A Judge’s Guide

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MANAGING THE CHILD CUSTODY CASE 80 Id. 81 Id. at 20. 82 MICHIGAN PROBATE JUDGES ASSOCIATION, RESOLUTION 2: RESOLUTION OF THE MICHIGAN PROBATE JUDGES ASSOCIATION REGARDING DELAYS IN TERMINATION APPEALS FROM THE JUVENILE COURT (January 22, 1992)(unanimously adopted at the MPJA Winter Conference and citing report findings of the Children’s Charter of the Courts of Michigan). 83 Id. 84 Id. 85 RESOURCE GUIDELINES, supra note 46, at 24. 86 Id. 87 Id. 88 JUDITH MORAN, CIRCUIT COURT FOR BALTIMORE CITY, FAMILY DIVISION/ DOMESTIC DOCKET. ANNUAL REPORT OF THE FAMILY DIVISION 6-7 (JANUARY 1999). 89 Id. at 17. The program serves children from the ages of six through eleven, and there are plans to expand the program to adolescents. 90 Id. at 11, 17. 91 For information on studies of family mediation, see Jessica Pearson, Family Mediation, NATIONAL SYMPOSIUM ON COURT-CONNECTED DISPUTE RESOLUTION RESEARCH: A REPORT ON CURRENT RESEARCH FINDINGS- IMPLICATIONS FOR COURTS AND FUTURE RESEARCH NEEDS 51-89 (State Justice Institute & National Center for State Courts 1994). 92 MIMI E. LYSTER, CHILD CUSTODY: BUILDING AGREEMENTS THAT WORK 1/2 (Nolo Press, Inc. 1995). 93 Anita Vestal, Mediation and Parental Alienation Syndrome: Considerations for an Intervention Model, 37 FAM. & CONCILIATION COURTS REV. 487, 495 (1999)(citing C. Hysjulien, B. Wood, & G.A. Benjamin, Child Custody Evaluations: A Review of Methods Used in Litigation and Alternative Dispute Resolution, 32 FAM.&CONCILIATION COURTS REV. 466-489 (1994)). 94 Vestal, supra note 93, at 496. Mediation has been utilized in dependency cases involving child abuse and neglect to address the development of case and permanency plans. Programs have been established in a number of states, including Connecticut, Florida, California, Maryland, Oregon, and Colorado. For further discussion of mediation, see http://www.abanet.org/abanet/child/home.cfm (highlighting the court improvement activities of participating states, including mediation). 95 LYSTER, supra note 92, at 1/2. 96 S. Margaret Lee, Ph.D., The Integration of Ethics and the Law in Clinical Practice: Acting as a Special Master in High Conflict Post-Divorce Child Custody Cases: How to be 31
MANAGING THE CHILD CUSTODY CASE 97 Id. 98 Id. a Mediator, Therapist and Judge in an Ethical and Legal Manner, ABA SECTION OF FAMILY LAW,SPRING CLE MEETING CONFERENCE BOOK (April 6, 2000). 99 LYSTER, supra note 92, at 5/3. 100 Id. 101 RCW § 26.09.184(1)(e) & (f). 102 Id. at 2/3. 103 Id. at 2/2. 32
Page 1 and 2: Second Edition A Judge’s Guide Ma
Page 3 and 4: A Judge’s Guide: Making Child-Cen
Page 5 and 6: Lehrmann was kind enough to review
Page 8 and 9: TABLE OF CONTENTS Introduction.....
Page 10 and 11: c. Special Considerations .........
Page 12 and 13: Introduction Child custody and visi
Page 14 and 15: Managing the Child Custody Case You
Page 16 and 17: MANAGING THE CHILD CUSTODY CASE The
Page 18 and 19: MANAGING THE CHILD CUSTODY CASE the
Page 20 and 21: MANAGING THE CHILD CUSTODY CASE fac
Page 22 and 23: MANAGING THE CHILD CUSTODY CASE Us
Page 24 and 25: MANAGING THE CHILD CUSTODY CASE In
Page 26 and 27: MANAGING THE CHILD CUSTODY CASE pro
Page 28 and 29: MANAGING THE CHILD CUSTODY CASE dev
Page 30 and 31: MANAGING THE CHILD CUSTODY CASE fam
Page 32 and 33: MANAGING THE CHILD CUSTODY CASE In
Page 34 and 35: MANAGING THE CHILD CUSTODY CASE Mos
Page 36 and 37: MANAGING THE CHILD CUSTODY CASE chi
Page 38 and 39: MANAGING THE CHILD CUSTODY CASE 20
Page 40 and 41: MANAGING THE CHILD CUSTODY CASE 60
Page 44 and 45: Representation for the Child in Cus
Page 46 and 47: REPRESENTATION FOR THE CHILD IN CUS
Page 54: REPRESENTATION FOR THE CHILD IN CUS
Page 57 and 58: DEVELOPMENTAL CONSIDERATIONS as Jea
Page 59 and 60: DEVELOPMENTAL CONSIDERATIONS are fi
Page 61 and 62: Developmental Considerations DEVELO
Page 63 and 64: Special Considerations DEVELOPMENTA
Page 65 and 66: Information Needed to Assess Parent
Page 67 and 68: How Divorce May Impact Development
Page 69 and 70: Parenting Considerations Informatio
Page 73 and 74: In-Chambers Interview Parenting Con
Page 75 and 76: Developmental Considerations How Di
Page 77 and 78: In-Chambers Interview DEVELOPMENTAL
Page 79 and 80: Information Needed to Assess Parent
Page 83 and 84: Parenting Considerations Informatio
Page 87 and 88: In-Chambers Interview DEVELOPMENTAL
Page 89 and 90: DEVELOPMENTAL CONSIDERATIONS adoles
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Parenting Considerations Chapter 4
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PARENTING CONSIDERATIONS the parent
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PARENTING CONSIDERATIONS attitudes,
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PARENTING CONSIDERATIONS who may or
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PARENTING CONSIDERATIONS You should
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PARENTING CONSIDERATIONS Judges usu
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PARENTING CONSIDERATIONS the distan
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PARENTING CONSIDERATIONS 11 Carol L
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EXPERT HELP Framing the Questions -
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EXPERT HELP Sometimes mental and be
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EXPERT HELP FAMILY AND FORENSIC FAC
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EXPERT HELP Second, there is an eth
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EXPERT HELP By far the most popular
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EXPERT HELP • Given the father’
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EXPERT HELP accompanying manual des
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EXPERT HELP 1 ANN M. HARALAMBIE, HA
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EXPERT HELP 38 Roseby, supra note 3
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RECURRING ISSUES a preference”; a
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RECURRING ISSUES Denying or Restric
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RECURRING ISSUES supervision. If do
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RECURRING ISSUES The effect the sym
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RECURRING ISSUES Interference with
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RECURRING ISSUES • The noncustodi
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RECURRING ISSUES well. 79 More than
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RECURRING ISSUES The following char
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RECURRING ISSUES woman is three tim
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RECURRING ISSUES may be logisticall
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RECURRING ISSUES Even where mediati
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RECURRING ISSUES 26 LEMON, supra no
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RECURRING ISSUES in visiting grandp
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RECURRING ISSUES 83 Zorza, supra no
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RECURRING ISSUES 124 Matthews, supr
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146
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Model Code of Judicial Conduct Cano
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Paul Marvy & Debra Gardner. (2005).
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Dispute Resolution Research.: A Rep
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Implications for Lesbian Mothers, 2
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Clinical Symptoms and Legal Remedie
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Thoennes & Tjaden. (1990). The Exte
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John Dewitt Gregory. (1998). Blood
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21. Resources for Children Sally B.
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164
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166
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eleased publications. All NACC memb
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www.Familyequality.org Organizatio
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172
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PRELIMINARY PARENTING PLAN A. How w
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5. Extracurricular activities Supp
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3. Topics to be discussed 4. School
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I challenge you all the time. I lik
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182
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184
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II. SCOPE AND DEFINITIONS A. Scope
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Commentary The lawyer should not pr
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domestic violence. Settlement frequ
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expert testimony on the issue, or h
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B. Informing and Counseling the Cli
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Commentary These Standards do not p
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safety and ethical rules. States th
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use, but may not reveal that the in
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Best Interests Attorneys must be fa
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Commentary k. Inappropriate adult i
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Commentary The Child’s Attorney o
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and how and by whom the fees and ex
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epresentation, and consistent with
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II. NATURE OF APPOINTMENT _________
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214
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216
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218
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INTRODUCTION Domestic and family vi
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5. "Safety plan" means a written or
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Sec. 403. Presumption concerning re
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COMMENTARY Supervised visitation ce
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COMMENTARY Subsection 1 authorizes
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I. INTRODUCTION That children are a
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accountability if they have learned
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abuse induces some victims who migh
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when her batterer is removed from t
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framework offers negligible protect
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interference 73 are also popular to
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Changes in U.S. immigration laws an
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Bureau of Justice Statistics (BJS)
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violence. 113 In their homes violen
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A. Men who batter their partners ar
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amendment to its custody code, whic
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A. Abuse victims and children often
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Professor Bernadine Dorn cites the
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domestic violence,” and removed t
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quite helpful if the battered mothe
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2. Talk with children alone. The in
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or alcohol on the day of the offens
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that victims in multiple violent re
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procedure to have payments made thr
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C. Children are further traumatized
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B. While domestic violence spans al
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1. “I lost control.” Some abuse
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Intake, 5.1 Evaluation (of batterer
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Services issues, court issues, legi
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2. John W. Fantuzzo & Wanda K. Mohr
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280
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282
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Project, and the Director and Advis
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From 2005 through 2008, the Project
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IV. Conclusion The important work o
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