Custody and parenting time myths, Part II

by Annette Burns on October 7, 2015

Here’s part 2 of 2 on custody and parenting time myths. Since we argue a lot, sending messages through the children is the best way to communicate. Using your children as a messengers is always a bad idea.  It’s harmful to them, and it’s usually strictly forbidden in your court orders (because judges know how […]

Custody and parenting time myths, Part I

by Annette Burns on October 5, 2015

Here are some custody and parenting time myths most family lawyers hear about and have to dispel.  This is part 1 of 2, the first five:   The kids get to choose who they live with as soon as they are 12 (or 14, or whatever). False. I’ve always wondered where this myth started, because […]

ARS §12-2238 is Arizona’s mediation statute, and it provides: B.   The mediation process is confidential. Communications made, materials created for or used and acts occurring during a mediation are confidential and may not be discovered or admitted into evidence unless one of the following exceptions is met: All of the parties to the mediation […]

This is an updated post from one I did in July 2014.    I get asked all the time about how a parenting coordinator or other court-appointed professional can get the domestic violence and child abuse training that is required by Arizona statute. The statute is Arizona Revised Statutes 25-406C.   It requires that any person who submits […]

Parenting Coordinator Rule Changes in Arizona

September 8, 2015

This year in Arizona, the Arizona Supreme Court convened a committee to review the parenting coordination rule, Rule 74, ARFLP, and make recommendations for changes. That Committee met several times and received numerous comments from parenting coordinators, attorneys, organizations, judges, and the public, particularly public users of parenting coordination services.   After sorting through the comments […]

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Trial Court is Limited in the Ability to Discipline Children for Not Seeing a Parent

August 24, 2015

A Maine court has rejected a trial judge’s attempt to order specific punishment for children if they refused to visit a parent.  Violette v. Violette, Maine, July 30, 2015.  Because the trial judge felt that Mother was not strict enough on the children, the court ordered that if a child refused to visit with Father, […]

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Custody Evaluators: Please STOP Including These Holiday Provisions in Your Recommendations! (Part 2 of 2)

August 17, 2015

This is a continuation of the previous post which asks that custody evaluators change some Parenting Plan provisions that cause problems for the parents.  Many of the problems stem from holiday definitions that require the parents to have extra exchanges of the children (exchanges that can’t be done through school).   When parents have trouble at […]

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Custody Evaluators: Please STOP Including These Holiday Provisions in Your Recommendations! (Part 1 of 2)

August 5, 2015

Anyone who’s read this blog knows my favorite thing is to rant about problems I see in Parenting Plans.  Most of these are problems that should never have happened to the poor parents and I feel badly that the court or a parenting coordinator has to intervene to fix them after they’ve caused conflict for […]

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Monday Morning Minute: Facebook Again

August 3, 2015

If a person paying alimony (spousal maintenance) has an action to modify that support paid to a former spouse on the grounds that the former spouse is being supported by someone else, Facebook postings may be admitted into evidence, in Illinois courts, as proof of that new relationship and how it affects the recipient’s need […]

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Monday Morning Minute: Alienation and Relocation Presentation

June 15, 2015

Here’s a link to a presentation by Bill Eddy on Alienation and Relocation:  Helping Parents Make Decisions.   (courtesy of the Ohio Channel Media library, from a judicial education summit in April, 2014).  It’s a very nice overview about these very emotional subjects.

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