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    What is in store for family law in 2024?

    2024 has the potential to see the conclusion of a number of UK government legislation amendments and consultations. Each carefully considered change will have a far-reaching impact on family law and those dealing with the personal impact of family law matters. So, as we begin the new year, we look at important changes on the horizon and suggest what may be in store for family law in 2024.
    Financial Remedies Court reporting pilot
    The spotlight on ‘transparency in the Family Court’ continues in 2024. Following on from last year’s introduction of measures to increase understanding and scrutiny of the system, a new pilot scheme is set to start on January 29th.
    The Financial Remedies Court (FRC) reporting pilot will allow accredited journalists and bloggers to report on financial remedies proceedings. These include financial issues arising from divorce and civil partnership dissolution, and child support cases.
    The FRC pilot will initially cover three trial courts: the Central Family Court, Birmingham, and Leeds. Notably, certain hearings, like Financial Dispute Resolution, will maintain confidentiality, preserving the privacy of those involved.
    Proposed amendment to Victims and Prisoners Bill affecting parental responsibility
    In January 2024 the Ministry of Justice’s proposed amendment to the Victims and Prisoners Bill moves to the next stage. The proposal announced in 2022 seeks to automatically remove parental responsibility for parents convicted of the murder or voluntary manslaughter of their co-parent.
    The legislation change emerged after the death of Jade Ward, whose partner and father of her child murdered her in 2021. He was found guilty and sentenced to a minimum of 25 years in jail. Since then, Jade’s family have lobbied for a change in the law to automatically remove parental responsibility so that convicted offenders can no longer seek information about their children or make key decisions about their lives.
    The Ministry of Justice have confirmed that there will be exemptions in cases involving domestic abuse.
    Possible outline of future financial remedies reform
    In 2023 the Law Commission of England and Wales launched a comprehensive review of financial remedy orders. The review examines how finances are divided among couples post-divorce or civil partnership dissolution, currently governed by the Matrimonial Causes Act 1973 and Civil Partnership Act 2004.
    The aim of the review is to evaluate the effectiveness of current laws and ensure fairness for divorcing couples. Among other factors, the review set out to analyse discretionary powers of judges, explore wider powers for orders involving children over the age of eighteen, assess pension-related orders, review the mechanics and structure of post-divorce financial payments.
    The findings, anticipated in a scoping report in September 2024, may pave the way for significant reforms in future financial remedies legislation.
    Family court fees to rise
    Last month the UK Government completed a consultation which looks to increase court fees by up to 10% in 2024.
    The Ministry for Justice wants to increase revenue generated by the courts to ensure that they remain ‘sufficiently resourced’ to protect access to the courts for all those who seek justice.
    Users of His Majesty’s Courts and Tribunals Service (HMCTS), including the family court, contribute to the cost of the justice process by paying fees. Court fees generated £727 million of the total £2.3 billion cost to run HMCTS in 2022/23, with the remainder funded by the taxpayer.
    By increasing court fees by 10% the UK government is expected to generate up to £42 million per year. The key objectives of the price increase are to keep pace with increased costs, improve service delivery, subsidise the cost of free services, and reduce the overall cost to the taxpayer.
    Key 2024 family court fee increases include:

    Application for a divorce, or civil partnership dissolution – fees will rise from £593 to £652
    Application for a parental order – fees will rise from £232 to £255
    Application/permission to apply for adoption – fees will rise from £183 to £201
    Application for a financial order (other than consent order) – fees will rise from £275 to £303.

    Resolving family matters out of court
    In 2024 we’ll see a continuing emphasis on encouraging parties to seek resolution of their disputes outside of the court system. Last year the UK government carried out a consultation ‘Supporting earlier resolution of private family law arrangements’ to review mediation in family law.
    As a result, in 2024 we could see mandatory mediation for all suitable low-level family court cases (excluding those which include allegations or a history of domestic violence). The aim is to divert family disputes away from stretched courts and protect children from the impact of acrimonious and long-running court cases.
    It’s hoped the proposals will mean more people can make decisions and achieve resolutions with the support of a qualified mediator, rather than placing the decision with the family court.
    General election
    While the date of the next UK general election is still to be announced, it’s widely anticipated that the current Conservative government will call for an election in 2024.
    The latest voting intention polls suggest that Labour may win the next election, meaning a change in government. Whilst no parties have yet released their election manifestos, and the exact nature of any proposed changes to family law is yet unknown, we can expect to see some impact. More

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    What happens to the children if me and my ex want to live in two different countries?

    By now, most of us will have seen the stories circulating about Joe Jonas and Sophie Turner’s divorce. Whilst some parts are reportedly fairly straightforward, like their watertight prenup, it seems there may be some contentious issues regarding their two daughters and child custody battles.
    Seemingly, the young girls have had their official residence in England, the home of Turner, their mother. However, they are currently living in the United States with Jonas and the couple, after some back-and-forth, including a claim of ‘wrongful detention’ and child abduction, have decided to temporarily keep the children in New York. Child custody battles over the country of habitual residence can be extremely stressful for both parents and children.
    Although this may seem like a dispute only the super-wealthy and celebrities have, divorce cases involving children and two different jurisdictions do happen and child abduction in the context of divorce is more common than we may realise.
    Removing a child or children from the jurisdiction (i.e. from England or Wales) without the permission of the Court or the other parent, if there is a Child Arrangements Order or Residence Order in place, is known as international abduction. Sadly, international abduction is becoming increasingly common.
    Parental Child Abduction is where a parent or guardian of a child takes them out of their country of habitual residence – where they normally live – without the permission of others with parental responsibility or the courts.
    If you plan to move away, particularly abroad, after separating from your partner, it is best that this is agreed with your ex before any changes take place to prevent difficulties arising and potentially contentious and costly court proceedings. Mediation can assist in resolving these disputes and keeping the parents relationship amicable, which is in the children’s best interests.
    You can reach an agreement without using a divorce lawyer, but this agreement will not be legally binding should disputes arise down the line. However, for a legally binding document, you will need to obtain a child arrangements order and you should seek legal advice.
    Adding an international element to the situation throws a further spanner in the works as you as parents, or the Court should proceedings go down this route, will need to decide which country is going to be the habitual residence of the children and therefore where the children will live.
    Child custody battles in divorce can be exceptionally complicated, especially when habitual residence comes into play. However, there are laws in place that protect the children, and the child/ren’s wellbeing, along with the arrangements that will be in the children’s best interests, will be the ultimate focus of the family court.
    Whilst the drama of a celebrity divorce such as Sophie Turner and Joe Jonas’ can seem intense and sometimes overly acrimonious, what is going on behind the scenes is legally difficult as well as being a highly emotionally charged subject.
    Where the children should live if the parents are wanting to split to different countries is usually decided by the court (if the parents cannot agree), but further obstacles can arise with which country’s legal system should make the decision which may be the case for Sophie Turner and Joe Jonas’ girls given that they are currently staying in New York.
    It is essential if you find yourself in a multi-jurisdictional dispute, i.e. child custody battles across two different countries, that you seek professional advice from a lawyer in all jurisdictions concerned to ensure the enforceability of any order made. Our lawyers at Stowe are experts in tricky child cases and will be able to support you, and your children, through your unique situation.
    Useful Links
    Changing a Child Arrangements Order
    Bristol Break Up Club: Will divorce damage my children?
    Co-parenting calmly
    Supporting children through divorce More

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    Mandatory mediation: what it could mean for divorcing couples

    Last week the UK Gov announced plans to introduce mandatory mediation for separating or divorcing couples.
    This family justice system reform will make mediation mandatory in all appropriate family court cases. Under the proposals, divorcing or separating couples will be required to try to resolve child arrangements (custody) and financial arrangements through qualified mediation, with court action reserved as a last resort.
    It is hoped that by assisting families to avoid court, backlogs will be reduced, allowing the family courts to focus on cases that require their protection the most.
    Here, Stowe Senior Associate Filomena Sterkaj explains more.
    What are the UK Gov’s mediation reform proposals?
    The government’s new mediation reform plans aim to divert more family disputes away from our overburdened and backlogged family courts. Proposals call for mediation to be made mandatory in all suitable low-level family court cases, with the exception of those involving allegations or a history of domestic violence or concerns of child safeguarding.
    The proposals aim to achieve multiple objectives:

    Lowering demand within the family court system; freeing up resources to ensure that urgent cases are heard more quickly and reducing backlogs
    Protecting children from the negative consequences of seeing their parents resolve family law disputes in court, a process that is frequently fraught with conflict.

    Secretary of State for Justice Dominic Raab MP said “When parents drag out their separation through lengthy and combative courtroom battles it impacts on their children’s school work, mental health and quality of life.”
    If the proposal goes ahead, it is estimated that faster hearings and resolutions could benefit 36,000 vulnerable families each year.
    So how will mediation plans work?
    Under the proposed plans, separating couples will have to try to reach an agreement on their child and financial arrangements through a qualified mediator, reserving court action for complex issues or cases which have not been resolved via mediation.
    It has been suggested that Courts could impose costs orders to hold people accountable if they do not make a ‘reasonable attempt’ to mediate.
    In addition, the government’s Family Mediation Voucher Scheme will be extended until April 2025 backed by an additional £15 million in funding. The scheme provides separating couples with vouchers worth up to £500 to help them solve disputes through mediation and has so far supported over 15,300 families.
    It has been reported that the voucher scheme has been beneficial for separating couples and their children. With further reports that an analysis of the first 7,200 users of the scheme shows 69% of participants have reached whole or partial agreements away from court.
    What is mediation?
    Mediation is a process in which couples work together to resolve their differences. Currently a voluntary alternative dispute resolution (ADR) option to assist families with overcoming disagreements, mediation typically minimises lengthy and acrimonious conflict, helping couples to maintain a constructive relationship – beneficial for both separated parents and their children.
    Mediation is conducted by a trained and accredited mediator who serves as an intermediary, rather than providing legal advice. Mediation can play a vital role in helping separating couples achieve positive outcomes, protecting children from disputes, as well as reducing the burden on the courts.
    Concerns about the mediation reform proposals
    However, the mediation reforms have raised some concerns.
    Firstly, the definition of ‘low-level cases’ and the process by which they will be assessed, are unclear. Furthermore, there are concerns that people will make false allegations against their partners in order to avoid mediation altogether. Equally, in cases where abuse or coercive control are unknown factors, victim-survivors may be coerced into participating, thereby empowering their abuser.
    The Law Society president Lubna Shuja said: ‘The risk is that compulsory mediation could force the wrong people into the process, at the wrong time and with the wrong attitude for it to be effective. They need to be ready to mediate and have a full understanding of what the process will involve.’
    Women’s Aid has said clarity is “urgently needed” to understand how the Ministry of Justice will ensure all domestic abuse survivors will be kept safe and allegations will be properly investigated.
    The proposals are subject to a government consultation which will run for 12 weeks, closing on 15 June 2023.
    Useful links
    Stowe Support – Mediation More

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    Mediation and the Family Courts backlog

    The Family Justice System is currently undergoing significant changes to try and reduce the strain and backlog faced by the family courts.
    The introduction of no-fault divorce and extended funding for mediation for disputes concerning children (£5.38million this financial year, raising the total invested in the scheme to £8.68million since March 2021) demonstrates a continued commitment to resolving matters away from the court arena. 
    The Family Mediation Council (FMC) voucher scheme introduced in March 2021 provides families in England and Wales with a £500 voucher to put towards the cost of mediation. The vouchers can be used by parents attending meditation to discuss the care of their child or children. By enabling divorcing couples and parents to resolve their disputes without litigation, it will enable the court to utilise its limited time on cases that require the adjudication of the court.  
    The emphasis on mediation and no-fault divorce is reflective of the desire for most separating couples to deal with the practical consequences of their separation in a private and constructive way. 
    Since the introduction of no fault divorce, the number of divorce applications have increased; HMCTS received 3,000 divorce applications in the week following the introduction of reforms in April, which is a 50% rise on the weekly average. 
    This demonstrates people’s desire to wait for the law to change, so that they can proceed in this new neutral non-adversarial way.  There is no longer a requirement to provide a reason for the marriage coming to an end, giving people greater respect for their private life, as well as removing the blame element of divorce previously seen. 
    This change in law sets a more amicable tone from the start, and therefore places people in a better position to make decisions about the children and their finances.
    Cafcass statistics show that in 2020/21, there were 97,496 children involved in private children proceedings, an increase of 23.1% since 2016/17. In public law, there were 143,129 children, an increase of 16.4% since 2016/17, with cases taking an average of 45 weeks to conclude. 
    These increases are not sustainable, for the courts or for the families facing long delays. The need to reduce the number of families in the Family Justice system is vital. The focus on solutions achieved through agreement benefits both families, and the Family Justice System, and the court are increasingly robust at encouraging parents to consider alternatives to litigation. 
    Recently in the case of Re B (a child) (Unnecessary Private Law Applications), his Honour Judge Wildblood QC said:
    ‘Do not bring your private law litigation to the family court here unless it is definitely necessary for you to do so,’ he said. ‘You should settle your differences (or those of your clients) away from court, except where that is not possible. If you do bring unnecessary cases to this court, you will be criticised, and sanctions may be imposed upon you.’
    The commitment to further funding for mediation follows research that mediation helps families reach solutions and outcomes that are best for their children. 
    The FMC conducted a survey which showed that mediation is successful in over 70% of cases. The funding enables parents to access mediation in circumstances where it would otherwise be unaffordable, and encourages people to proceed with this option. 
    It has raised the profile of mediation, as FMC research further showed that after an initial meeting, three quarters chose to mediate, and that 
    “This is despite the fact that many don’t know anything about mediation, or think their partner is so unreasonable that mediation will never work”. 
    It should not be surprising to hear that parental preference is to reach an agreement, rather than battle it out in court, and ultimately receive an order imposed upon them by a Judge who doesn’t know them or more importantly their child. 
    Most parents are acutely aware that while their marriage or relationship has come to an end, their relationship as parents has not. And however, hard it may be for them as an individual, as a parent they want to do the best for their child. 
    The option to attend mediation provides parents with the opportunity to communicate, explore the issues, discuss the options and resolve the matters that are important to them. 
    A Judge is unlikely to hear arguments on the appropriate amount of screen time for a child, the choice of gifts each parent buys for their birthday, or how the parents will explain to their child about their new routine now that their parents live apart. 
    All these things can be discussed and agreed upon in mediation. As one Judge said recently: 
    “I cannot order people to be nice. However, in mediation, parents can discuss matters and hopefully improve their communication so that they have the tools to resolve disputes, thus avoiding court now and in the future. The court must make decisions in the best interests of the child. However, court proceedings are often protracted, emotionally and financially expensive, and consequently damaging to the child and their parents. 
    Mediation is not appropriate in every case, nor is it always possible for parents to reach agreements. We need our Family Justice system to work effectively and efficiently for those families. 
    For example, in cases where there are allegations of domestic abuse, safeguarding concerns such as drug or alcohol abuse, parental alienation or protracted disputes. The court is a finite resource, but there must be access to our Family Justice System. 
    Lord Neuberger said access to justice “has a number of components. First, a competent and impartial judiciary; secondly, accessible courts; thirdly, properly administered courts; fourthly, a competent and honest legal profession; fifthly, an effective procedure for getting a case before the court; sixthly, an effective legal process; seventhly effective execution; eighthly, affordable justice.”
    The focus on dispute resolution options, such as mediation, is not designed to take away access to justice, but to create a Family Justice System that provides families with options to resolve their disputes in a way that is most appropriate for their circumstances. 
    The introduction of no-fault divorce and continued funding for mediation enables the focus to move from conflict and confrontation to communication and solutions, and enables our Courts to work more effectively for those who need to litigate. 
    Previously published on LawNews More

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    5 Tips for Parallel Parenting

    Parallel parenting is a method used by divorced or separated parents who wish to continue to parent their children in parallel, whilst agreeing to limit contact and interaction with each other. This technique is particularly helpful in divorces that involve domestic abuse, high-conflict, or where communication is extremely difficult.
    Luisa Williams from My Family Psychologist explains more.
    5 Tips for Parallel Parenting

    Rebuilding your life when a relationship ends and healing from any emotional trauma you’ve experienced is difficult enough. Even when you’re ex was abusive, sometimes it’s impossible to cut ties for the sake of your child.  
    What is parallel parenting?
    Whilst co-parenting works by cooperation and continued communication, for some it gives your ex-partner the opportunity to continue to mistreat you. Instead, parallel parenting increases safety in challenging relationships by deliberately keeping communication to a bare minimum. 
    While major decisions can be agreed upon together, each parent adapts their parenting method when the child is in their care. It allows you to distance yourself from your ex without depriving your child of a parent and sets clear boundaries that prevent further abuse or conflict.
    The aim is to facilitate emotional healing from the relationship while prioritising your child’s needs and protecting them from conflict.  
    To give you the best start after divorce, here’s 5 tips for parallel parenting. 
    1. Create a parenting plan  
    It’s best to plan ahead to avoid disagreements. The more prepared you are and the more detailed the plan is, the less you’re likely to argue with your ex and the more minimal the contact is. Minimise stress for your child and ensure your safety by agreeing as much as you can in advance, including: 

    Agreeing timing of visits, including dates and start and end times, in writing.
    Establish how to handle cancellations, and when and how they should be communicated.
    Consider how often the child will see each parent?
    Who will attend your child’s functions or doctor visits?
    Agree who will drop them off and pick them up?
    Plan ahead to decide where your child will spend their holidays and birthdays?
    Choose a neutral location or even ask a family member or a trusted friend to pick your child for you.
    Set out financial responsibilities, and dos and don’ts.
    You can figure out logistics using email or another form of communication that doesn’t involve meeting face to face.  

     2. Let yourself heal
    Ideally, after separating from an abusive ex-partner, you’d cut contact and never see them again.  But when there are children involved, this is not always possible to eliminate them from your life completely. When some form of contact must remain, prioritise fulfilling your needs as well as supporting your child. Incorporate self-care into your routine to reduce stress and reconnect with your self. The best way to deal with the situation is by moving forward, so when you’re ready to, concentrate on your long-term goals. Focus on building resilience and reintroducing happiness to your life.  
     3. Accept the current situation
    Parallel parenting, and maintaining some contact with an abusive or difficult ex-partner after you’ve chosen to divorce, can be very challenging. It’s natural to struggle with negative emotions such as guilt, regret, shame and anger, and feeling as though things aren’t fair. You may find it hard to accept that your ex is still a parent to your child. Try to practice acceptance. Things are the way they are and all you can do is make the best out of the situation. Focus your energy on parenting your child and providing them with all the love and support they need. 
    4. Keep communication to the minimum
    Only communicate with your ex when it’s necessary. Agree to contact them via email or use a parenting app, and document every interaction. Keep your communication impersonal and matter of fact, discussing only topics that relate to your child and sharing no personal information or detail. Try not to let your ex provoke you or use your child as a messenger. It can be difficult not to ruminate on the relationship whenever an email pops up or whenever your child is spending time with them. Try to distance yourself and treat interaction with your ex as a business that’s necessary to keep your child happy.  
     5. Appoint a mediator
    If there’s a lot of resentment between you and your ex, or your safety might be compromised, it’s a good idea to appoint a professional mediator. Mediation helps divorced parents to align their intentions and focus on their shared priority, the child. With the help of mediation, divorced parents can make well-informed decisions, reduce conflict, and set out an effective and mutually beneficial plan for all members of the family.
    Parallel parenting can be challenging and confusing, and the details of an arrangement will depend on the individual situation. Consider getting advice from a professional.
    If you need help and support with parallel parenting you can contact My Family Psychologist, who offer specialised counselling services for adults, couples, and children as well as mediation services.
    Family Law Advice
    If you are in an abusive or high-conflict relationship and would like advice on your legal situation, please do contact our Client Care Team to speak to one of our specialist lawyers. More

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    Orsinger Nelson Downing & Anderson Recognized in 2021 Best Law Firms

    Firm ranked for 12th consecutive year in Family Law, Mediation, Appellate practice areas
    We are pleased to announce the publishers of U.S. News & World Report and The Best Lawyers in America have recognized Orsinger Nelson Downing & Anderson (ONDA) in the annual Best Law Firms listing. 
    The firm’s Appellate practice received national recognition five years in a row, along with metropolitan honors in Dallas-Fort Worth and San Antonio. The firm also earned top honors for its Family Law expertise in the Dallas-Fort Worth and San Antonio metro areas, with additional recognition in the Family Law Mediation category. 
    Best Law Firms rankings are based on thorough client and attorney evaluations, including peer and editorial staff review. A firm must have at least one attorney recognized in the current Best Lawyers in America guide to earn Best Law Firms eligibility. Orsinger, Nelson, Downing & Anderson has 14 lawyers in the 2021 Best Lawyers listing.  
    Name partners Richard Orsinger, Keith Nelson, Scott Downing, and Jeff Anderson earned Best Lawyers recognition for Family Law. In addition, Mr. Orsinger was honored for his Appellate work, and Mr. Anderson was recognized for his Family Law Arbitration practice. 
    Firm partners William M. Reppeto III,  Brad M. LaMorgese, Amber Liddell Alwais, Paula A. Bennett, Lon M. Loveless, Paul Hewett, Holly Rampy Baird, and R. Porter Corrigan, as well as associate Ryan Kirkham and Of Counsel James M. Loveless, have each been recognized by Best Lawyers for representing individuals in Family Law. Mr. LaMorgese received additional honors for his Appellate practice, and Ms. Bennett was also recognized for Family Law Mediation. 
    The firm’s recognition in the Best Law Firms 2021 listing is the latest in a multitude of awards the firm has earned in recent years. Orsinger, Nelson, Downing & Anderson, LLP, solidified its national reputation in October with more Top 100 Texas Super Lawyers honorees than any other law firm. It was the third consecutive year the firm was recognized as having the most Top 100 lawyers in a state with more than 100,000 practicing attorneys.  
    ONDA attorneys have been repeatedly recognized in D Magazine’s Best Lawyers in Dallas honors along with D CEO’s Dallas 500, a list of the top business leaders in the Dallas-Fort Worth area. 
    With offices in Dallas, Frisco, Fort Worth and San Antonio, Orsinger, Nelson, Downing & Anderson, LLP, is one of Texas’ largest Family Law firms. Each partner is Board Certified in Family Law by the Texas Board of Legal Specialization, as well as a member of the Texas Academy of Family Law Specialists.  More

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    Orsinger Nelson Downing & Anderson Recognized in 2021 Best Law Firms

    Firm ranked for 12th consecutive year in Family Law, Mediation, Appellate practice areas
    We are pleased to announce the publishers of U.S. News & World Report and The Best Lawyers in America have recognized Orsinger Nelson Downing & Anderson (ONDA) in the annual Best Law Firms listing. 
    The firm’s Appellate practice received national recognition five years in a row, along with metropolitan honors in Dallas-Fort Worth and San Antonio. The firm also earned top honors for its Family Law expertise in the Dallas-Fort Worth and San Antonio metro areas, with additional recognition in the Family Law Mediation category. 
    Best Law Firms rankings are based on thorough client and attorney evaluations, including peer and editorial staff review. A firm must have at least one attorney recognized in the current Best Lawyers in America guide to earn Best Law Firms eligibility. Orsinger, Nelson, Downing & Anderson has 14 lawyers in the 2021 Best Lawyers listing.  
    Name partners Richard Orsinger, Keith Nelson, Scott Downing and Jeff Anderson earned Best Lawyers recognition for Family Law. In addition, Mr. Orsinger was honored for his Appellate work, and Mr. Anderson was recognized for his Family Law Arbitration practice. 
    Firm partners William M. Reppeto III,  Brad M. LaMorgese, Amber Liddell Alwais, Paula A. Bennett, Lon M. Loveless, Paul Hewett, Holly Rampy Baird, and R. Porter Corrigan, as well as associate Ryan Kirkham and Of Counsel James M. Loveless, have each been recognized by Best Lawyers for representing individuals in Family Law. Mr. LaMorgese received additional honors for his Appellate practice, and Ms. Bennett was also recognized for Family Law Mediation. 
    The firm’s recognition in the Best Law Firms 2021 listing is the latest in a multitude of awards the firm has earned in recent years. Orsinger, Nelson, Downing & Anderson, LLP, solidified its national reputation in October with more Top 100 Texas Super Lawyers honorees than any other law firm. It was the third consecutive year the firm was recognized as having the most Top 100 lawyers in a state with more than 100,000 practicing attorneys.  
    ONDA attorneys have been repeatedly recognized in D Magazine’s Best Lawyers in Dallas honors along with D CEO’s Dallas 500, a list of the top business leaders in the Dallas-Fort Worth area. 
    With offices in Dallas, Frisco, Fort Worth and San Antonio, Orsinger, Nelson, Downing & Anderson, LLP, is one of Texas’ largest Family Law firms. Each partner is Board Certified in Family Law by the Texas Board of Legal Specialization, as well as a member of the Texas Academy of Family Law Specialists.  More