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Honoring Families

The Honoring Families Initiative serves to advance empirically informed models for dignified and fair processes for the resolution of divorce and child custody cases in a manner that is more accessible and more responsive to children, parents, and families.

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New Family Law Procedures Now Effective in Idaho

Natalie Anne Knowlton Posted in Honoring Families

The new Idaho Rules of Family Law Procedure (IRFLP) will go into effect statewide today. Several Judicial Districts have opted to implement the rules prior to this date. The new IRFLP are designed “to assist both lawyers and SRL’s by reorganizing all rules that apply in family law cases . . . in a complete and logical matter that is easier to use by all.”

Unbundling Legal Services at AFCC’s 52nd Annual Conference on Children in the Court System

Hunter Metcalf Posted in Honoring Families

The 52nd Annual Conference of the Association of Family and Conciliation Courts (AFCC) is taking place this week in New Orleans, and representatives from IAALS will be taking part in the discussions. Honoring Families Initiative Senior Advisor Chief Judge Janice Davidson (Ret.) will be speaking on a panel about unbundled legal services, focusing on the impact lawyers can have by providing services to families on a task-by-task basis.

“Modern Family Court Judge” Republished in Family Court Review

Natalie Anne Knowlton Posted in Honoring Families

The Modern Family Court Judge: Knowledge, Qualities, and Skills for Success, originally published by the Honoring Families Initiative in October 2014, has been republished in the April 2015 edition of Family Court Review. The paper focuses on the broad spectrum of legal and non-legal issues family court judges deal with and what judges need in order to be successful.

Justice Index Expansion Announced

Natalie Anne Knowlton Posted in Honoring Families

The National Center for Access to Justice (NCAJ) launched the Justice Index just over a year ago. This first-of-its-kind Index provides a spectrum of data that compares states in regards to access to justice across several categories. Recently, the NCAJ announced the second phase of the Justice Index, which will implement a new tool to “expand and update public understanding of how state justice systems are serving the millions of litigants each year who cannot afford a lawyer.”

Adapting Family Law for Modern, Nonmarital Families

Hunter Metcalf Posted in Honoring Families

In a recent article, Professor Clare Huntington argues for family law reforms that address the “seismic shift” occurring in American families. Today, more and more children are born to unmarried parents. To date, the legal system has not been responsive in adapting to this shift and fostering more beneficial co-parenting partnerships.

Minnesota Proposal Would Allow Families to Divorce Entirely Outside the Legal System

Hunter Metcalf Posted in Honoring Families

Minnesota legislators are proposing an alternative to traditional divorce proceedings—the Cooperative Private Divorce. The bill aims to allow couples to form divorce agreements without filing with the court or needing a judge’s sign-off. The reform will not replace the current, court-administered divorce system, but adds another option for families to consider.

New York’s Broad Mission to Address Access to Justice

Hunter Metcalf Posted in Educating Tomorrow’s Lawyers®, Honoring Families, Rule One

New York has set its sights on access to justice and alleviating some of the issues that low-income litigants face needing help from justice system. In his annual State of the Judiciary address on February 17, New York Chief Judge Jonathan Lippman put forth a number of innovative methods for making the state’s judiciary more equitable and accessible.

Collaborative Divorce Continues to Gain Steam

Hunter Metcalf Posted in Honoring Families

Divorce can put families through a long and difficult process of litigation—but does it have to? At its core, the collaborative divorce process occurs outside of court and seeks to resolve issues in a more respectful and dignified setting. According to a recent article, an increasing number of divorcing spouses are turning to this option, and the ABA Journal recently profiled IAALS’ out-of-court approach.

Resource Center Benefits Graduate Student Workers along with Their Divorcing Clients

Natalie Anne Knowlton Posted in Honoring Families, Informed Opinions

Since opening in September 2013, the University of Denver’s Resource Center for Separating and Divorcing Families has served as an invaluable resource not only for participating families, but also for the graduate students who have an opportunity to work within their field and gain experience. In January’s Family Court Review, students and supervisors share their perspectives on the experience.

ABA Journal Highlights Successes of IAALS Out-of-Court Divorce Model

Natalie Anne Knowlton Posted in Featured, Honoring Families

In its effort to highlight the paradigm shift in how law is being practiced, the ABA Journal recently reported on the IAALS model for a less adversarial, out-of-court divorce process and the first implementation of this model at the University of Denver. While a comprehensive, three-year evaluation of the Resource Center for Separating and Divorcing Families is underway by IAALS, anecdotes from families who have proceeded through the process show that it is succeeding.

Task Force Assembling in Iowa to Explore Family Law Cases

Natalie Anne Knowlton Posted in Honoring Families

Iowa Supreme Court Chief Justice Mark S. Cady announced in his 2015 State of the Judiciary speech the creation of a task force “to make recommendations for greater consistency, efficiency, and transparency in the resolution of family law cases.” According to Chief Justice Cady, “[t]hese cases are a big portion of our workload, and now is the time to make sure Iowa’s court system provides the best possible practices and outcomes for families who need our courts during difficult times.”

National Center for State Courts Releases Screening Tool for Divorce Case Triage

Natalie Anne Knowlton Posted in Honoring Families

The National Center for State Courts recently released a screening tool for divorce cases to help courts “meaningfully differentiate cases.” The tool is designed to identify families who are largely in agreement on the issues in their case and need minimal or no court assistance. The tool is not a one-size-fits-all instrument, and jurisdictions around the country can adapt it to their particular circumstances.

The Debated State of Marriage and Divorce in America

Riley Combelic Posted in Honoring Families

The institution of marriage in the United States is stronger today than it has been for quite some time—or is it? Recent articles from The New York Times and The Week debate the issue and reach different conclusions. The NYT points to many reasons for the drop in divorce, while The Week argues the data is flawed and the state of marriage is not quite so positive.

Evaluation of Idaho “Informal Custody Trial” Program Released

Riley Combelic Posted in Honoring Families

Idaho has released a report evaluating its Informal Custody Trial (ICT) program. The ICT allows litigants in child custody cases to suspend the rules of evidence and the normal question-and-answer format of trial, waive the rules of discovery, and directly present their case, issues, and concerns to the court. The report had many encouraging statistics, but more evaluation may be needed to determine whether the program is successfully helping families.

Without Assistance, UK Parents Foregoing the Court System

Riley Combelic Posted in Honoring Families

New research out of the United Kingdom suggests that instead of facing the family court system without legal counsel, families are choosing to forgo the courts altogether. This problem is not novel to the UK, and self-represented litigants are on the rise in the United States as well. Our Cases Without Counsel project is conducting first-of-its-kind national research in the hopes of better understanding how the legal system can meet the needs of these families.

First Time for Service via Facebook in US Family Court

Riley Combelic Posted in Honoring Families

A family court in New York City recently allowed a father to serve his ex-wife with notice of a child support action via Facebook. The father first attempted to find and contact the mother through all of the traditional means, to no avail. The magistrate allowed the nontraditional service and noted that it was most likely the first of its kind in the country—when both parties are in the United States.

The Modern Family Court Judge: Knowledge, Qualities & Skills for Success

Zachary Willis Posted in Featured, Honoring Families

Family court judges make significant decisions affecting our nation’s families, yet these judges are often undervalued—even by their peers on the bench. And, there is insufficient acknowledgement of the broad expertise required to do the job well. A new IAALS publication aims to change this by drawing attention to the special knowledge, qualities, and skills that these judges need to be successful—and hopefully reprioritizing and revaluing their role in the legal system.

Self-Represented Litigants and the Struggle to be Heard

Riley Combelic Posted in Honoring Families

Courts in many countries have been striving to provide various services to help facilitate the increasing number of self-represented litigants who need their services—especially in family law cases. In Ontario, Canada, the National Self-Represented Litigants Project recently published An Open Letter to the Canadian Judiciary, meant to encourage a dialogue between self-represented litigants (SRLs) and judges, who may struggle at times to effectively assist SRLs in their courtrooms.

“Divorce Hotel” to Cross the Pond from Europe

Riley Combelic Posted in Honoring Families

A Netherlands company is headed to New York to establish a “divorce hotel.” Couples with uncomplicated divorces can spend a weekend at the hotel to work through the process quickly with mediators and independent lawyers, with the goal of emerging with documentation that a judge can make final. The idea of alternatives to the traditional divorce process are not new in the United States, and continue to expand.

Honoring Parental Agreements Between Divorced or Never-Married Parents

Riley Combelic Posted in Honoring Families

A recent article in The New York Times argues that divorced and never-married parents have, in a sense, lost their right to choose how they want to parent. While married parents get a level of discretion from the legal system, “[j]udges routinely decide where the children of divorced parents will attend school, worship and receive medical care.” Why the difference in treatment between married parents and those who are divorcing or separating?

ABA Survey Finds Self-Help Legal Centers Flourishing

Riley Combelic Posted in Honoring Families

A recent ABA survey report found that self-help legal centers around the nation “are a vibrant and effective resource” to those they serve. Receiving responses from nearly half of those surveyed, the ABA found that self-help legal centers now serve approximately 3.7 million people each year and mostly provide legal service in the area of family law, including child support, domestic violence, and guardianships.