Divorced parents can deprive their children of important childhood memories. Five suggestions to help your children through the devastating blow of divorce.

"A Parent-Partner Status for American Family Law"

By Family Law

Professor Merle H. Weiner (University of Oregon School of Law) has published A Parent-Partner Status for American Family Law (Cambridge University Press):

Despite the fact that becoming a parent is a pivotal event, the birth or adoption of a child has little significance for parents' legal relationship to each other. Instead, the law relies upon marriage, domestic partnerships, contracts, and some equitable remedies to set the parameters of the legal obligations between parents. With high rates of nonmarital childbirth and divorce, the current approach to regulating the legal relationship of parents is outdated. A new legal and social structure is needed to encourage parents to act as supportive partners and to deter uncommitted couples from having children. This book is the first of its kind to propose a new "parent-partner" status for American family law. Included are a detailed discussion of the benefits of the status as well as specific recommendations for legal obligations.

Download Weiner's book flyer here.

Don't Duke it Out With the Rude and Abrasive Judge!!

Suggestions for Interacting With Family Court Judges

• Rule #1: Be Prepared

Judges have little patience with attorneys, and self-represented litigants, who aren't prepared when they enter the courtroom. Many litigants don't seem to know what they are asking the court to do, why they are asking for it, and what the best legal or factual grounds are for the orders requested. Courts everywhere, but particularly here in California with the passage of Family Code section 217 (which requires live testimony hearings upon request) , are overburdened. Judicial resources are not sufficient to meet demand in these budgetary times, and this places a premium on directness and efficiency. Economic limitations also makes judges a lot crankier than if they had more resources to manage their caseload and calendars.

Depending on County size, wealth and population, California Family Law Judges typically have between 20 and 35 or more matters on their morning calendars. In the afternoons they are often holding evidentiary hearings and trials. If they are to move through these calendars by the end of the morning, brevity and efficiency becomes exceedingly important.

Therefore, one of the biggest mistakes that agitates judges is parties or lawyers who aren't prepared and so can't present their cases with clarity. If a lawyer doesn't appear to care overmuch about their client's case, then why should a judge? Lack of preparation, especially for lawyers, is a cardinal sin.

• Rule #2: Be Prepared For This Particular Judge

In jurisdictions with direct calendar assignments, where a judge is assigned to a case for all purposes or for all purposes possibly until the case is reassigned for trial, learn about the particular bench officer(s) who presides over your case. Information allows you to make useful assumptions about a particular judge's attitudes and policies.

As Judges Curtis and Zisman note, the best judicial officers are predictable and consistent in their rulings. "A judge's value to the public as a judge is in direct proportion to the ability of the lawyers who frequent the court to predict how the judge will deal with a particular issue." I find this to be so true in my personal experience. Lawyers who know how judges tend to rule on a given issue can set their client's expectations realistically. Armed with such knowledge, both sides are in a better position to have productive settlement discussions that avoid a "crapshoot" and the associated risks and expense. They don't potentially infuriate bench officers with weak arguments that, it is known, such judges may rarely accept.

Lawyers who are practitioners in any given court usually have good insights into local judge's attitudes. They may also be aware of information about a judge that is not generally available to the public, like their expertise, practice focus, and reputation before they took the bench. Knowing that while a lawyer your judge participated in a case that generated a published appellate decision on a move-away case, for instance, could provide you a wealth of ideas on how to tailor your presentation. Likewise, knowing whether a judge has been reversed is useful for making sensitive presentations.

Pro per litigants should consider observing a judge going through her calendar over the course of one or more days. You will learn tons about their judicial attitude from watching them in open court, and you may witness other parties get scolded or reprimanded for missteps and so avoid the same mistakes. A simple but classic example is the family court litigant who brings a small retinue of family members who are there to provide familial support, some of whom cannot sit still without gasping, shaking their heads violently, or sobbing.

• Rule #3: Notify the Court If the Case Will Be Continued the Day Before

Sometimes one or both attorneys or parties intend to seek a continuance of a hearing, possibly because they want to discuss settlement but often because one or both are not ready to proceed or have late papers to submit.

Judges have very different attitudes towards continuances, particularly where they have already read the materials and then are faced with a continuance request. Lawyers who know that a case will not proceed are well advised to contact the courtroom clerk at least a day in advance to give a head's up - otherwise, they may wind up with a judge who justifiably feels "put out". Some allow self-represented parties to give advance notice of agreed upon continuances, but the other side will need to confirm it. Often messages must be left on the clerk's answering machine, and you may not know that number or whether messages were received or acted upon.

Where both sides have attorneys and a particular judge is known to permit it, counsel should always let the court know one or even two days in advance that the hearing is not expected to proceed that day.

• Rule #4: Look At the Local Court Rules, If Any, and the California Rules of Court

Some counties or individual courts have local rules; many do not. Most judges have their own rules and styles, often never to be found in written form. It never hurts to ask the Court clerk, when the judge is off the bench, whether that courtroom follows any specific preferences, customs, or rules of procedures.

The state-wide source for procedural rules impacting California Family Law (and Juvenile cases) are the California Rules of Court, beginning with Rule 5.100. Rule 5.111 is one of the immediately most important, since it deals with initiating common OSC and Motion requests for custody, support, etc. These rules apply to all family law matters in all California courtrooms.

The Riverside County Local Rules pertaining to Family Law cases can be found here. Start with Title 5. I discuss these in more detail below. The Los Angeles Family Court Rules can be accessed here. Basically you ought to go to the County website where your case is filed and look for the local rules for that are applied.

• Rule #5: Talk to the Judge, Not the Other Party or Lawyer

The time to discuss your case or argue with the other side is before you enter the courtroom. It drives judges nuts when two lawyers, two pro se parties, or any combination of them begin to argue at counsel table as though the judge was not present. Keep your focus on the judge, and generally avoid looking at the other party except for emphasis. Never address the other party directly.

If you bring witnesses or support people in the courtroom, tell them in advance to keep control of themselves. This means no interruptions, no head shaking or head nodding, no gasps, and no agitated movements. It is natural that such people have an emotional investment in the outcome. However, if they act in an uncontrolled fashion, that may affect the court's evaluation of you. I don't have many times I told family members this, only to watch them go utterly vacant and stupid because their emotions get out of hand!

Family Law Lawyers Screened For Empathy

Prominent L.A. Attorney Says Future Lawyers Should Be Screened and Trained for Empathy

Increasingly we are entering an era where future lawyers should be screened and trained for empathy!

LOS ANGELES, Sept. 2, 2015 /PRNewswire/ -- Baer, an award-winning attorney and mediator in practice since 1991, notes, "Those who tend to be attracted to law school in the first place tend to be logical thinkers (rule oriented) and have low EQ levels. Moreover, the research indicates that the training students receive in law school also causes an 'erosion of empathy.' Furthermore, the more empathic students tend to drop out of law school at a much higher rate. 

Moreover, lawyers with 'higher level of resilience, empathy, initiative and sociability' are more likely to leave law practice than those with lower levels of those traits."

Baer claims this root problem is causing significant problems for society.

"Law schools must begin recognizing the damage that is being caused to interpersonal relationships and our overall society, due to the low EQ levels of those involved in the field of law and make a concerted effort to address this extremely serious problem. Law schools might learn a thing or two from the changes taking place in the education of future physicians," said Baer.

He then showed how a quote written about changes under consideration with regard to the medical field could apply equally well to the legal field with a few minor changes. The quote with his changes in brackets is as follows: It would benefit everyone if "leaders [in the legal field began] exploring ways to infuse more empathy into the [legal] field. That includes re-evaluating the criteria for who should get admitted to [law] school in the first place, and what they should learn while they're there. Their reforms [should] raise questions about what constitutes quality [legal] care, how (and whether) it can be trained, and how much change is even possible in the American [legal] system today."

To speak with Mark Baer,

Please contact: Aurora DeRose (310) 396-6090 – Aurora411@TimeWire.net.

Prominent L.A. Attorney Says Future Lawyers Should Be Screened and Trained for... -- LOS ANGELES, Sept. 2, 2015 /PRNewswire/ --

Within a system which denies the existence of basic human rights, fear tends to be the order of the day

FLORIDA FAMILIES UNITED - CHILDREN'S RIGHTS FLORIDA - 2017 from Childrens Rights Florida

What Is The Role Of Lawyers?

Jeena Cho at Above the Law -  You get to define for yourself how you want to practice and what kind of lawyer you want to be.

Across the country women, children, AND MEN are becoming the victims of judges and the court system. It is time that we...
Posted by Children's Rights on Thursday, August 20, 2015

American Fathers Liberation -

Posted by Childrens Rights Florida  “Within a system which denies the existence of basic human rights, fear tends to be the order of the day. Fear of imprisonment, fear of torture, fear of death, fear of losing friends, family, property or means of livelihood, fear of poverty, fear of isolation, fear of failure. A most insidious form of fear is that which masquerades as common sense or even wisdom, condemning as foolish, reckless, insignificant or fut... more »

It's Time to Fundraise For Your Favorite Judge Again!

South Florida Lawyers at South Florida Lawyers -

Can you believe it? Where did the summer go? It feels like we just started our summer break and here we are again, with the kids back in school* the endless judicial fundraising pitches, emails, and faux events!* Didn't we just do this? When is the election even? Next tisha b'av? Don't worry -- just give, give and give again. I'm pretty sure it's a necessary evil -- *hey, wait a minute, why is it necessary again? * And remember -- that judge you save could be your own (I kid, they won't even remember you)! Seriously, you might as well be part of the solution -- support the sm... more »

The Record: Parental due process

LK at Legally Kidnapped -

The Record: Parental due process LEAVING CHILDREN unattended in vehicles remains a serious problem, notwithstanding many publicized warnings against it. Some 45 children have died from heatstroke while locked in cars in hot weather since the beginning of 2014, according to researchers at San Jose State University in California. Children left alone in cars are also susceptible to being kidnapped.

Southern District of Florida Blog: S.D. Fla. celebrates LGBT achievement

John Oliver Explains Why It Is Too Soon To Celebrate LGBT Equality

Kathryn Rubino at Above the Law - 1 day ago

Even if you don't agree with Oliver's views his fast pace, clever graphics and sly demeanor keep you entertained.

The politics of sociological consciousness

Paul Campos at Lawyers, Guns & Money -

This weekend, the NYT ran an interesting article by a former waiter at one of New York’s Michelin three-star restaurants, who is now a graduate student: In a playground for the superrich, I was an overpaid chaperone wearing a bespoke suit. Gluttony was common. So was sex; more than once we had to interrupt coitus […]

Is This Racist? State Bar Can’t Tell If This Is Racist.

Joe Patrice at Above the Law -

After honoring a story written by a man associated with a hate group, a state bar flies into embarrassing damage control.  

They named a drink: The Foster Child

LK at Legally Kidnapped -

Drink of the Week: The Foster Child, a Banana Foster margarita at Salty's Gulfport Looking for a margarita unlike any other? Try a bananas fosterita, dubbed the Foster Child ($8), at Salty's Gulfport. Bartender Kat McKenna created the cocktail based on the flavors of the dessert bananas Foster.

Law Grad Drowning In Debt Tries To Sell Law Degree On Craigslist

Staci Zaretsky at Above the Law -

Go on, make this lawyer an offer he can't refuse.  

To the Parents of Florida

1. Shared parenting preserves children’s relationships with both parents2. Shared parenting preserves parents’...
Posted by Children's Rights on Thursday, August 13, 2015

DCF Finds New Ways To Steal More Kids

• Boycottfamilylaw : Restore Children's Rights Worldwide Dads4Life
• Family Justice & Child Protection Worldwide Reform Committee 

  
  

  The injustice of the Family Court System, and it's agencies that are supposed to help children, are failing people on a daily basis and and in turn jeopardizing society as a whole!...See More
  

  

  
  

  Let's Join The Purple Keyboard Campaign((Activate :2015))4 Family Justice Reform!

• W r i t e O N E L e t t e r -- A Worldwide Event!

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  Frank J. DiBrino I am a frustrated divorced father that would like to know as to WHY, with all these fine "fathers rights organizations/movements" are we no better off today than 10 years ago?? We are being silenced by "someone" or "something" and I say this based on my experience still to this day with all my dealings in a corrupt broken down family court system, inept attorneys and mothers who focus on projecting their own self hatred onto the fathers.

State Sees Sharp Spike In Number Of Children In Foster Care

The number of Florida children in the state’s foster-care system has reached its highest level since 2008 — driven by both a spike in the number of kids being removed from their homes and a drop in the number being discharged after a stint in foster care,

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  American Fathers Liberation Army, Güven Meyvacı, Family Justice & Child Protection Worldwide Reform Committee, Fernando Morago Rodríguez and 16 others like 

American Fathers Liberation Army shared Miami-Dade Commission on Ethics & Public Trust's post.

Dear Sir/Madam of Miami-Dade Commission on Ethics & Public Trust :

Thank you for your message/post. We're sorry that you feel that our cause is not worthy of your your attention. Unfortunately for you and the Ethics and Public Trust Commission of Miami-Dade County we believe that this organization should address the civil, ethical, and moral violations and atrocities that are occurring in Miami-Dade's Family Courts. Therefore we intend on contacting your organization and coor...

See More

Miami-Dade Commission on Ethics & Public Trust‎American Fathers Liberation Army

Please do not promote your cause on the Ethics Commission website.

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