Dallas Volunteer Attorney Program and DBA Family Law Section

2011 Family Law “Nuts and Bolts” Video CLE, Belo Mansion

Wednesday, February 22, 2011 – “BASICS AND BEYOND”

“Boot Camp Basics”

8:45 – 9:30a.m.REGISTRATION

9:30 – 9:32a.m.Welcome: Elaine Mosher

Moderator: AssociateJudge Drew Ten Eyck

9:32 – 9:44a.m.Introduction to DVAP and process for retaining cases

Speakers: Katherine Saldana and Kristen Salas

A. Processing a DVAP case

B. Conflict Panel (Ad Litems)

C. Brief client profile

D. Affidavit of Inability to Pay Costs

E.Domestic Violence Issues

9:44 – 10:09a.m.*Client Interview

Speaker: Pat Keane

  1. Analysis of Interview and Best Practice Tips
  2. Create a checklist
  3. Other supporting documents

10:09 – 10:30a.m. Requirements of Pleadings and Supporting Documents

Speaker: Chuck Miller

10:30– 10:35 a.m.Break

10:35– 11:05a.m.Jurisdiction and Prior Orders

Speaker: AssociateJudge Scott Beauchamp

  1. In Personam Jurisdiction vis a vis In Rem Jurisdiction
  2. Court of Continuing and Exclusive Jurisdiction
  3. Transfers & Consolidation of Prior Orders

11:05– 11:18p.m.Service Issues

Speaker: Elaine Mosher

  1. Issuance of Citation and return of service
  2. Substituted Service
  3. Respondent incarcerated; Respondent out-of-state
  4. Proper execution and filing of Waiver
  5. Publication

11:18– 11:45 p.m.*Practicing to Avoid Grievances – Basic Ethics for DVAP lawyers

Speaker: Lynn Davis Ward

11:45– 11:55 a.m.Break

11:55 – 12:19 p.m.Temporary Orders

Speaker: David Carlock

12:19 – 12:30 p.m.*Mock Prove-Up/Role Play

Speakers: Kathleen Turton, Peggy Pasquini, AssociateJudge Drew Ten Eyck

“Beyond The Basics”

12:30 – 12:32 p.m. Welcome: Blaise Gormley

Moderator: Judge Aurora Madrigal

12:32 – 12:52p.m.*Conservatorship and Access

Speaker: Marilea Lewis

  1. *If asked for Sole MC, ensure that the request is supported by pleadings. Most likely situation necessary for Sole MC is family violence, child abuse or neglect, drug abuse, sexual offense, and mental and/or emotional incapacity.
  2. “Presumption in favor of Joint MC and of Standard Possession Order”
  3. No Standard Possession Order until child is age 3, but becomes automatic by statute at age 3 in absence of Court Order to contrary
  4. “Custom Fit Your Possession Orders” – John E. Van Ness and David Arrington, Houston
  5. No JMC if a pattern of family violence within the preceding 2 years of entry of orders, or if Protective Order in effect. NOTE: If Protective Order expires while batterer is incarcerated, Order is automatically extended for 1 year from date of release from incarceration. NOTE: Practice Tip – obtain Order extending Protective Order for it to be enforced by police.
  6. Geographical Restrictions –different courts have different geographical restrictions on primary residence of child
  7. NOTE: Re Standard Possession Order – Standard Possession Order applies only in absence of a contrary agreement (ref. access) between the parties. No requirement that such contrary agreement be in writing. If geographical restriction applies, a written agreement between parties filed with the court is required in absence of a court order changing conditions precedent to such restrictions being met.

12:52– 1:14p.m.*Child Support

Speaker: Sean Cook

  1. Guidelines and multiple households
  2. Modification of prior orders
  3. Notification of AG-if prior order is through the AG, you must treat AG as a Party (i.e., notice & copy of pleadings, etc.)
  4. Calculating arrearages-to be determined by the AG who must sign off on final orders
  5. Termination of support-Mandatory incremental decreases as children are no longer eligible for support
  6. Continuing support for disabled children past age 18
  7. Wage Withholding Order-client’s responsibility to forward Order to employer, keep up with changes in employment and obtain updated Order
  8. Estate-provide for support to be binding on the estate of Payor
  9. Remarriage-if parties previously married to each other, child support orders from previous divorce become void upon remarriage
  10. Child Support-What do Judges do in various counties? Above & below the Guidelines, the high income earners, death of the obligor

1:14 – 1:24 p.m.*Health Insurance & Medical Support

Speaker: Sean Cook

1:24 – 1:51 p.m.*Paternity & Non Paternity

Speaker: Ken Fuller

  1. Children born prior to marriage of parents
  2. Children born during marriage but not of the marriage
  3. *Claims of non-paternity. Note: Cover effect of Paternity Registry Statute and Statute of Limitations
  4. Acknowledgment of Paternity Affidavit – need H & W and 3rd party to sign, etc.

1:51 – 1:56 p.m.Break

1:56 – 2:13 p.m.Legislative Update

Speaker: Jeff Coen

2:13 – 2:28 p.m.Mediation and Social Studies

Speaker: Alfredo Tamez

2:28 – 3:27 p.m.Judicial Panel

Family District Court Judges: Judge Lori Hockett, Judge David Lopez, Judge James Martin, Associate Judge Johnese White Howard, Associate Judge Gracie Olvera

Moderator:Blaise Gormley

3:27 – 3:45 p.m.Common Mistakes DVAP Attorneys Make and How to Avoid Them

“LIVE”Speaker: Katherine Saldana

3:45– 3:50p.m.Questions & Answers

“LIVE”Speaker: Katherine Saldana

3:50 p.m. ADJOURNMENT

CLE Credit: 6 hrs, 2hrs Ethics

*Denotes Ethics