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...
Read MoreDo I still exchange the kids during COVID-19?
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...
Read MoreAffording an Attorney for Your Divorce or Parenting Issue
Facing a divorce or parenting issue can feel daunting, especially if you feel unable to afford an attorney to help you through the process. In New Hampshire, there are some options that can help you afford an attorney. One option that the law in New Hampshire allows is for you to use an attorney in a limited-representation capacity. This is a process where you hire an attorney to help with the parts of the legal process with which you are less comfortable handling on your own. The attorneys at Shanelaris & Schirch can assist with such aspects of your divorce, parenting issue, or other family law matter by preparing documents, clarifying the law, helping you make a strategy, as well as other legal services. You handle what you want to handle and then hire one of the Shanelaris & Schirch attorneys for the rest. In New Hampshire, another option may be available to you if your income and assets are limited. The program that can help is the NH Bar Association Modest Means program and you may qualify for reduced rates from attorneys who participate in the Modest Means program. If you think you may qualify for reduced rates for legal help, your first step is to complete this online pre-qualification form, or you can call the Lawyer Referral Service at 603.229.0002. If you qualify, you will be referred to an attorney who accepts clients through this program. If you hire that attorney, the attorney will provide you with legal expertise and charge you the hourly rate calculated by the program intake specialists. The attorneys at Shanelaris & Schirch can help you with your family law issues, and we can help keep those costs affordable for you by working for you on a limited basis or by helping you through the Modest Means program if you qualify....
Read MoreFacebook Posts Can Land You in Jail
This year the New Hampshire Supreme Court upheld a conviction of a man for stalking, criminal threatening and witness tampering based on his Facebook posts. In the case of State of New Hampshire v. Brian Craig (https://www.courts.state.nh.us/supreme/opinions/2015/2015011craig.pdf ), Mr. Craig was found guilty of these charges after a series of posts directed at one specific victim. The victim worked as a bartender and waitress at a restaurant that Mr. Craig and his friends frequented. Mr. Craig tried to have a relationship with the victim which she declined. He began writing letters to her and the victim found the letters threatening and intimidating. The victim contacted the police and the police served Mr. Craig with a stalking warning letter. After receiving warning letter, Mr. Craig sent another written letter to the victim. The victim then obtained a domestic violence protective order. After receiving the restraining order informing him he was to have no contact with the victim, Mr. Craig began posting a series of comments on his public Facebook page. The victim had not friended Mr. Craig but found his posts through a Facebook search because the comments were public. After reading the posts, the victim called the police. Mr. Craig was arrested for the criminal charges including violations of the restraining order. Mr. Craig defend himself by saying that he had not named the victim specifically by her name in his posts and did not send her the messages directly – the comments were merely posted on his public profile page. However, the Court found that Mr. Craig had specifically told the victim he had put comments on his Facebook page. When he did this, he was directing the communications to her. Mr. Craig had no other logical reason to make the posts on his Facebook page. The Court found that Mr. Craig was specifically trying to communicate his comments to the victim. The Court found that the comments were meaningless to anyone else except the victim and the intent was to stalk and threaten the victim. When posting to Facebook, be aware that public comments can make a personal legally responsible for the comments made. It is best to vent any negative comments to your friends and in your private off-line diary and not on Facebook or any other social...
Read MoreParenting in the Holiday Season
As we approach the holidays, tensions can run high amongst family members; that may be especially true for divorced or separated parents. As parents we want the holiday season to be filled with joy for our children as well as for ourselves. We reflect back on our holidays during our own childhood and strive to replicate the joy or replace what may be our own difficult memories with beautiful memories for our own children. For parents that are newly divorced or separated this time of year may be even more stressful as the pain of loss of the once intact family feels ever present. One of the best gifts that divorced parents can give their children is a peaceful holiday season. As difficult as it may be for you, the parent, it is more difficult for your children. They feel the painful loss as well, and want nothing more than to be able to spend time with both parents as well as extended family and friends. Those events and activities that make up our holiday traditions are important to them as well. So, while it may be difficult it is likely best if you are able to negotiate the holiday schedule well in advance of the holiday itself. Respect both families and extended families and their traditions, and above all, remember that your children are a piece of both parents and an appreciation and respect for all family members will show your children how to negotiate and resolve conflict in the most positive way. A Lesson from Dickens for Co-Parents this Holiday...
Read MoreFirst Appearance
Nearly all family law cases are heard by a judge in the Circuit Court-Family Division. The Family Division handles cases involving divorce. It also handles cases involving parenting actions between unmarried persons. Parenting actions used to be called “custody” or “visitation” cases. Parents in divorce or parenting actions involving children under the age of 18 must attend an initial session at the court house known as a “First Appearance.” The First Appearance session is scheduled in a few weeks after a case is filed at the Family Division court. The First Appearance session is held in a court room with a Family Division judge providing information about the Court process and the important role of parents in the process. Parents are provided with written information about the court process, mediation and how to work toward resolving their case without litigation. Parents are also provided information about scheduling their attendance at the Child Impact Program. All parents of minor children must attend this mandatory parenting class. At the end of the First Appearance session, parents schedule the next event in their case – either a case manager conference, mediation, or a court hearing. Attendance by parents at the First Appearance session is mandatory, unless specifically excused by the Court. No action is usually taken by the Court until the parents attend the First...
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