Transcript court clinic orientation - Psychosocial Rehabilitation Association of

COURT CLINIC ORIENTATION
Welcome to the
Family Court Clinic Orientation
This presentation has been designed
to help you understand the functions
of the
Family Court Clinic of the
Second Judicial District Court
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COURT CLINIC ORIENTATION
The Family Court Clinic provides services
to individuals referred to the Court Clinic
by a Court Order.
The Clinic addresses child custody
issues in cases filed in Bernalillo County.
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Type of Cases Referred to the
Court Clinic
 Divorce
Cases: the parties were married
and had a child together.
 Parentage
Cases: the parties were NOT
married but had a child together.
 Domestic
Violence Cases: allegations of
domestic violence in the parties
relationship.
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Court Clinic Referral Order
The cases that are seen at the Court
Clinic are referred to the Clinic by a
Court Clinic Referral Order (“CCRO”).
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Processes and Procedures
 On
Call Consultation
 Priority
Consultation (“PC”)
 Mediation
 Advisory
Consultation (“AC”)
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On Call Consultation

An “On Call Consultation” occurs when a
judicial officer requests assistance from
the Court Clinic during a hearing.

The Consultation could be conducted on
the day of the hearing or at a later date.
The clinician will assist the parties in
reaching an agreement, or will otherwise
make suggestions to the Court.
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Priority Consultation

All custody and timesharing recommendations
are guided by the best interest of the child(ren).
 “Priority Consultation" means that the Court
has requested specific information through a
brief assessment regarding the parenting
situation and recommendations regarding
temporary arrangements.
 The Priority Consultation will be conducted at a
later date, usually within three (3) weeks,of the
Order being entered.
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Mediation

Mediations are conducted by mediators who have
education and experience in psychology, social
work, marriage, family and child counseling or
related fields with special training in working with
families in conflict, domestic violence and custody
related issues.

The purpose of the Domestic Relations Mediation
Act is to assist the Court, parents and other
interested parties in determining the best interests of
the child(ren) involved in domestic matters cases.
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Mediation

Mediation is a meeting between both parties
and a neutral third person. The role of the
mediator is to facilitate the parties in
reaching an agreement. The mediator does
not represent either party, and remains
impartial.

You and the other party will each present
your proposals for form of custody and
timesharing, and other issues, and will
negotiate to attempt to reach an agreement.
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Who should attend Mediation?

It is not advisable to bring friends,
current boyfriends, girlfriends, spouses,
partners, your children or relatives to
mediation. The mediation process will
include only the parties.

If you are represented by an attorney, he
or she will not be included in the
mediation process.
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What Mediation Will Not Address

There are some matters that we
cannot address in Mediation. These
include:
Giving Legal Advice
 Child Support
 Spousal Support
 Division of Property

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Child(ren) in Mediation
The Court Clinic clinician may use his or her
discretion in deciding if it is necessary to
interview your child(ren).
If it is appropriate and necessary to interview
your child(ren), with the agreement of the
parties, the Court Clinic clinician will
schedule an appointment to speak alone with
your child(ren) or to have another clinician
speak with your child.
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Child(ren) in Mediation
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The mediators are trained to work
sensitively with child(ren) in these
matters.
The child(ren) are not asked to choose
sides or to choose between parents.
The mediator will gather information
from the child(ren) regarding their
thoughts, feelings and concerns.
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Getting the Most Out of Mediation

Give careful thought to a parenting
plan that will work for your child(ren).
Designing the parenting plan should
include the active participation of both
parents.

Please come prepared. There is no
substitute for preparation.
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Getting the Most Out of Mediation

Many parents find it helpful to write out
a schedule and bring it to mediation.

Think through the details of the average
day.

Think of special circumstances:
holidays, vacations, transportation and
exchange locations.
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What if there is a Restraining Order?

If there is an Order of Protection protecting
you from the other party and/or if domestic
violence has occurred, you may request to
meet with the mediator separately from the
other party.

If you meet together with the other party, the
mediator will work to create an environment
that is safe and will permit you to be heard.
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Restraining Order
If you have an Order of Protection
there is a separate waiting area at the
Family Court Clinic. If you are still
uncomfortable, you may request to
wait in another area until mediation
begins.
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Confidential Mediation
Mediation proceedings shall be held
in private and shall be confidential.
All communications, verbal or written,
from the parties to the mediator shall
be inadmissible in any Court hearing.
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Confidential Mediation
No report of the personal content of
mediation shall be made to the Court,
or the attorney for either party. The
mediator shall inform the Court by
written notice the result of the
mediation session. If the mediation
process is successful, the agreement
shall become a parenting plan.
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Confidential Mediation

If a full mediated agreement cannot be
reached, the unresolved issues shall
proceed to the Court for a hearing.

At the hearing the Court shall rule on how
the case will proceed (i.e. Priority
Consultation, Advisory Consultation,
Rule 11-706 evaluation, Court ruling, etc.)
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Confidential Mediation
For additional information, please refer
to the “Confidential Mediation at the
Court Clinic Information Sheet” which
is attached to your questionnaire.
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Confidential Mediation
Please be aware that Clinicians are
mandated by federal and state laws to
report to the appropriate authorities
any suspicion of child abuse or any
instance of suspected risk of harm to
yourself or others.
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Advisory Consultation

“Advisory Consultation" means an
assessment about the parenting situation
and a brief written report summarizing the
information for the attorneys and the Court.

The process includes an assessment of the
positions, situations and relationships of
family members and recommendations
regarding specific plans, general issues or
requested action.
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Advisory Consultation Fee
There is a fee associated with the
Advisory Consultation process which
is based on each party’s gross
monthly income and the number of
children involved in the case.
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Rule 11-706 Evaluation

The Court may Order the appointment of a
Rule 11-706 Evaluator. This is an evaluation
conducted by a private psychologist not
associated with the Court Clinic. This
professional will conduct a child custody
evaluation and provide an extensive report
with recommendations.

Both Advisory Consultations and a Rule
11-706 evaluation can be lengthy, timeconsuming and costly to the parties.
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Physical Custody
“Physical custody" means the physical
care and supervision of a child(ren).
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Sole Legal vs. Joint Legal Custody

Sole legal custody gives one parent
authority to make decisions.

Joint legal custody permits both parents
to be involved in decision making for the
child or children.
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Joint Legal Custody
Joint Legal Custody means an Order
of the Court awarding decision-making
of a child(ren) to both parents.
Joint legal custody does not imply an
equal division of the child's time
between the parents or an equal
division of financial responsibility for
the child.
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Joint Legal Custody Determination
The law in New Mexico states that there
shall be a presumption that joint legal
custody is in the best interest of a child
in an initial custody determination.
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An Award of Joint Legal Custody

When joint legal custody is awarded, the
Court shall approve a parenting plan.

The parenting plan shall include a division
of a child's time and care into periods of
responsibility for each parent. It may also
include the following:
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An Award of Joint Legal Custody

(1) statements regarding the child's religion,
education, child care, recreational activities,
counseling and medical and dental care;

(2) designation of specific decision-making
methods;

(3) methods of communicating information about
the child, transporting the child, exchanging care
for the child and maintaining telephone and mail
contact between parent and child;
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(4) procedures for future problem-solving,
including procedures for dispute resolution;
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Joint Legal Custody means:

(1) each parent shall have significant, welldefined periods of responsibility with their child;
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(2) each parent shall have, be allowed and
expected to carry out, responsibility for their
child's financial, physical, emotional and
developmental needs during each parent's
periods of responsibility;
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Joint Legal Custody means:

(3) the parents shall consult with each other on
major decisions involving their child before
implementing those decisions; that is, neither
parent shall make a decision or take an action
which results in a major change in a child's life
until the matter has been discussed with the
other parent and the parents agree.

If the parents, after discussion, cannot agree and
if one parent wishes to effect a major change
while the other parent does not wish the major
change to occur, then NO change shall occur
until the issue has been resolved;
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Joint Legal Custody means:

(4) the following guidelines apply to major
changes in a child's life:
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(a) plans to change the child(ren)’s city or
state of residence.
(b) the child(ren)’s religious denomination
and religious activities, or lack thereof.
(c) both parents shall have access to school
records, teachers and activities.
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Joint Legal Custody means:

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(d) both parents shall have access to,
counseling, medical and dental treatment
providers and information, as deemed
appropriate by the provider. Major elective
medical or dental treatment must be agreed
upon by both parents;
(e) both parents may attend their child's
activities and both parents should know the
current schedules. Also, neither parent may
enroll the child(ren) in a new recreational
activity unless the parties agree;
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Joint Legal Custody decisions

(5) decisions regarding major changes in a
child's life may be decided by:
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(a) discussion and agreement between the
joint custodial parents;
(b) the parents seek family counseling,
conciliation or mediation services to assist in
resolving their differences;
(c) agreement between the parents to submit
the dispute to binding arbitration;
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Joint Legal Custody decisions
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(d) allocating ultimate responsibility for a
particular major decision area to one parent;
(e) terminating joint legal custody and
awarding sole custody to one person;
(f) reference to a master; or
(g) the District Court Judge making a ruling.
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Sole Legal Custody
Sole Legal Custody means an Order
of the Court awarding custody of and
decision making over a child(ren) to
only one parent.
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Period of Responsibility
“Period of Responsibility" means a
specified period of time during which a
parent is responsible for providing for a
child(ren)'s physical, developmental and
emotional needs, including the decision
making required in daily living. Specified
periods of responsibility shall not be
unilaterally changed in an instance or
more permanently.
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Primary Residence

Primary residence is defined as the
city and state in which the
child(ren)resides.

Primary residence is not the parent
with whom the child lives or the home
in which the child resides.
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Timesharing and Visitation

Timesharing and visitation is the
period of responsibility that the
children have with each parent.

Visitation means a period of time
available to a non-custodial parent,
under a sole custody arrangement.
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Parenting Plan
Parenting Plan means a document
submitted for approval by the Court
setting forth the responsibilities of
each parent, individually and jointly in
a joint custody arrangement;
 When a parenting plan is written and
signed by a judge, it becomes a
Court Order.

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Relocation of Custodial Parent
In situations in which one parent has sole
custody of the child, the parent seeking to
relocate with a child is entitled to a
presumption that the move is in the best
interests of the child.
The burden is on the non-custodial parent
to show that the move is against those
interests or motivated by bad faith on the
part of the custodial parent.
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Child Developmental Needs
A parenting plan must take into
consideration the age and emotional
stage of development of each child.
A child can make the decision about
which parents he wishes to live with
when he reaches the age of majority,
which in the State of New Mexico is
18 years old.
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Infants and Toddlers: 0-3 years
Developmental tasks
 Bonding to parental
figures
 Physiological rhythms
 Basic Trust
 Exploration from a
secure base
Important to provide
 Basic caretaking
 Continuity and consistency
 Limited number of caretakers
and change
 Safety
 Nurturance
High Stress Signals

Excessive fretfulness and crying

Sleeping, eating, digestive problems
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Failure to gain weight and thrive

Apathy, nightmares, regression
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Major prolonged upset with transitions
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Delayed development
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Preschool: 3-5 years
Developmental tasks
 Autonomy
 Safe separations and
reunions
 Peer relationships
 Impulse management
 Time lasts forever
Important to provide
 Firm limits
 Safety
 Support their ideas & feelings
 Reassurance & explanations
 Consistent social settings
High Stress Signals
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Regression
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Development lags
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Excessive aggression
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Withdrawal and depression
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Extreme neediness
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Prolonged crying at transitions
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Elementary: 6-12 years
Developmental tasks
 Increase involvement
outside family
 Competence
 Fairness
 Self-esteem
 Logical reasoning
Important to provide
 Insulation from parental
conflicts
 Keep your promises
 Continuity of friends and school
 Time for talk and listening
 Flexibility to make child’s
events a priority
High Stress Signals

Trouble getting involved in activities
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School problems

Denial and Splitting
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Anxiety and Moodiness
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Aggression and Depression
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Teenage: 13-18 years
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Developmental tasks
Separation and
independence
Identity
Sexual identity
Abstract thought
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Important to provide
Age appropriate limits
Allow responsibility &
independence
Respect for individuality
Negotiation
High Stress Signals
Depression
Withdrawal
Suicidal thoughts
Splitting and manipulation of parents
School problems
Substance abuse and dangerous behaviors
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Children’s Reactions
If the child returns from visiting the
other parent angry and/or upset, it
may not be the fault of the other
parent, rather the child may be acting
out because he/she senses the
tension and unhappiness between
his/her parents or simply it may reflect
the child(ren)’s needs.
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Parental Cooperation

The first year following the separation is
a critical time for children. Parents may
be more distracted, and routines may be
disrupted. Everyone, including the child,
is struggling to find a new balance.

Reassure your child that there will be an
on-going relationship with each parent
and shield your child from the parental
conflict.
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Children Exposed to Conflict

Studies show that children do best when
parents cooperate with each other following
separation and divorce.

Children who have long-term emotional
problems and relationship difficulties later in
life usually have been exposed to on-going
conflict and animosity between their parents
while they were children or felt that they did
not have access to the other parent when a
good reason was not apparent to them.
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"FACTS" ABOUT DIVORCE

Divorce is always painful for children, no matter
how old they are.

Divorce does not end the relationship between
you and your spouse, it changes the rules of the
relationship.

You are not the only parents going through
divorce.
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You do not have to hate your spouse to get
divorced.

The divorce takes place psychologically for
children on the day of the separation.
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"FACTS" ABOUT DIVORCE

When parents live apart, children have more
opportunities to manipulate them.

It is hard when children cannot spend time with
someone they love, they are always missing
someone.

A parent should not become a "friend" to their
child or children and a child should not become a
parent to their parents or their siblings.
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"FACTS" ABOUT DIVORCE
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Child support payments are intended to support
your children.
Unhappy parents cannot raise happy children.
Courts do not want to place children with a parent
who is systematically trying to destroy the other
parent’s relationship with the child(ren).
Never ask a child to decide who he or she wants
to live with, children cannot deal with the parental
conflict.
Two people living apart cannot live as cheaply as
two people living together.
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"FACTS" ABOUT DIVORCE
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You should be willing to do whatever you want
your spouse (or ex-spouse) to do. Remember
The Golden Rule.
The more consistency parents provide in their
children's lives, the healthier the children's
adjustment will be.
The more flexibility a parent has regarding
placement and visitation arrangements, the more
comfortable children are likely to be.
Divorce is a process, not an event.
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"FACTS" ABOUT DIVORCE
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Children of all ages, who witness family violence
of any kind, are emotionally traumatized.
Children need to be emotionally and physical
safe from parental conflict.
Children need a relationship with both parents.
All children need consistency and stability from
both parents.
Children do better if they know when they will be
spending time with each parent.
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"FACTS" ABOUT DIVORCE
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Parents who make their own mutual decisions
regarding a parenting plan are less likely to need
future Court involvement and are generally happy
with the outcome.
You may not have had a good marriage, but, you
can have a good divorce.
WINNING IS NEVER MORE IMPORTANT THAN
THE WELL-BEING OF YOUR CHILDREN.
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