Child Custody Issues in California Divorce
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This is the first in a multi-part series by A Better Divorce member David Kuroda, LCSW Division Chief, Mediation and Conciliation Service Superior Court of Los Angeles (ret.) titled CHILD CUSTODY ISSUES: AVOIDING TRIAL, RESPONSES TO THE UNPRECEDENTED REDUCTIONS IN COURT FUNDING – A BILLIONAIRE CHOOSES COLLABORATIVE DIVORCE. The article is one of 16 in the family reference materials of The Family Law Symposium, the major family law event for attorneys in So. California.
INTRODUCTION
Family law was already reeling from longer waits, the departure of experienced judicial officers and the recession. The announcement of courtroom closures and layoffs of family law staff brought home the cascading effects of the economic crisis of the state and the country. As bad as it was last year, it has become even more challenging.
Last year Judge Lee Edmon, the past presiding judge of the Superior Court announced in March “These changes will affect every judicial officer and staff member — as well as the millions of attorneys and litigants who depend upon our courts to deliver justice.” Judge Scott Gordon, supervising judge of the family law departments, had announced pending layoffs of 300 court employees by July 1, and the closure of 50 courtrooms. It will take much longer to get hearings and parents will not have court orders to be able to see their children and for child support. Even uncontested dissolution will take longer to process.
On top of that, the reforms stemming from the Elkins Task Force will add to the delays and congestion in the courtrooms. The additional requirements will burden the courts even more.
Consensual dispute resolution (CDR) and helping litigants get divorced outside the courtroom is a timely response to the court’s problems. (The State Bar will be changing the section name from ADR to CDR, as mediation and collaborative law go increasingly mainstream).
SETTLING CASES ON THE COURTHOUSE STEPS – LONGER WAITS AND FEWER COURTHOUSES
Many military strategists justify their defense budgets by being prepared for war. The best way to wage peace is to prepare for war it is argued. When facing an election, some judges build impressive campaign funds and get the word out early on; the hope, of course, is to discourage others from even entering the race. It is no accident so many cases settle on the courthouse steps. Many attorneys prepare for trial and are willing to settle the case if the conditions are favorable. This is certainly one of the traditional ways of settling cases, yet considerable resources and time are expended. Trial preparation takes its toll on the attorney and his or her family.
With fewer courtrooms and courthouses, the pressure to settle cases will change. Estimates of doubling the time required before hearings and trials, cases will languish on the back burners while families, especially children will have to wait for court orders for parenting time and child and spousal support.
This article will present ideas and practice tips for the family law attorney who wants to promote settlement, and who seeks to calm the waters of divorce and separation. Family problems are not best addressed in the courtroom, or even outside the courtroom doors. They are best addressed far away from the courthouse. Family problems are not limited to the litigants and often are the result of contentious divorce cases and unpleasant episodes with opposing counsel. These practice tips will be helpful, not only is reducing conflict for the parties, but lessening the adverse effects of litigation on the attorney, and provide some relief for judicial officers.
David Kuroda is the former Division Chief, Family Court Services, Superior Court of Los Angeles and directed the Mediation and Conciliation Service, the first and largest court mediation program in the nation.
In his 18 years with the Superior Court, he was responsible for the district courts, the PACT and Contemnors’ Programs, Divorce Seminars, and Visitation Monitors. Under his leadership, the service set high standards for the mediation service and other innovative programs serving children and families of divorce.
He has served on numerous committees with the Judicial Council, Los Angeles County Bar Executive Committee, Family Law Section, and has collaborated on numerous programs with the bar associations of the South Bay, Beverly Hills, San Fernando Valley, and Long Beach. He’s the past vice-president of A Better Divorce: A group of collaborative professionals; he also serves as vice-president of the California Social Welfare Archives., on he advisory board of the Los Angeles Collaborative Family Law Association, and was honored with the Lifetime Achievement Award by the National Association of Social Workers (NASW) California Chapter and with the George Nickel Award by the California Social Welfare Archives, USC.
In addition to directing the program, he has personally provided mediation services to over 7,000 families from the working poor to the wealthy and famous, including high profile cases and movie producers. Virtually all parents, whatever their backgrounds, love their children, and with some guidance, have been able to work together, even after divorce. Mr. Kuroda has provided training for graduate students from USC, and has taught professionals child custody mediation.
Always consult a professional in your area.
Image courtesy of mrpuen/freedigitalphotos.net
This is the fourth in a multi-part series -How to Get a Divorce- Collaborative Divorce in Difficult Economic Times- on your options in the divorce process by A Better Divorce member, Christopher M. Moore of Moore, Bryan & Schroff LLP in Torrance, California.
Divorce Coaching
In most divorce cases, emotions run high. The parties can experience feelings like anger, denial, anxiety, and depression that make it hard to reach agreement on the real issues like the financial settlement and a parenting plan for the kids. To work past these dark emotions, the lawyers will urge each party to have a coach. The coaches are mental health professionals, but don’t act as therapists for their clients; rather the coaches create a team out of the parties, the coaches and the lawyers.
Professionals who practice Collaborative Divorce have been trained to mold both sides into a team with one goal. Where issues require an outside expert, the lawyers will agree on a neutral expert such as an accountant or child specialist.
Collaborative Divorce can have its negatives. The cost of the professional team, with lawyers, coaches and possible neutral experts, may seem daunting. If collaboration fails and the case must go to litigation, there is a cost to the parties in hiring new lawyers.
Experience teaches, though, that a collaborative divorce is almost always faster, cheaper and more amicable than litigation. That each party has a
lawyer avoids the potential for abuse. The coaches reduce the parties’ anger so they can get to the negotiating table.
A strong case can be made that in these difficult economic times Collaborative Divorce offers the best route to a divorce that is fast, friendly and fair.
Christopher Moore is a member of A Better Divorce- A Collaborative Family Law Group in the South Bay area of California, a certified family law specialist, and a fellow of the American Academy of Matrimonial Lawyers. He has specialized in family law for many years. Those years as a litigator have taught him that collaborative practice is the best way to resolve a divorce. A collaborative case is always faster, costs less and is less stressful than a conventional case where the parties face court congestion, delays and an adversarial, often hostile, relationship. For more information about Christopher and his firm please click here.
Always consult an attorney in your own area.
Image courtesy of mrpuen/freedigitalphotos.net
This is the third in a multi-part series -How to Get a Divorce- Collaborative Divorce in Difficult Economic Times- on your options in the divorce process by A Better Divorce member, Christopher M. Moore of Moore, Bryan & Schroff LLP in Torrance, California.
Collaborative Divorce
Collaborative Divorce can offer the best path to a divorce settlement that is cheaper, faster and more friendly than going to court, while avoiding the potential for abuse sometimes found in mediation.
How Collaborative Divorce Works
In Collaborative Divorce, each party has a lawyer. The parties agree that they won’t go to court, will exchange information voluntarily and will settle the case by agreement. If either side decides to end the collaborative case and go to court, both lawyers are out and each party must retain a new lawyer.
Everything said in a collaborative case is confidential and may not be used in court. The case is handled through meetings with the lawyers and parties. The goal of Collaborative Divorce is to mold the parties, lawyers and coaches into a team that tackles problems in a cooperative and positive way. The professionals are trained to find imaginative solutions that result in a win-win outcome wherever possible.
Christopher Moore is a member of A Better Divorce- A Collaborative Family Law Group in the South Bay area of California, a certified family law specialist, and a fellow of the American Academy of Matrimonial Lawyers. He has specialized in family law for many years. Those years as a litigator have taught him that collaborative practice is the best way to resolve a divorce. A collaborative case is always faster, costs less and is less stressful than a conventional case where the parties face court congestion, delays and an adversarial, often hostile, relationship. For more information about Christopher and his firm please click here.
Always consult an attorney in your own area.
How to Get a Divorce- Mediation
Image courtesy of mrpuen/freedigitalphotos.net
This is the second in a multi-part series -How to Get a Divorce- Collaborative Divorce in Difficult Economic Times- on your options in the divorce process by A Better Divorce member, Christopher M. Moore of Moore, Bryan & Schroff LLP in Torrance, California.
Mediation
Mediation is a popular alternative to litigation. It’s less expensive than using the court system and avoids court delays. The mediation process is confidential and nothing said there may be used later against you in court. It’s informal and can resolve cases quickly.
Mediation can have a downside. Anyone can call himself or herself a mediator. Ideally, the divorce mediator is an experienced divorce lawyer who is trained in mediation.
The potential for abuse is often cited as the most serious potential problem in mediation. A domineering spouse with a history of physical, verbal or mental abuse may propose mediation as a way to get what he or she wants in the divorce settlement. If your spouse has dominated you throughout the marriage, you’ve had arguments about money or other things and have never won one, or you feel afraid to challenge your spouse, mediation is probably not right for you. In mediation the parties meet with the mediator alone, outside the presence of their lawyers, and if the playing field is not level because of the parties’ history, mediation is not likely to produce an appropriate outcome.
Christopher Moore is a member of A Better Divorce- A Collaborative Family Law Group in the South Bay area of California, a certified family law specialist, and a fellow of the American Academy of Matrimonial Lawyers. He has specialized in family law for many years. Those years as a litigator have taught him that collaborative practice is the best way to resolve a divorce. A collaborative case is always faster, costs less and is less stressful than a conventional case where the parties face court congestion, delays and an adversarial, often hostile, relationship. For more information about Christopher and his firm please click here.
Always consult an attorney in your own area.
Image courtesy of mrpuen/freedigitalphotos.net
This is the first in a multi-part series on your options in the divorce process by A Better Divorce member, Christopher M. Moore of Moore, Bryan & Schroff LLP in Torrance, California.
The Available Choices
There are three ways to resolve your divorce case: litigation in court, Collaborative Divorce or mediation. There are pros and cons to each.
Conventional Litigation
If you go to court, you may get to tell your story to a judge. Where there is abuse or hidden assets, going to court may be the only way out.
There are simply not enough courts to hear all the cases and delay is the rule. On the day you go to court there may be so many cases that yours can’t be heard and you have to come back another time, perhaps weeks or months away. This takes money.
Going to court is expensive. Each side may hire a forensic accountant who charges fees similar to those of the lawyers. Even in a simple case the fees can run into tens of thousands of dollars. In a more complex case, there is no limit to the cost.
Christopher Moore is a member of A Better Divorce- A Collaborative Family Law Group in the South Bay area of California, a certified family law specialist, and a fellow of the American Academy of Matrimonial Lawyers. He has specialized in family law for many years. Those years as a litigator have taught him that collaborative practice is the best way to resolve a divorce. A collaborative case is always faster, costs less and is less stressful than a conventional case where the parties face court congestion, delays and an adversarial, often hostile, relationship. For more information about Christopher and his firm please click here.
