Still others have suggested that the courts require mediation or other alternate dispute procedures and institute a system to identify potentially high conflict cases early in the process so that special services and processes can be used to head off problems.
Courts have also attempted to work within the existing framework of civil rules and marital counseling statutes to provide for various means of alternate dispute resolution in these highly charged cases. To this end, many courts have required that parents submit any disputes regarding custody or visitation to a neutral mediator prior to bringing the issue to court for ultimate resolution.
Managing High Conflict Child Custody Cases | Ronald W Nelson, PA | Kansas Family Law
This process is usually not a confidential process, but entails some kind of reporting system to inform the court of disputes, agreements and recommendations arising out of the case management sessions. In the first, the coparenting arbitrator is called on to arbitrate only when the parents cannot settle a specific dispute. He or she acts solely as an arbitrator and does not perform counseling or therapeutic functions for the family. In many of these families, which are often identified by the extremity of their conflict and multiprofessional involvement, a child therapist or a confidential mediator is working with the family in an ongoing way.
These other professionals or the parents themselves call in the coparenting arbitrator when a specific matter cannot be resolved. The advantage of this model is that arbitrators have a distinctly separate role from the other professionals. The disadvantage is that it is more costly and cumbersome to add yet another professional layer to the family system. In the second model, coparenting coordinators act as the parenting counselor, mediator, or child therapist in an ongoing way and exercise their right to arbitrate only when parents fail to agree on a specific matter.
A variation of this theme is where the existing professionals in a case e. Whereas this second model may be more economical, role confusion, boundary questions, and ethical problems arise whenever professionals shift their primary function. The courts that have explored using parent coordinators have forged various methods by which the third party parent coordinator is assigned authority to deal with the high-conflict case: 1 Ad hoc orders by individual courts without an existing framework of rules; 2 local court rule; and 3 state statute.
Ad Hoc System of Case Management. The most common method presently used for appointment of parent coordinators is a system of ad hoc orders issued by individual judges requiring parents involved in high conflict custody cases to participate in programs set up to reduce the conflict.
Under this ad hoc method, a judge will refer high conflict cases to an outside entity or individual for intense mediation, arbitration or education regarding ways of resolving ongoing disputes. Although the authority under which many of these orders are made is unclear, judges may make such referrals under existing statutes or court rules authorizing parent or marital counseling, parenting education programs, appointment of arbitrators, psychological testing and evaluation, appointment of guardians ad litem, special child advocates, or special masters.
Other courts have created a more formalized method of Case Management. Under this second manner of dealing with the high conflict case, a court adopts an administrative rule providing the basis upon which a neutral parenting coordinator may be appointed. While the Parent Coordinator is charged with attempting to mediate disputes between the parents, if an impasse between the parents is reached on a matter not specifically governed by a court order, the decision of the Parent Coordinator prevails until the matter is reviewed by the court on request of either party or the Parent Coordinator.
The Marin County, California Superior Court, however, has a rule that appears to have been drafted with high conflict cases specifically in mind. The first issue when determining if a child will likely need to testify is how old the child is. Courts are hesitant to allow young children, even as old as , to testify.
As such, if you have a child under the age of 13, it is fairly unlikely that they will need to, or even be allowed to, testify. Often, if the child is not of a sufficient age to testify, we will ask that the children do not come to court with you. The courtroom is not a place for children, unless they have to be there.
Sometimes though, in more intense custody cases, the Court will Order the child to be present, in the event the court wishes to interview the child. If the child does have to testify, it is typical for the judge to call the child into their chambers and have a sit down conversation with usually just the judge and his court clerk. If your child is high school aged, then they may be able to testify.
Kansas law sets the choice of a child, of sufficient age, as one of the many factors in determining the best interest of the child. If your child is of sufficient age and wishes to testify, you should inform your attorney of that in your initial consult as the attorney will want to have a discussion with the child.leondumoulin.nl/language/owner/differences.php
Colorado Divorce Laws
Divorces, of course, are not easy on children. One of the most common legal issues facing people is not only who gets custody of the child, but also how much one parent will have to pay to the other parent in support. Child support can seem like a complicated equation, however, child support calculations in Kansas have been simplified and the rules governing support have largely become uniform.
Child support calculations are based off of the Kansas Child Support Guidelines. These guidelines, put out by the Kansas Supreme Court, make it so that every child in set age brackets, by default, requires a certain amount of money to raise that child. If you are considering an uncontested divorce, LegalZoom can help you get the divorce documents you need. We help you fill out the paperwork and check it for completeness and accuracy, and provide step-by-step instructions for filing and completing your divorce online. An offer of membership in our legal plan is not an endorsement or advertisement for any individual attorney.
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