A Judge’s Guide

MANAGING THE CHILD CUSTODY CASE
1 Charles B. Bauer & Kit Furey, Bench/Bar Committee Recommends Practical Ways to
Reduce Impact of High-Conflict Divorce on Children, 39 THE ADVOCATE 13 (June
1996); see also JANET JOHNSTON &VIVIENNE ROSEBY, IN THE NAME OF THE
CHILD: ADEVELOPMENTAL APPROACH TO UNDERSTANDING AND HELPING
CHILDREN OF CONFLICTED AND VIOLENT DIVORCE (Free Press 1997).
2
NATIONAL CONFERENCE OF STATE TRIAL JUDGES OF THE JUDICIAL
ADMINISTRATION DIVISION OF THE AMERICAN BAR ASSOCIATION AND THE
NATIONAL JUDICIAL COLLEGE, THE JUDGE’S BOOK 173, 184 (National Judicial
College 2 nd ed. 1994) (hereinafter THE JUDGE’S BOOK).
3
STANDARDS RELATING TO TRIAL COURTS § 2.71 (American Bar Association
1992).
4 Id.
5
STANDARDS RELATING TO TRIAL COURTS § 2.71 refers to § 2.20 which requires
that “[a] litigant should be permitted to employ counsel in any judicial
proceeding . . . and that if the litigant cannot afford counsel, counsel should be
provided . . . in any other case having potentially serious consequences when, in
the opinion of the court, assistance of counsel is needed to prevent a
miscarriage of justice.”
6
STANDARDS RELATING TO TRIAL COURTS § 2.71(a), (b), (c), (d) (American Bar
Association 1992).
7
STANDARDS RELATING TO TRIAL COURTS § 2.71 cmt. (American Bar Association
1992).
8
Id.
9
Id.
10 Nancy Zalusky Berg, Dealing with Difficult Clients, Difficult Lawyers and Difficult
Judges, http://www.wbdlaw.com/CM/Articles/DealingwithDifficultClients.pdf.
11 Id.
12
Valerie McNaughton, Active Listening: Applying Mediation Skills in the Courtroom, 38
(2) JUDGES J. 23 (1999).
13
Id.
14
Id.
15
Telephone interview with Judge Isabella Grant. Conducted by Heather Davies,
ABA Center on Children and the Law (June 2, 1999).
16
Telephone interview with Judge Kathleen O’Ferrall Friedman. Conducted by
Heather Davies, ABA Center on Children and the Law (June 2, 1999).
17
THE JUDGE’S BOOK, supra note 2, at 282.
18 Id. at 278.
19 Id. at 131.
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