...plan where the true winners are your children. I have a trained civil and family court mediator, and I have represented hundreds of people in successful mediation. What is Mediation and Alternate Dispute Resolution Anyway? Mediation is part of a subject known as “alternate dispute resolution”; you probably have heard of arbitration, especially in professional sports and labor disputes. Arbitration is something “big business” and “big insurance” t...
...Supreme Court had made a ruling which, in effect, said that West Virginia family courts could not maintain order and restrain outrageous behavior unless it rose to the level of domestic violence. It was a terrible ruling, but we fixed it! Here is the story of that bill: WV Senate Bill 430 – The Law That No One Heard Of – Attorney J. Burton Hunter III : Attorney J. Burton Hunter III (hunterlawfirm.net) Against long odds, that bill passed from each...
...decision making for married and unmarried parents. The appellate Court for Family Court, which also “shares jurisdiction”, is the County Circuit Court which is the Court of general jurisdiction in the State. Custody cases between unmarried people, formerly “paternity suits”, are now “petitions for allocation of parental rights”. Custody cases between married people are part of the divorce process. Technically, we really aren’t supposed to be using...
...c counselors are. l. Where does she start? She doesn’t even know there ARE Family Court Rule or Rules of Civil Procedure, or Rule of Evidence! 23. Note to my misguided colleague: I now represent several of these sad young women, who were told “by someone”, “the man now gets 50%.” One agreed to 50%/50%, but, in one year, he took the child for just 9 overnight stays and paid no child support! Think the mediator protected her? Think again! The mediat...
...a parenting plan agreement.”, even though I believe it is required by our Family Court Rules. An experienced colleague told me, “I never put mediation into my parent plan agreements. That should be up to the parties.” And a family court judge who I respect, former excellent mediator, ruled that “the mediation provision of a court-ordered parenting plan” is a “suggestion only”. What?! A “shall” order is only “a suggestion”?? A “stealth” custody la...
...nistration of justice in family law cases in WV. WV Code 51-2A-2a, permits family courts, among other things, issue a “standing order” requiring divorcing parties to behave themselves (on Facebook, while texting, on the phone, while being near the other party’s place of employment, and otherwise), so I have decided to take a stab at a good “standing order”. Most judges issue a standing order requiring parties not to sell any assets, to attend divo...
...ollow up with the witness to get it proofed, corrected, and signed. c. The Family Court Rules. Judges apply these rules differently, but even a self represented party is supposed to know the rather complex rules that determine procedures for practice in family court. d. Appellate Rules. We appeal cases, from family court, to circuit court, and to the WV Supreme Court of Appeals. Magistrate Appeals also go to the Circuit court. Missing a deadline b...
...a group of WV family law lawyers this week-end. It was a thrill to meet a family court judge who “got” the Family Law Protection Order Law (WV Code 5-2A-2a), that I collaborated on with Thomas O’Neill and Senator Charles Trump and others. He says that he issues such orders as part of his initial “standing order” and in appropriate cases during the proceedings. https://hunterlawfirm.net/the-wv-senate-bill-430-now-a-law-that-no-one-heard-of/ I was...
