Editorial Notes

Many states lack standards as to who should be conducting neutral mental health evaluations in child custody proceedings and what these evaluations should be comprised of. This will occasionally result in an unqualified evaluator giving a recommendation to the court as to which parent should receive custody of their child [ren]. This Note advocates for courts to adopt a court rule which specifically enumerates the qualifications of neutral mental health evaluators in the hopes of regularizing the evaluation process. The first part of the proposal addresses who should conduct evaluations by establishing the required credentials of the evaluator and minimizing the amount of evaluator bias by screening the process. The second part of the proposal focuses on the training needed before an evaluator may conduct an examination, as well as the amount of experience required.f cre_1331 571..582

Section: B When and Why Evaluators Are Called Upon By The Courtmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Relying on the Unreliable: How a Court Rule Could Alleviate the Problems Inherent in the Neutral Mental Health Evaluation Process in Child Custody Cases

Terzuoli

2010

“…41 Since 1980, the use of court-ordered mediation in the family court system has increased. 42 Approximately half of the states have promulgated court rules which allow for courtordered mediation, usually at the discretion of the judge. 43 In the family law arena, 13 states mandate custody mediation, except in cases involving allegations of domestic violence.…”

Section: A the Rise Of Mediation And The Family Law Practitioner's Amentioning

confidence: 99%

“…Children, arguably society's most vulnerable members, profit from parenting plans that are crafted privately by their parents through mediation. 69 It is logical that the decreased conflict which is engendered by staying out of the courtroom and maintaining control over settlement would have a positive effect on children of divorce by decreasing trauma they often undergo. 70 Studies have shown that children whose parents have mediated their agreement are more likely to have both parents involved in their lives after divorce than those whose parents resorted to litigation.…”

Section: A Benefits Of Adr Education To Clients and Their Familiesmentioning

confidence: 99%

“…76 Indeed, the number of child custody dispute filings that go to trial in California, for example, has declined 8.5 percent since mediation has grown in popularity in that state. 77 Courts would also benefit from the lessening of the pro se epidemic. Education in ADR should cause a decrease in pro se litigants, as more turn to attorneys to handle their cases either through mediation/collaboration or through unbundled services.…”

Section: B Benefits Of Adr Education To the Overcrowded Family Courtmentioning

confidence: 99%

See 1 more Smart Citation

Making Alternative Dispute Resolution (Adr) Less Alternative: The Need for Adr as Both a Mandatory Continuing Legal Education Requirement and a Bar Exam Topic

Cohen¹

2006

Divorce proceedings have had a negative reputation due to their adversarial nature. Litigation in the family law field has exacerbated an already emotionally charged atmosphere. Alternative dispute resolution (ADR) has grown in importance over the past three decades and has helped to alleviate some of the animosity which accompanies divorce and child custody matters. Parents in particular are aided by the benefits of options such as mediation and collaborative divorce, obtaining increased control over their agreements in situations where the relationships will be continuous due to shared parenting responsibilities. However, much more could be done to increase the use of ADR in family law proceedings. Current family law practitioners could fill many roles, including mediator, advocate during mediation, collaborative negotiator, arbitrator, and counselor regarding which process to implement. Knowledge about these different roles, with their attendant skills and ethical issues, has become imperative. This Note will advocate for a mandatory continuing legal education requirement in ADR for matrimonial attorneys, as well as for the inclusion of ADR as a topic on state bar examinations. An increased knowledge of ADR will benefit divorcing parents and their children, ease an overcrowded court system, and lead to greater personal and professional satisfaction for the family law practitioner.

A 50‐Year Scoping Review of Family Court Review: An Analysis of the Journal's Core Values

Saini¹,

Barnes²

2013

The focus of this study was to systematically review the content of all 1,778 articles published in Family Court Review (FCR) during the past 50 years to explore whether these articles helped to advance the journal's core values. The findings suggest that FCR has focused on a rich diversity of legal and social issues impacting children and families. FCR has evolved into a leading source for interdisciplinary communication among mental health and legal professions, with growing emphasis on international collaboration and an increasing emphasis on empirical evidence to guide practice, policy, and future research. Key Points for the Family Court Community FCR has demonstrated a long‐standing commitment to the interdisciplinary nature of family law. Published authors in FCR increasingly represent a widening array of professionals from diverse geographical areas. Through the publication of current material, evocative discussions, standards of practice, and empirical studies, FCR has demonstrated a commitment to the professionals and families served by the family courts.