Collaborative Divorce During Covid – Attorney Schirch’s Nov. 2020 Article Published in the NH Bar News
Click to read Attorney Shirch’s Article in the Bar...
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Attorney Jane Schirch’s published article on collaborative...
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Open letter regarding co-parenting during COVID-19 from Chief Justice John D. Casey 3/24/2020 Greetings, These are challenging times for everyone, including all staff of the Probate and Family Court and those of the other Trial Court Departments. I want to publicly thank the staff, the bar associations, and all our partners for working together to ensure that we are able to administer justice for those individuals who need us. It is times like this, when society faces threats once thought unimaginable, that the rule of law is more important than ever. Because of the great dedication and sacrifices of our staff, we remain available to enter orders and enforce existing orders in emergency situations. If you have exceptional/exigent circumstances, you should contact your local court. Parenting orders are not stayed during this period of time. In fact, it is important that children spend time with both of their parents and that each parent have the opportunity to engage in family activities, where provided for by court order. In cases where a parent must self-quarantine or is otherwise restricted from having contact with others, both parents should cooperate to allow for parenting time by video conference or telephone. To help parents, and in turn so that parents can help their children, we have amended the mandatory parent education requirements. Information about this can be found at: https://www.mass.gov/advisory/clarification-to-parent-education-procedures-in-section-h-1-of-probate-and-family-court. There is information on our website about co-parenting during this stressful and difficult time. The link is: https://www.afccnet.org/Coronavirus. In addition, the leaders of the Association of Family and Conciliation Courts and the American Academy of Matrimonial Lawyers published these seven guidelines for parents who are divorced/separated and sharing custody of children during the COVID 19 Pandemic. They can be found at: https://www.afccnet.org/Portals/0/COVID19Guidelinesfordivorcedparents.FINAL.pdf?ver=2020-03-17- 202849-133 and on our website. John D. CaseyChief JusticeMassachusetts Probate and Family...
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Leaders from the American Academy of Matrimonial Lawyers (AAML) and AFCC have released guidelines for coparenting during the COVID-19 pandemic. Seven Guidelines for Parents Who Are Divorce/Separated and Sharing Custody of Children During the COVID19 Pandemic From the leaders of groups that deal with families in crisis: Susan Myres, President of American Academy of Matrimonial Lawyers (AAML) Dr. Matt Sullivan, President of Association of Family and Conciliation Courts (AFCC) Annette Burns, AAML and Former President of AFCCYasmine Mehmet, AAMLKim Bonuomo, AAMLNancy Kellman, AAMLDr. Leslie Drozd, AFCCDr. Robin Deutsch, AFCCJill Peña, Executive Director of AAMLPeter Salem, Executive Director of AFCC 1. BE HEALTHY. Comply with all CDC and local and state guidelines and model good behavior for your children with intensive hand washing, wiping down surfaces and other objects that are frequently touched, and maintaining social distancing. This also means BE INFORMED. Stay in touch with the most reliable media sources and avoid the rumor mill on social media. 2. BE MINDFUL. Be honest about the seriousness of the pandemic but maintain a calm attitude and convey to your children your belief that everything will return to normal in time. Avoid making careless comments in front of the children and exposing them to endless media coverage intended for adults. Don’t leave the news on 24/7, for instance. But, at the same time, encourage your children to ask questions and express their concerns and answer them truthfully at a level that is age-appropriate. 3. BE COMPLIANT with court orders and custody agreements. As much as possible, try to avoid reinventing the wheel despite the unusual circumstances. The custody agreement or court order exists to prevent endless haggling over the details of timesharing. In some jurisdictions there are even standing orders mandating that, if schools are closed, custody agreements should remain in force as though school were still in session. 4. BE CREATIVE. At the same time, it would be foolish to expect that nothing will change when people are being advised not to fly and vacation attractions such as amusement parks, museums and entertainment venues are closing all over the US and the world. In addition, some parents will have to work extra hours to help deal with the crisis and other parents may be out of work or working reduced hours for a time. Plans will inevitably have to change. Encourage closeness with the parent who is not going to see the child through shared books, movies, games and FaceTime or Skype. 5. BE TRANSPARENT. Provide honest information to your co-parent about any suspected or confirmed exposure to the virus, and try to agree on what steps each of you will take to protect the child from exposure. Certainly both parents should be informed at once if the child is exhibiting any possible symptoms of the virus. 6. BE GENEROUS. Try to provide makeup time to the parent who missed out, if at all possible. Family law judges expect reasonable accommodations when they can...
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