76 Search Results for "Family Court"

April 2, 2015 at 6:58 pm

WV Senate Bill 430 – The Law That No One Heard Of

...chapter fifty-one of this code. CHAPTER 51. COURTS IN GENERAL. ARTICLE 2A. FAMILY COURTS. 51-2A-2a. Family court jurisdiction to restrict contact between parties. (a) A family court in its discretion may, at any time during the pendency of any action prosecuted under chapter forty-eight of this code, restrict contact between the parties thereto without a finding of domestic violence under article twenty-seven of said chapter. This order shall not...

November 18, 2017 at 8:19 pm

Mediation Food for Thought

...e a lawyer, she or he should be experienced in mediation negotiation. Many family courts refer litigants to a family court mediator. Mediation is a process which permits the parties, with the help of a facilitator or “mediator”, to address the issues which separate them, and to resolve the issues by themselves. Mediators are often, but not always, an experienced family law attorney. You should specify whether you prefer that your mediator be a law...

November 20, 2012 at 4:30 pm

2012 Seminars Attended to Date

...VIOLENCE 2012-11-16 GABRIELLE DAVIS MORGANTOWN DUTIES OF GAL TRAINING FOR FAMILY COURT & CHILD ABUSE/NEGLECT GAL THE DUTIES OF CPS & GAL TO FAMILY COURT 2012-11-16 LORI JACKSON, TOBY LESTER, JOYCE YEDLOSKY, COLIN CLINE MORGANTOWN TAKING CARE OF YOURSELF TRAINING FOR FAMILY COURT & CHILD ABUSE/NEGLECT GAL TAKING CARE OF YOURSELF 2012-11-16 PEPPER ARROWOOD, RUSSEL S. COOK, COLIN CLINE MORGANTOWN OLDER YOUTH TRAINING FOR FAMILY COURT & CHILD ABUSE/N...

August 20, 2012 at 8:48 pm

Domestic Violence and Family Court

...court abuse and neglect is that almost everyone abuses. The assumption in family court is usually parents are fit. The assumption in DV court, presided over by the family court is if you have certain things such as bruises, a trip to the emergency room, or witnesses, there was abuse. If not, there probably wasn’t. The long suffering abuse victim, the one who was afraid or to humiliated to come forward is at a great disadvantage. The court just ca...

February 14, 2016 at 9:53 pm

The Maze of WV Child Custody Issues – Just Dropping Crumbs Won’t Get You Out

...n” with circuit courts, and circuit courts are the appellate court for the family courts. Got it? Family court, among other things, hears the domestic violence cases that start in magistrate court. These are “restraining order” cases that activate The Federal Gun Control Act and last from 90 to 365 days. During that period, the respondent may not possess a firearm. These cases are not criminal cases, but violations of DV orders CAN result in incar...

December 1, 2017 at 10:20 pm

Family Court Mediation Streamlined – Some Ideas

...  III Revised Rules of Family Court Mediation These rules supersede former Family Court Rules 38 through 46. Whereas, family courts are becoming clogged, and our juvenile abuse and neglect system is becoming overburdened. Whereas family court litigants are suffering problems with access to justice and speedy trial. Whereas, the former mediation rules were restrictive, unduly pessimistic, and costly to administrate. Whereas, “the adversary system”...

November 24, 2012 at 10:34 pm

Children, Guardians Ad Litem, The Law, and Society

...ost of their time in juvenile court understand the issues and standards of family court. 7. There are some family court lawyers who accept Juvenile court appointments, but the very strict time constraints in juvenile court make it hard to practice in both courts. And, the court appointed nature of guardian ad litem work means that lawyers acting as guardians ad litem must be willing to work for less that $100/mo., something someone like me, with f...

September 25, 2018 at 11:51 am

A CONUNDRUM FOR FAMILY COURTS: WHAT TOOL FOR WHAT PROBLEMS? #1

...n that I can help answer, regarding a statute, WV Code Sec. 51-2A-2a, The “Family Court Jurisdiction To Restrict Contact Between Parties.” Act. The issue was presented by a family court judge who knew of the statute but felt she cannot use in in a domestic violence case unless there is also before her a related family law case, divorce, allocation, modification, or contempt. Here I make the case that she can enter the order even where the litigant...

April 5, 2011 at 10:25 pm

Dear Honorable (Family Court) Judges

...mediate and solve such issues. They are “children’s issues”. n. I realize family courts are statutory, and I notice family court judges can have an inferiority complex or visible resentment about that fact, but I cannot agree with a judge who would not require counsel to take all issues to mediation and dare the attorney to take that issue up on appeal. What competent lawyer would appeal such a sound ruling? o. I note that one or more of you actu...

May 4, 2016 at 10:37 pm

Is It Time to Revise Mediation in WV?

...awfirm.net/mediation-collegiality-and-professionalism/ . The limitation of family court mediation to “children’s issues” was a terrible mistake. It led to some terrible deals and inhibited the implementation of mediation in family court and of lawyers’ participation in the mediation process. Mediation should be for “children’s issues”, property division, debt division, alimony, everything. Special challenges when domestic violence and substance an...