their child from unnecessary public scrutiny.

Maintaining Control

Mediation empowers parents to maintain control over the outcome of their custody and parenting arrangements. This open dialogue can be invaluable in addressing concerns and resolving conflicts constructively. Parents can voice their perspectives, express their desires, and collaboratively explore compromises through mediation. 

Families are dynamic and ever-evolving entities. What works today may not be suitable tomorrow. Mediation acknowledges this reality and allows for adjustments to the parenting plan over time. Parents can return to mediation to revise their arrangements as children grow and circumstances change. This adaptability is a significant asset, ensuring the parenting plan remains relevant and effective throughout the child’s development.

Child-Centered Approach

Regardless of the case’s profile, it’s imperative to maintain a child-centered approach throughout legal proceedings. Mediation helps foster an environment where parents are encouraged to set aside their differences and collaborate for the betterment of their children. Mediation promotes open communication and cooperative problem-solving rather than resorting to adversarial court battles.

This child-centered approach often yields more sustainable and child-friendly solutions. It allows parents to tailor agreements that best suit their children’s needs and circumstances. By focusing on the well-being and future of the children involved, we aim to provide legal guidance and a compassionate and holistic approach to resolving family disputes.

Challenges and Considerations

While mediation offers numerous advantages, it’s essential to recognize that it may not be suitable for every case. In such cases, litigation might be the only recourse to protect their children’s best interests. It’s worth noting that each family’s circumstances are unique, and the choice between mediation and litigation should be carefully considered. Ultimately, the goal is to find the most appropriate and effective means of resolving disputes while safeguarding the welfare of the children involved.

Last Thoughts

Sophie Turner and Joe Jonas’s decision to pursue mediation to address their custody issues and parenting plan is commendable. It showcases their commitment to providing their children with a stable and loving environment while preserving their privacy and control. Mediation can be a valuable tool for all parents, whether in the public eye or not.

Ultimately, the success of Sophie and Joe’s mediation will depend on their willingness to collaborate and prioritize their children’s needs. Regardless of the outcome, their choice to pursue mediation sets a positive example for others facing similar challenges. Sophie and Joe are setting the example that child-centered solutions are achievable, even in the spotlight of Hollywood.

A trial date has been set for just after the new year on Jan. 2. Turner’s lawyer Stephen Cullen hopes the trial will “proceed in parallel track to [the] mediation,” according to the outlet.

Read the full People article here. 


STAY UP TO DATE WITH MASTERS LAW GROUP

Keeping yourself informed about legal developments is crucial, especially in areas as intricate as divorce mediation and parenting time conflicts. The Jonas/Turner case is just one example of the complex issues that can arise in these matters.

By staying updated with Masters Law Group, you empower yourself with the knowledge to help you make informed decisions about your legal situation. Our commitment to providing timely updates and insights aims to support you in your journey through the legal landscape.

 

Child Visitation Rights for Same Sex Couples

Happy LGBTQ Month! To celebrate Pride month, Masters Law Group dives into everything you need to know about Child Visitation (Parenting Time) Rights for Same Sex Couples in our great state of Illinois.

It’s been eight years since Illinois legalized same-sex marriage in the state. If you are a spouse in a same-sex marriage, you may be unfamiliar with Illinois’ visitation rights laws. Though the same statutory provisions apply regardless of same or opposite sex parents, the laws can be complex.

Masters Law Group understands how difficult divorce is for parents who want nothing but the best for their children. Rest assured, our attorneys have in-depth knowledge of same-sex child custody and vistation laws in order to help you. Here’s a look at Parenting Time in Illinois for Same Sex Couples.

What are Child Visitation Rights?

Child Visitation Rights is the in-person time spent between a child and the child’s parent, or guardian which can fall under a grandparent, great-grandparent, sibling, step-parent, or any person designated under subsection (d) of Section 602.7.

The amount of time that a parent or guardian is allowed to visit their child depends on many things. A court won’t restrict visitation in either a joint custody arrangement or a sole custody situation except when it’s necessary to protect a child’s welfare. Under Illinois law, the restriction of parenting time refers to any limit or condition on parenting time, including supervision.

Courts in Illinois don’t typically place restrictions on parenting time, unless necessary to prevent serious endangerment to a child. In Illinois, courts can create restrictions if they feel it necessary in order to protect the child, here are a couple examples of the following:

  • Supervision at visits
  • Mandate locations for visits
  • Deny visits when the parent is under the influence of drugs/alcohol or has used them within a designated period preceding the visit; and
  • Deny overnight visits

It’s important to note that only parents have a legal right to parenting time. However, there are circumstances where guardians may ask for a visitation order from the court when they have been denied reasonable visitation.

Same-Sex Parents Have the Same Parenting Time Rights

In 2015, the Overgefell v. Hodges case went to the US Supreme Court which handed a decision that put same-sex couples on equal footing with all other spouses in domestic relations matters.  People of the same-sex can marry, divorce, and address all of the key issues that come up when dissolving their marriage. The basis of this ruling is the 14th Amendment which prohibits the government from denying a person of certain rights without due process.

States were violating this constitutional concept by forbidding same-sex marriage so the Justices made it legal across the board. As such, same-sex couples can – and must – address child custody, visitation, and child support in any divorce case involving minor children.

Illinois Law on Child Visitation/Parenting Time For Same-Sex Couples

Illinois divorce law uses the terms “Allocation of Parental Responsibilities and Parenting Time to refer to the various issues involved with raising a child. Here are the following provisions:

  • Parenting Time: This concept goes hand in hand with the idea of traditional visitation, where the parent enjoying the time with the child is responsible for the care of the child and making non-significant decisions about the child.
  • Parenting Plan: When a couple divorces, they must submit a Parenting Plan to the court outlining agreements on decision-making and parenting time. Parents who cannot agree may file a separate Parenting Plan and the court will make a decision based upon the child’s best interests.

Illinois Parenting Time Guidelines

Illinois prefers shared parenting time whenever it’s in the child’s best interests. In shared parenting time, the child spends periods with both parents.

A judge must approve all parenting time schedules, even when parents come to an agreement in a settlement. If parents can’t agree, each submits a proposal, and the court decides.

Keep in mind that schedules should align with your child’s needs and can affect your child support payments.

The schedule is a part of your parenting plan, meaning it becomes a legally-binding court order with a judge’s approval. It is important to follow the schedule as written, though parents can agree on small tweaks or ask the court to modify the order.

Hiring an Experienced Attorney

By hiring a knowledgeable family law attorney – who is highly experienced in same-sex family law issues  – you will only help put you and your family at ease. 

Masters Law Group represents individuals in both their initial quest to set a parenting time schedule, as well as parents looking to modify a previously determined schedule.

Throughout her career, attorney Erin E. Masters has focused her practice on all areas related to family law, including divorce, child custody and support, paternity issues, visitation and parenting time, pre- and postnuptial agreements, prosecuting and defending Orders of Protection, and many other areas involving domestic relations and dissolution of marriage.

Furthermore, attorney Anthony G. Joseph is also on the list of approved Guardian Ad Litem/Child Representatives for the Domestic Relations Division of the Circuit Court of Cook County. So you can rest assured you are in the best possible hands.

Don’t hesitate to reach out with any questions, contact us here today to schedule a consultation.