Last Thursday, Stephanie and Dan traveled to Richmond to attend the 28th Annual Advanced Family Law Seminar: Pawns in the Game – Protecting Children’s Best Interests in Custody Litigation. The CLE examined high conflict custody cases, focusing on the use of scientific evidence and expert witness testimony. Providing practical insight into these cases, Dr. Maggie Bruck walked participants through a mock direct examination to qualify an expert witness seeking to testify about the credibility of abuse reported by a child. The CLE also featured a helpful overview of the CPS process and how to navigate the investigation process and the administrative and state levels of abuse and neglect prosecution. For the panel discussion, Judges Randall Blow (Virginia Beach JDR), Burke McCahill (Loudoun Circuit Court), and Frederick Rockwell, III (Chesterfield Circuit Court) provided their insight to practitioners on a wide range of custody topics, including presenting child witnesses in court, the impact of CPS determinations on their best interests analysis, and the use of parenting coordinators and GALs in high conflict custody cases.
In discussing the legislative and case updates, both Edward Barnes and Larry Diehl discussed the recent ruling that permits a parent to use a Qualified Domestic Relations Order to collect child support arrears. Other notable developments include the requirement to include a revocation of death benefits notice in all Final Decrees of Divorce beginning July 1, 2012 and the ability to use of Affidavits in no-fault divorces.
The CLE concluded with Dan’s creative and entertaining discussion of ethics issues, including the potential ethical traps associated with interviewing child witnesses and the spoliation of evidence. Dan’s presentation prompted a lively discussion among participants regarding whether it is necessary to obtain permission from the GAL representing the child prior to conducting a meeting with the child and the best ways to communicate with an unrepresented party about a Waiver form in no fault divorces.