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Family Law
Court Notes...Information from Dept. 32
for Attorneys Practicing Family Law
For several years the court has been
preparing
Orders After Hearing in custody cases
involving
two pro per litigants and CLETS orders
for
all cases. We are attempting to expand
the
custody orders that we prepare to include
cases involving attorneys as well.
The clerks
are now ready to prepare stipulated
custody
orders for attorneys. Therefore, prior
to
reciting a stipulation in open court,
please
obtain a form from the bailiff and
set forth
all of the provisions of the stipulation
on the form. The clerk will use the
form
to prepare your order within an hour
in most
cases.
Local Rule of Court 7-103 requires
that parties
meet and confer prior to mediation.
The rule
is very specific that if a complete
settlement
is not possible, all issues should
at least
be discussed including vacation and
holiday
schedules. It is a rare case in which
at
least the holidays can't be resolved
regardless
of which parent receives primary custody.
With that in mind, all counsel are
expected
to resolve as many issues as possible
before
requesting mediation services. In most
cases
the court will now be inquiring as
to what
issues have not been resolved and what
the
other parties' position is regarding
the
areas in conflict. Counsel not prepared
to
respond to those questions have not
satisfactorily
met and conferred. Meet and confer
should
take place prior to court and not at
the
time the case is called.
It is extremely helpful to have pleadings
which set forth the precise parenting
plan,
including holidays and vacations, that
your
client would like. This information
is invaluable
in resolving cases prior to court and
is
essential for the mediators and the
commissioner
to have at the time of the hearing.
Bare
declarations which essentially say
"I
want custody" without more scheduling
information are useless. The court
will be
looking to the extent of the proposals
in
the pleadings in making orders for
attorneys
fees.
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