| Visitation v. Relocation
Addressing the Conflict of Competing Family Values
Please Note: This course has already
been held.
Date: Thursday, October 09, 2003
Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 04:00 PM - 08:00 PM
Faculty
Schedule/Agenda
Registration Information
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Purchase Here! |
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The conflict between visitation rights of one parent and the desire of the primary-care parent to relocate has become a significant post-divorce problem for the courts. When the primary-care parent decides to relocate out of the state (or at least some substantial geographical distance) to claim better opportunities elsewhere, the other parent will often seek to prevent the move, claiming interference with his/her ability to have regular and continuing companionship with the children. It is often impossible to find a middle ground between these claims, and in the end the courts will have to resolve the matter by giving primacy to one claim over the other. Visitation v. Relocation explores current legal trends and common factual issues involved in the resolution of relocation cases. Panels of experienced family lawyers and judges will discuss the practical ramifications of a parent's insistence on leaving the area where the other parent lives.
Who Should Attend:
Given the fact that our courts are facing a growing docket of these cases, domestic relations lawyers should attend this program. It will provide insight and practical tips in addressing the overlapping relocation and visitation issues. You will learn how to present or defend a relocation case, including the role of the guardian ad litem, the use of expert witnesses, and the potential use of virtual visitation technologies. You will also learn what judges consider important in the litigation of these cases. Experienced lawyers, who have handled such cases, will profit from new insights and current trends in judicial thinking. Lawyers with less experience will find the panelists' opinions useful and be able to utilize their guidance to put a relocation case together
Attend and Learn:
- What kind of evidence and types of witnesses do you need?
- If there is joint physical custody, can you remove a child?
- How will the national trend on resolving these cases impact Mass. and Rhode Island cases?
- What can be done if there are limited funds or resources?
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David E. Cherny, Esq.
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Atwood & Cherny, Boston, MA |
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Professor Charles P. Kindregan, Jr., Chair
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Suffolk University Law School, Boston, MA |
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Monroe L. Inker
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White, Inker, Aronson, P.C., Boston, MA |
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Regina M. Hurley
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Deutsch Williams Brooks DeRensis & Holland, PC, Boston, MA |
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Howard I. Lipsey
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Associate Justice, Rhode Island Family Court, Providence, RI |
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William F. McSweeny, III
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Associate Justice, Probate & Family Court, Middlesex |
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Honorable E. Chouteau Merrill
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Probate & Family Court |
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Peter Sangiovanni, Jr.
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Warwick, RI |
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| S C H E D U L E / A G E N D A |
| 4:00 |
Current Trends in the Law Governing Post-divorce Relocation of a Parent |
Professor Charles P. Kindregan, Jr.
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| 4:20 |
Presenting and Defending the Relocation Case: The Lawyer's Dilemma |
- Elements of the proof or denial of a "real advantage" or "best interest of the child" to justify or rebut relocation
- Understanding the proper role of the guardian ad litem and other expert and fact evidence in a relocation case
- Are there experts in relocation?
- Analyzing the significance of the reason for relocating
- Handling the virtual visitation options in a relocation case
- Dealing with the joint legal and physical custody issue
- Is it useful to advance constitutional arguments in a relocation case?
David E. Cherny, Esq., Regina M. Hurley, Esq., Monroe L. Inker, Esq., and Peter Sangiovanni, Jr., Esq.
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| 6:15 |
Deciding the Case: What Judges Consider in a Relocation Case |
- What the should the judge expect from the GAL report?
- What evidence does a judge need to decide a relocation case?
- Should a judge apply a presumption in favor of or against relocation?
- Should the judge allow a temporary order for relocation while the matter is pending?
- How much weight should be given to constitutional arguments regarding the right to travel, due process or parental privacy?
- When is a change of custody appropriate?
- Will the proposed UCCJEA affect the law in this area?
Hon. Howard I. Lipsey, Hon. William F. McSweeny III, Hon. Chouteau E. Merrill and Hon. Susan D. Ricci
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| Date: |
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Thursday, October 09, 2003 |
| Tuition: |
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Tuition is $159; $129 for attorneys admitted to the Bar after 2000. Course book and refreshments included in the tuition charge. A limited number of partial scholarships are available. Please submit a written request via fax 617-305-3099.
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| Walk-Ins: |
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Space is limited. Registrations at the door are welcome, but please register in advance to reserve a seat and your written course materials or call to confirm space availability.
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| Refunds: |
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Written requests for cancellations received via fax or email 24 hours prior to the program will be granted a refund, minus a $15 charge. If you cannot attend, you can send a substitute, otherwise you will receive the written course materials.
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| Location: |
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Suffolk University Law School, 120 Tremont St., Boston, MA
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| Credit: |
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Approved for CLE Credit in NY, RI, NH, VT & ME. This program has been approved by the Probate and Family Court Department to provide 4 hours of GAL credit for Categories F & G.
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Special
Needs: |
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If you have special needs addressed by the Americans with Disabilities Act, please notify us as soon as possible.
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Directions to the Law School.
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Unable to attend but are interested in the course materials?
Purchase Here! |
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