Law Week: We dive deep into Family Law and Divorce
Frey tells us when someone files a Complaint for Divorce, an automatic restraining order goes into effect – children cannot be taken out of school or leave the island, finances have to remain the status quo, no beneficiary changes.
When it comes to the legal standard used by the Family Court in regards to child custody and
visitation, Frey says it's the best interest of the child which considers various factors, including child's safety, health, wellbeing; parental ability and fitness; child's relationship with each parent; child's age and developmental stage; child's wishes; continuity and stability; and history of abuse.
Frey recommends engaging in mediation in the divorce process. But it is done on a case-by-case basis. Typically in a Divorce, the Court will order mediation prior to a trial so if there are contested issues, it is a good idea to engage mediation as early as possible. Consider public options such as Mediation with the Pacific which charges persons based on a sliding scale, and private options, which have individual retainers of ~$5,000 that are typically split evenly
between the parties. Any issues can be mediated – property disputes, custody and visitation issues, spousal support, etc.
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