Microsoft Word - Family Law Section 9_30

Family Law Section of the Delaware State Bar Association

September 30, 2021 at 4:00 p.m. at The Yeager Law Firm LLC

(2 Mill Road, Suite 105 Wilmington, DE 19806)

Conference Line (857) 357-0254 Access Code: 444805

Meeting Minutes

______________________________________________________________________________

1. Roll call of participants by telephone and announce who is in the room

-Staci Harpell, Dana Reynolds, Pattie Weir, Julie Yeager, Zack Berl, Leslie Spoltore,

Alaina Chamberlain, Candace Holmes, Kathy Laffey, Erin Brignola, Alyssa Kelly,

Shauna Hagan, Tyler Waad, Addie Assay, Dean Betts

2. Good and Welfare

-Open invitation by Kathy Laffey Wed. 10/20/21 5-7 pm for Whitbeck Bennet reception

3. Liaison Issues

a. Any liaison issues - none

b. Any liaison announcements

– Family Court moving forward with 3

annual mediation training by Zoom –

registration information comes out next week – full day 10/22/2021; There will

also be a half day program (for new family law mediation practitioners) on

10/21/2021 in afternoon starting at 1 p.m. until 4:30 pm

-Family Court also celebrates its 50

anniversary; books are available at no

charge upon request

-In person vs. remote hearings; Everything continues to be in some flux but there

are general presumptions based on certain case type, i.e., default is remote for

mediations; Judicial officers have discretion to determine in person or remote;

Form 585 is new form to notify that an attorney or party will appear in person;

Form 584 is form to request to appear remote when notice is for in person

hearing; Questions can be directed to Addie Assay

-Family Court staff is making a herculean effort every day

4. Previous Business

a. Contact Guidelines Committee - Kathy Laffey

-Waiting for an update to be circulated

5. New Business and Announcements:

a. Ad Hoc Committee for Child Support Formula Review

i. Chief Judge Newell seeking a designee for the committee representative of

the Family Law Section of the State Bar Association

ii. Any volunteers or nominations

-Ash Scashe & Alaina Chamberlain

-Written ballots to be submitted to Pattie Weir by 5 pm today

-Pattie Weir will reach out to CJ Newell regarding 2 designees

iii. Vote

b. Family Law Program at the Law Library in the Courthouse

i. Volunteers needed for 11AM-1PM on Thursdays; Great opportunity to

create new clients; Currently only 2 volunteers at this time

ii. Free 15 minute consultations; Forms have been prepared for easy intake

iii. If interested contact Dave at [email protected]

c. ACLU of Delaware research project on the judicial bypass process for minors

seeking to avoid notifying their parents of abortion access

i. If any experience please contact Nick Beard at (302) 434-0046 or

[email protected]

d. Family Law Update Committee

i. If interested in joining please contact Pattie at

[email protected]

-Date for Update is 12/10/2021

e. Legislation

-Nothing new (per Leslie Spoltore)

-Leslie will continue to update Section

f. Family Court Rules Committee Update

g. Family Court Practice Guidelines Committee Update

-Kara Swasey advised Committee has not met again since COVID/on hold

-Addie Assay advised regarding bill to permit legal publication online for all

matters for which publication is otherwise permitted – hopes to go into effect

1/1/2022

-TPR statute should be signed

h. Family Court Technology Committee Update

-Kara Swasey will update at a later date

6. Calendar of Upcoming Events:

a. Open invitation to WhitbeckBennett Reception celebrating the First Anniversary

of the Delaware Office and the selection of Kathryn J. Laffey as one of the Top

Lawyers in Family Law by Delaware Today – October 20, 2021 from 5:00 p.m. to

7:00 p.m. at the Delaware Center for Horticulture (1810 N. Dupont Street,

Wilmington, DE 19806)

i. Please notify Kathy ([email protected]) if attending

b. Next section meeting – Thursday, October 28, 2021 at 4:00 p.m.

c. Family Law Update 2021 – Save the Date - December 10, 2021

7. Food for Thought

a. Case Law Report

-Dean Betts: Judge Millman informed counsel in a case that as of 9/14/2021 the

Model Relocation Act factors (not Act itself) went into effect (HB 136 signed by

Governor) and will be included in Section 734 of Title 13 for determinations

regarding relocation; The factors are required to be considered by the Court

b. Cases of Interest

8. Adjournment

-Motion to adjourn by Julie Yeager, Seconded by Dana Reynolds, no objections (4:51

pm)

Family Law Section of the Delaware State Bar Association

October 28, 2021 at 4:00 p.m. at The Yeager Law Firm LLC

(2 Mill Road, Suite 105 Wilmington, DE 19806)

Conference Line (857) 357-0254 Access Code: 444805

Meeting Minutes

______________________________________________________________________________

1. Roll call of participants by telephone and announce who is in the room

a. Present: Megan Walstrom, Leslie Spoltore, Gretchen Knight, Bonnie Copeland,

Dana Reynolds, Kara Swasey, Jen Mensinger, Addie Assay, Megan McGovern,

Zach Berl, Dean Betts, Bonnie Gladew, Kathy Laffey, Julie Yeager, George

Tsakataras, Alyssa Kelly

2. Good and Welfare

a. Jill’s son is graduating from Ft. Wood basic training today!

b. Vernon & Jay & Lauren Brown passed the bar!

c. Shannon Shropshire (Judge Buckworth) is retiring. Dawn Vasquez his judicial

case manager will be his new secretary. All communication with his office

should now go through Dawn at [email protected]

d. Darlene Washington (Judge Millman) also retiring.

e. Theresa Hayes got the vacant judicial position

3. Liaison Issues

a. Any liaison issues

i. Subpoenas at the court don’t reflect current rule changes. Should have

been updated already. Addie to follow up. If you have old subpoenas,

you don’t need to swap out, but you can if you want to.

ii. Not getting notice when people aren’t served, or deficiencies, etc. Addie:

we need to understand there are processing delays. We have 30 actual

vacancies. Doesn’t take into account people that are on leave. So there

will be delays. But Addie is happy to check case-by-case basis.

iii. PFA case reviews/scheduling – Court is requiring us to hold a full day for

PFA hearings and it’s making it difficult to take PFA cases. Addie: there

is a PFA work group working on processes. Issue has been brought up to

that group, believe they are doing what they can to rectify. George

suggests that the court check with attorneys for scheduling of PFAs.

4. Previous Business

a. Contact guidelines committee – changes highlighted in blue; points of

clarification in green

i. Discussion re: file motion for counseling where child resists.

ii. Discussion re: forced sending children to daycare

iii. Next Committee Meeting: 11/15/21 at 4pm via Zoom – link to follow

5. New Business and Announcements:

a. Molly Shaw – Deputy Child Advocate with OCA

i. Seeking an attorney barred in NJ to help her and DFS file a petition to

open a sealed adoption record. She represents 2 teen girls who were

adopted from NJ as young children, and they have both been in DFS

custody with their adoptive mom’s rights terminated for several years

now. They are hoping to find some info about bio family to explore

potential permanency options or even just supports for these girls. It

would be great if someone were willing to do this pro bono. Thanks for

any assistance you can provide!

ii. Please contact Molly Shaw at [email protected] if you can be

of any assistance.

b. Ministry of Caring - Priscilla Rakeshaw

i. 2021 giving project for the Ministry of Caring/Emmanuel Dining Room.

ii. Devastation due to flood

1. Send out letter and urging – with URL to watch Count Me in

Again! on Thursday, November 4, 2021 at 7:00 p.m.

2. Extra persons coming to dining room. Trying to raise extra money

for food.

3. Turkey THON – thanksgiving dinner – seeking extra turkey

4. Adopt a child – qualified children - 1,000 children for Christmas –

no gifts only gift cards – parents do the shopping

c. Family Law Update Committee

i. If interested in joining please contact Pattie at

[email protected]

d. Legislation Subcommittee

i. CPAC Legislation – previously reviewed, subsequent changes to section

912(c)

1. Release of information – new change removes subpoena as way to

release CAC interview

a. The CAC spends time when get subpoenas, suggestion to

remove language regarding need for subpoena

b. Method to obtain would be via Court Order - would file a

motion with Court seeking records related to forensic

interview and request in camera review

2. Section voted to oppose if not given additional time to review and

discuss

ii. If interested in joining please contact Leslie Spoltore

e. Family Court Rules Committee Update

i. See updated rules – changes effective 12/1/2021

ii. Some noted changes:

1. Rule 5: excluding petitions, service upon the attorney or party shall

be made in a manner reasonably calculated to deliver before or at

the time of filing, e.g., by email.

2. Rule 53.1: the responding party now has 20 (instead of 10) days to

file an answer to the request for review of commissioner's order.

3. Rule 77: Orders shall include the date the evidence closed and the

date the order was filed.

4. Rule: 87.2: a petition will be heard in the county where it was filed

unless: a motion is filed and granted, the court on its own changes

the venue, or the petitioner designates a different county on the

caption than where it was filed. A petition filed in the incorrect

county shall be transferred to the correct county, and not

dismissed.

5. Rule 90.1: how the court will handle confidential addresses

6. Rule 101: you can reference a previously filed marriage certificate

in your petition for divorce (substitution by reference).

7. Rule 104.1: You do not need to wait to receive the Notice of Trial

Readiness to file the request to proceed without a hearing if the

case is ready for trial.

f. Family Court Practice Guidelines Committee Update

g. Family Court Technology Committee Update

6. Calendar of Upcoming Events:

a. Next section meeting – Thursday, November 18, 2021 at 4:00 p.m. by Zoom

b. Family Law Update 2021 – Save the Date - December 10, 2021

7. Food for Thought

a. Case Law Report

b. Cases of Interest

i. Custody lately –

1. Judge Much (shared placement)

2. Judge Ranji (safety)

8. Adjournment

Family Law Section of the Delaware State Bar Association

November 18, 2021 at 4:00 p.m. by Zoom

MEETING MINUTES

______________________________________________________________________________

1. Attendees

• Pattie Weir, Dana Reynolds, Staci Harpell, Addie Asay, Bonnie Copeland,

Candace Holmes, Leslie Spoltore, Bonnie Gladu, Christofer Johnson, Gretchen

Knight, Kathy Laffey

2. Good and Welfare

• Congratulations to Jill Spevak Di Sciullo who received Christopher White Access

to Justice Commitment Award!

3. Liaison Issues

• Subpoenas have been revised in draft but the Court does not want to reissue

subpoenas in triplicate; Court is planning to reissue in a single page form;

Litigants can continue using the existing subpoenas at this time

• Amended rule regarding service by email (except for petitions)

• The Rules committee is almost finished with its work

• Ongoing discussions regarding delays in mailings by the Court after issuance of

notices; Mediators will be more lenient in continuing/postponing mediations

• When new rule changes become effective Dec 1, 2021, email is effective for

service of motions. There is confusion regarding whether email service permits

for the additional 3 days for service by mail; Rule 79.1 addresses electronic filing

and 79.1(i) allows the additional 3 days for electronic service in accordance with

Rule 6(d) re additional time after service by mail.

4. Previous Business

a. Contact Guidelines Committee

• Kathy Laffey provided an update. The committee has come to a

consensus, but they have not come to a formal vote yet. Possibly will be

able to present this at the upcoming Family Law Section Update but

certainly will have a vote by January 2022. The plan is to clean up

holidays and times for holiday exchanges and provide further consistency;

also will recognize difference between shared residential arrangements

and consequences for late exchanges where there is a primary residential

placement.

5. New Business and Announcements:

a. Holiday Gift Collection for Children in Foster Care - the Department of Justice is

again collecting gifts for children in foster care for the holiday season. The

Amazon wish list has been updated with gifts requested by the

children. https://www.amazon.com/hz/wishlist/ls/1MNNS8IFWCTSU?ref_=wl_s

hare

b. Ministry of Caring - Priscilla Rakeshaw

i. 2021 giving project for the Ministry of Caring/Emmanuel Dining Room.

ii. Adopt a child – qualified children - 1,000 children for Christmas – no gifts

only gift cards – parents do the shopping

c. Family Law Update Committee

i. Family Law Update Case Law Report Help Needed - We need assistance

finishing the case law summaries for the Case Law Update. If you are

willing and able to summarize some cases, please email Chantel Rhoads

at [email protected].

1. There are approx. 40 cases remaining for summarizing for the Case

Law Update.

• Dana Reynolds, Megan McGovern and Pattie Weir are finalizing agenda.

We are encouraging presenters and attendees to attend in person but there

is an option at registration to participate via Zoom. There will be catered

breakfast and lunch. The Family Law Update will occur on December 10,

2021.

d. Legislation Subcommittee

i. If interested in joining please contact Leslie Spoltore

• New change in proposed legislation §909 - the fact that DFS is

doing an investigation cannot be used as evidence at trial if DFS is

not involved in the case will be stricken in the proposed legislation

per the request of the Family Court

• Proposed §912 – Section supports deleting proposed subsection (b)

• The multidisciplinary group that has reviewed the current draft will

revising the in-camera review piece of hours and hours of CAC

interviews; this in-camera review will be re-evaluated. One option

is to permit attorneys to come into the Court to review those

interviews themselves. However, this does not consider pro se

litigants. This is a work in progress so no new vote today for the

Family Law Section.

• Section members want to make sure that there is subpoena power

and that these requests can be addressed timely.

e. Family Court Rules Committee Update

• No new updates

• Gretchen Knight and Judge Kerr will be presenting the new rule changes

at the upcoming Family Law Update

f. Family Court Practice Guidelines Committee Update

• No new updates

g. Family Court Technology Committee Update

• No new updates

6. Calendar of Upcoming Events:

a. Family Law Update 2021 –December 10, 2021

7. Food for Thought

a. Case Law Report

• No new updates

b. Cases of Interest

• No new updates

8. Adjournment

Bonnie Copeland motioned to adjourn, Kathy Laffey seconded the motion and Pattie

Weir adjourned

Minutes of the Family Law Section of the Delaware State Bar Association

January 27, 2022 via Zoom Videoconference

1. Roll call of participants by telephone and announce who is in the room

Pattie Weir, Dana Reynolds, Mark Hudson, Commissioner Fitzgerald, Ping Xu, Addie

Asay, Kathryn Laffey, Pete Clark, Alyssa Kelly, Tyler Waad, Bonnie Gladu, Bonnie

Copeland, Carl Heckert, Jen Mensinger, Commissioner Blount, Tabatha Castro, Leslie

Spoltore, Jill DiScuillo, Gretchen Knight

2. Good and Welfare

3. Liaison Issues

a. Any liaison issues

i. Family Court Interpreters not provided in ancillary cases with private

attorneys

1. The 2016 AOC Court Interpreter Program Policy Directive (link

below) provides that interpreters are provided for all in-court civil

matters in Family Court with the exception of ancillary matters

where there is a private attorney. Any request to deviate from the

policy would need to be considered by the assigned Judge.

2. https://courts.delaware.gov/aoc/courtinterpreter/

Discussed concern regarding this policy as it applies to access to justice

and indigent parties. This guideline does not apply with respect to

American Sign Language under the ADA.

ii. Family Court Legal Notices

1. Form 241 Affidavit that a Party’s Address is Unknown

a. Now check box option “I am requesting that the Court

publish notice of this action on its legal notices website at

no cost to me.”

Section discussed need to file a motion for a special

process server if address is actually known but difficulty

obtaining personal service.

b. Can also still elect to publish in the newspaper but

responsible for cost

2. Form 244 and 244gu Litigant Instructions for Publication

a. Top box addresses that Family Court now permits

publication on its Legal Notices Website via form 241

3. https://courts.delaware.gov/family/notices.aspx

iii. Clerk of the Court notarization

1. Any thought to issuing stamps to Clerk of the Court similar to

Notary that identifies their name and authority?

Discussed concern regarding possible forged signature of Clerk

of the Court when there is no notary stamp and the signatures is

not clear. Addie Assay will look into this issue and report back at

next meeting.

b. Any liaison announcements

i. The Court will be extending remote hearings as described in the January

email to the Section through April.

1. January email attached

Idelis Espino, Supervisor of Case Managers, can be contacted

regarding remote hearing information for Commissioner

hearings. [email protected].

Updated email addresses for Court submissions will be

circulated.

4. Previous Business

a. Contact Guidelines Committee

Committee has reached a consensus. The most recent update of the Contact

Guidelines will be circulated to Section prior to next meeting.

5. New Business and Announcements:

a. Legislation Subcommittee

i. If interested in joining please contact Leslie Spoltore

ii. MDT Legislation

Thank you to Mark Hudson from the CPAC legislative committee. The

process for accessing records from CAC can be cumbersome. This

began as an effort to specify as to what this process should look like.

The idea was to remove the CAC from the process to avoid subpoenas

for records. It is designed to address only civil cases. Past meetings this

section has been concerned with the length of time this process might

take. This legislation makes it clear that CAC will not accept subpoenas

for records and instead attorneys would need to file a motion and DOJ

would have opportunity to response. If the prima facie showing is made,

then order to CAC to issue records to Family Court for confidential

review. If based on confidential review the Court determines the

requirements are met, then the Court can permit access. Confidential

review is no defined. This might include option for attorney review at

Court constituting confidential review.

Mark Hudson, Deputy Child Advocate, has been working on the

legislation. Historically, the CAC viewed as custodian of records but not

owner of records. The DOJ is the owner of the records. This is a

process for obtaining the records.

Length of time of process: Is court willing to put time frames? Court is

not interested in placing statutory timelines for this process. Judges are

motivated to move these cases forward, so there is no concern by the

Court for the timeframe.

Relevance standard: Is this a trial standard or a discovery standard?

Court has no comment. This would be open to Court interpretation.

Section is interested in applying a discovery standard/Rule 26.

Best interest standard: Concerns that this could create a custody case

before a custody case, is this 722 standard, and other considerations?

This would likely be a liberal interpretation of the child’s best interest.

Section expressed interest in keeping ability to subpoena these records.

Any additional questions or concerns can be directed to Mark.

b. Family Court Rules Committee Update

c. Family Court Practice Guidelines Committee Update

d. Family Court Technology Committee Update

6. Calendar of Upcoming Events:

a. Next Section Meeting –Thursday, February 24, 2022 at 4:00 p.m. via Zoom

7. Food for Thought

a. Case Law Report

b. Cases of Interest

8. Adjournment

Minutes of the Family Law Section of the Delaware State Bar Association

February 24, 2022 via Zoom Videoconference

______________________________________________________________________________

1. Roll call of participants

a. Pattie Weir, Dana Reynolds, Megan McGovern, Carl Heckert, Kara Swasey,

Kathy Laffey, Addie Asay, Dean Betts, Bonnie Gladu, Tyler Waad, Jen

Mensinger, and Megan Walstrom

2. Good and Welfare

a. If anyone is looking for a paralegal to join their team, please contact Staci Harpell

and she can put you in touch with the paralegal

b. Megan Tagle has left Bayard. The new contact is Megan Green

([email protected]). Please now copy Megan Green in place of Megan

Tagle

3. Liaison Issues

a. Any liaison issues

i. Process and Service

1. Things getting lost and taking a long time to go out for service

2. Staff shortages remain

ii. Staff and other Judges are covering Judge Coonin’s office while he is out

iii. Staff shortages significant at Family Court

1. Best case, Court has 75% of staff on a daily basis

2. Court is moving resources to triage as needed

3. Timelines from prior to COVID no longer realistic; should be

advising Clients of Court’s short staff and to expect delays

iv. Be strategic when reaching out/following up with the Court

1. Recommend not copying several people as then wasted resources

multiple people looking into the same issue

b. Any liaison announcements

i. The Court will be extending remote hearings as described in the January

email to the Section through April.

ii. Are attorney’s experiencing delays with Client’s access to mental health

services?

1. YES

a. Long wait lists, difficult to get call backs, significant

therapist turn over, etc.

b. If additional experiences please contact Addie

2. Addie and Judge Ranji are reaching out to PBH

4. Previous Business

a. Contact Guidelines Committee

i. Review committee’s proposed contact guidelines

1. Holidays times – discussed making more overnights

2. Communication – discussed quad state, removing from

community, number of overnights

a. Options – seeking feedback from section:

i. Notification needed for every overnight outside of

the home

ii. Notification needed for more than one overnight

outside of the home

iii. Notification needed if overnight outside of a set

distance or parameter from the home(example mile

radius from home)

5. New Business and Announcements:

a. Legislation Subcommittee

i. If interested in joining please contact Leslie Spoltore

b. Family Court Rules Committee Update

c. Family Court Practice Guidelines Committee Update

d. Family Court Technology Committee Update

6. Calendar of Upcoming Events:

a. Next Section Meeting –Thursday, March 24, 2022 at 4:00 p.m. via Zoom

7. Food for Thought

a. Case Law Report

b. Cases of Interest

8. Adjournment

Minutes of the Family Law Section of the Delaware State Bar Association

March 24, 2022 via Zoom Videoconference

_____________________________________________________________________________

1. Roll call of participants

a. Judy Jones, Bonnie Gladu, Jen Mensinger, Leslie Spoltore, Julie Yeager, Megan

McGovern, Ashley Bickel, Michelle Skoranski, Tyler Waad, Megan Walstrom,

Dana Reynolds, Gretchen Knight, Janine Howard, Phyllis Scully, Kathy Laffy

2. Good and Welfare

a. Megan Tagle has left Bayard. The new contact is Megan Peronti

([email protected]). Please now copy Megan Peronti in place of Megan

Tagle

b. New assistant for Leslie Spoltore - Michelle Abraham

([email protected])

c. Erin K. Bringola

i. As of March 25, 2022 Erin will no longer be with CooperLevenson, PA.

Starting 4/4/22 she will be with Gellert, Scali, Busenkell & Brown, LLC

(1201 N. Orange Street, Suite 300, Wilmington, DE 19806). Her new

email address is [email protected]

1. If there are any urgent messages in the week between 3/25/22 and

4/4/22 please send those to Cooper Levenson, PA.

3. Liaison Issues

a. Any liaison issues

i. Family Court Website chat feature – used it this week, worked well, easy

to get case information, petition numbers, and status

ii. Call center advised they are still processing petitions from February

iii. TPR – not getting order for social report; social report only went to

Judge’s office in Kent Co. not advised went there and atty did not receive

a copy

iv. Service issues – affidavit of unknown address and asking for publication

made into word documents, affidavit and request to publish in newspaper

(changes to advise do know address but not being served) accepted in

Kent Co.

v. Legal Notices – website seems to be working well

vi. Volunteer attorney for resource center – need assistance, please offer to

help if can

1. DVLS offers malpractice insurance

2. Contact David Brezenski- [email protected]

vii. Parent coordinators – prior certification process, Judges might be ordering

it, anyone still certified

1. Rachel Brandenburg, Kathy Laffey, Tim Hitchens

2. 5 day (16 hour training) AFCC website

3. Some doing it through mediation

4. Previous Business

a. Contact Guidelines Committee

i. Paragraph 11 – must be a parent picking up unless other parent agrees

ii. Paragraph 12 – delivery to school is this the appropriate place

iii. Paragraph 10 – communication – consider adding language that parent not

interfere with custodial parent’s time; concerns regarding disclosing travel

plans and contact information

iv. Paragraph 6 – late pick up – reasonable efforts to exchange at the next

possible time, put onus on person that misses the visitation

5. New Business and Announcements:

a. Legislation Subcommittee

i. HB 264. The Bill proposes a new process through which victims of sexual

assault can obtain a civil no contact order through Superior Court.

1. Concern regarding how affects juveniles

2. If anyone who has comments or who wants to be on the review

committee please contact Leslie Spoltore

ii. MDT Legislation

1. Line 68-69, and 75-78 changed

a. Line 68-69 - Standard – relevant “under the Court rules

regarding discover”

b. Line 75 – service of the motion – DOJ clarified who in the

DOJ to send it to SVU in county in which action pending

2. Does section want to support or oppose; expected we are now at

final draft

iii. PFA Statute - anticipated changes to clean up statue grammatically also

looking to add provision to PFA statute to address coercive financial

control

1. Still waiting for final approval before will be circulated to section

6. Calendar of Upcoming Events:

a. Next Section Meeting –Thursday, April 28, 2022 at 4:00 p.m. via Zoom

7. Food for Thought

a. Case Law Report

b. Cases of Interest

8. Adjournment

Minutes of the Family Law Section of the Delaware State Bar Association

April 28, 2022 via Zoom Videoconference

______________________________________________________________________________

1. Roll call of participants

a. Pattie Weir, Leslie Spoltore, Staci Harpell, Addie Assay, Janine Howard-

O’Rangers, Gretchen Knight, Tyler Waad, Bonnie Copeland, Paulette Sullivan

Moore, Vernon Vassallo, Alyssa Kelly, Bonnie Gladu, Curtis Bounds, Megan

Walstrom, Megan McGovern, Erin Bringola

2. Good and Welfare

a. The DSBA Law Day 2022 luncheon is May 2 at noon. The speaker is Kermit

Roosevelt III and the awards will be presented to the DE-LAP professional

support team, Maria Paris Newill, and Tracy Walls-Pulling (Judge Carpenter's

secretary).

i. To register, go to www.DSBA.org

b. Judge Kerr advised that she likes to have emailed courtesy copies of anything

filed, particular responses to motions. “Its really slow and if we don’t have

courtesy copies of responses we don’t know they are filed sometimes for a few

days.”

3. Liaison Issues

a. Any liaison issues

i. Pet. for Divorce filed, respondent served and no Answer filed, filed

affidavit to finalize, immediately realized not filed parent education

certificate, Client out of town course not completed, completed but

received certificate to file same day as received final decree of divorce

1. Is there a concern now that divorce can be overturned?

2. 1507(h) in any case living children up to 17 Court shall Order that

the parties pay for and participate in a parent education course . . .

3. Curtis briefed – Supreme Court case

a. Condition antecedent – Roberts v Roberts

i. Distinguishable b/c FC did not err by final decree as

Father completed general course but not DV

component, but Father never found to be DV

necessary

ii. Service of process for PFAs

1. Court must transmit Petition to the Respondent

2. Concern notice in newspaper is not transmitting the Petition

iii. Custodial parent refusing to follow visitation order – police will not get

involved, concern lack of processing will be months before addressed in

Court

1. Interference of custody – sever case with DAG involvement

b. Any liaison announcements

i. Updated Family Court Contact List

4. Previous Business

a. Contact Guidelines Committee

i. Most recent version to be circulated to the section

5. New Business and Announcements:

a. Legislation Subcommittee

i. Protection from Abuse – Economic and Financial Abuse

1. Proposed changes to PFA Statute to address economic and

financial abuse

2. Not yet introduced

3. Line 20 – was the intention that we are to prove coercion under

title 11?

a. Two part proof (coercion and interference)

b. Coercion proof intended to protect overreach

c. No patter required – could be one-off incident

4. If further comments or questions, please direct to Janine Howard

O’Rangers

ii. Enforcement of Family Court Custody Orders

1. Purpose to address DOJ did not feel authority to enter private

property to enforce orders

2. Consulted chief of police on legislation

3. Idea is that Family Court order would specify – request assistance

of law enforcement

a. If included Family Court would provide Order to law

enforcement directly

b. Addressing large concern in DFS matters

4. Likely to be standard language in DFS orders

5. Optional for Judges to issue in custody matters if feel case rises to

that level

a. Concern from section would this be after a finding is made

i. Pros and cons

ii. Concern if not exercising order for children’s best

interest (example parent under influence of drugs or

alcohol) – typically would have contempt action

and could cure contempt through proof as to why

violated and judge determine if valid reason

b. Not anticipated to be common language for custody

c. Concern is included in private custody matters, like

stipulations between parties

iii. MDT Legislation

1. CPAC meeting next week to take to full committee

2. If any additional comments please advise Leslie asap

3. Section taking no formal position

iv. HB 264

1. The Bill proposes a new process through which victims of sexual

assault can obtain a civil no contact order through Superior Court.

2. Should jurisdiction be bifurcated between Superior and Family

Court?

3. Concern if respondent is a minor

a. If Respondent is a minor jurisdiction in Family Court

b. If Respondent is an adult jurisdiction in Superior Court

4. Concern if victim is a minor

a. Would Family Court be better suited to address?

5. Question as to number of petitions anticipated – how would this

burden Family Court?

6. Paulette Sullivan Moore has upcoming meeting with sponsors or

bill to address concern

7. Section to address HB 264 again at May Section meeting

v. HB 314

1. Juvenile delinquency

6. Calendar of Upcoming Events:

a. Next Section Meeting –Thursday, May 26, 2022 at 4:00 p.m. via Zoom

7. Adjournment