Litigation

Clearly there are times when a family matter must be litigated.  Van (pronounced “Vun”) has a unique understanding of the interplay between immigration law and family law as these are her only two areas of law practice.   She has been called upon numerous times by clients and colleagues alike to:

• Prevent noncitizens and citizens alike from removing children from the state and/or the country;
• Consult and/or litigate high conflict cases involving a threat by a lawful permanent resident (LPR) or United States citizen (USC) spouse to have the noncitizen spouse deported by reporting them to Immigration Customs and Enforcement (ICE); and 
• Consult and/or litigate cases involving the abuse of noncitizen spouses and their children at the hands of lawful permanent resident or United States citizen spouse.  Victims of domestic abuse have special protection under Federal law and these options must be thoroughly explored with the noncitizen.

However, as a former judicial intern and law clerk, Van has seen one too many empty victories in family court.  When parties ask the court to make very personal decisions, which will affect their lives and their children’s lives, they will undoubtedly be disappointed in the results.  It would be naïve to think that a trial would provide the court with a complete understanding of the parties, their children’s needs, and the many other aspects of the parties’ lives  which make life manageable.  Even if the court is able to appreciate the complex lives that many families lead today, they are constrained by the law in terms of what they are able to do to meet the needs of the parties and their children.  This would not be the case if the parties were to craft their own agreement either through mediation or collaboration. 

To determine whether your desired interests and goals would be best achieved by litigation, mediation, or collaboration, contact us for a consultation.