As we make the difficult decisions regarding our lives, our families, and our futures, there is so much in the way of legalese that we must comprehend as we move through the litigation process. Someone who is not familiar with the law may have several difficulties in understanding some of the jargon. From words like alimony and visitation to the legal definition of notwithstanding, it can be hard to navigate. The social system has a huge impact on the decisions we make and the phrases that are used to make those decisions. That is why it is so important to take as much care as possible when dealing with family law decisions.
The term notwithstanding refers to the fact that the language or message therefore expresses something opposite to what would be expected from the context. In legal terms, notwithstanding usually appears in the context of laws, contracts, and other formal or expected situations. It’s a way to indicate that despite the circumstances, a specific action is to be taken.
Let’s take an example. During divorce proceedings, if there are children involved, it may be decided that one of the parents will have custody of the child, while the other has only visitation rights. The parent with primary custody might be awarded the right to make crucial decisions for the child, related to things like religion, education, and discipline. But what happens if the parent without custody suffers a tragic loss in the family, and wishes to take the child to the funeral?
In this case, despite the fact that the parent without custody provides childcare when on visitation, they have no had the cause of death of the loved one, and may wish to introduce the child to their cultural, familial, and religious backgrounds. The factual circumstances surrounding the death of a loved one, may override many clauses, and allow the parent without primary custody to act in the best interest of their child. These are the types of clauses that a competent family law attorney would likely be able to assist with.
When it comes to the term “notwithstanding,” you can rely on legal counsel to reduce the amount of guesswork you’ll need to do when moving through the legal process. Your attorney will provide you with the information you need to understand how this term, and others, will impact your life during and after your divorce.
For more information on legal terminology, you can visit Wikipedia’s page on legal terms.
