Safe Haven Therapy: An Overview, Part II

March 27, 2017

This is the second post about safe haven counseling, which applies to children’s counseling records in custody cases.   The first post is here. A couple of  Arizona statutes are relevant to the safe haven issue.  ARS 13-3620 is Arizona’s duty to report statute, and Subsection G provides that release of a child’s records does not […]

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Safe Haven Counseling: An Overview, Part I

March 23, 2017

What is safe haven counseling?  Sometimes, it’s called “safe harbor counseling”, and these are the same thing.     I have no idea how a harbor differs from a haven, and in this context, it doesn’t matter. Generally, if a court orders safe haven counseling, the court’s intent is that the child have a counselor […]

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Children and Social Media – An Ongoing Concern

January 26, 2017

As Sherry Turkey pointed out in her great book Alone Together (2011), “We expect more from technology and less from each other.”  Unfortunately, this applies to parenting as well. What parent hasn’t relied on an iPad or a cartoon to entertain a child when a break is needed? As a child gets older, the focus […]

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Civil Rules Changes Affect Family Law Rules

December 22, 2016

The Arizona Civil Rules of Procedure change on January 1, 2017, and some of the changes affect family law work.    Even if some Civil changes don’t affect family cases right away, those changes are likely to influence the restyling of family law rules that will happen in 2019. Here’s my personal summary of the highlights […]

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Child’s Psychologist-Patient Privilege: Can a Parent Waive It In a Custody Case? Hawaii decision

August 19, 2016

In PO v. JS, the Hawaii Court of Appeals ruled that neither parent can waive or invoke a child’s patient-therapist privilege if the parents themselves are involved in litigation over the child.    The Father was attempting to assert the child’s privilege to prevent the therapist from testifying. The Mother called the therapist as a […]

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Mandatory Mediation Clauses Thrown Out in Maine

July 25, 2016

It’s fairly common for a parenting plan or parenting time order to include a clause like this:   “If the parties are unable to reach an agreement regarding any change to this parenting agreement, they will request mediation either through the court or via a private mediator of their choice prior to bringing any court action.” […]

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Facebook is Good Evidence

July 21, 2016

If you’re going to assert in court that you are having no contact with someone, it’s probably best not to have Facebook conversations going on with that person. In an Arkansas guardianship case, a mother sought to terminate her child’s guardianship (the child was placed with an aunt).  The guardianship was set up based on […]

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What Does the Court Do About Choosing a School? Part 2

May 25, 2016

Continuing from the 5/23 post on Jordan v. Rea, about how an Arizona court will choose a school if the parents can’t agree, this is Jordan’s discussion of how private school tuition factors into the decision. When choosing a school, the issue of including private school tuition in the child support calculation must also be […]

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What Will the Court Do if We Can’t Agree on a School?

May 23, 2016

Parents with joint legal decision-making rights face this issue all the time.  What if the parents can’t agree on what school the child will attend?   This comes up when a child is first starting kindergarten, again when middle school is imminent, and again for high school. First, in Arizona, is this a decision the court will […]

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Telling the Children About Divorce

March 14, 2016

Here’s something family lawyers get asked all the time:   How do we tell the kids?   This HuffPost article addresses it in a pretty direct way, by age group.   At all ages, it seems that the things children are most concerned about is how the changes will affect THEM, so anything you can […]

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