This 2006 book provides a fully annotated discussion of the ethical universe surrounding state-mandated and private legal disputes involving the custody and best interest of children. It surveys thousands of court cases, statutes, state bar ethics codes, Attorney General opinions and model codes regarding ethical constraints in family and dependency proceedings. The book not only analyzes ethical rules in terms of the chronology of these proceedings, it also surveys those principles for each of the primary participants - children's counsel, parents' counsel, government attorneys and judges. The book contains chapters on pre-hearing alternative dispute resolution, motion and trial practice, appellate procedures and separation of powers. Finally, the book provides a complete child abuse case file with a comprehensive analysis of the inherent ethical issues.
This 2006 book provides a fully annotated discussion of the ethical universe surrounding state-mandated and private legal disputes involving the custody and best interest of children. It surveys thousands of court cases, statutes, state bar ethics codes, Attorney General opinions and model codes regarding ethical constraints in family and dependency proceedings. The book not only analyzes ethical rules in terms of the chronology of these proceedings, it also surveys those principles for each of the primary participants - children's counsel, parents' counsel, government attorneys and judges. The book contains chapters on pre-hearing alternative dispute resolution, motion and trial practice, appellate procedures and separation of powers. Finally, the book provides a complete child abuse case file with a comprehensive analysis of the inherent ethical issues.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Representing Children in Dependency and Family Court: Beyond the Law is a unique family law resource that focuses on the real-world issues that are central for working with child clients in dependency and family court settings. The authors - a board-certified psychologist who has worked with children since the mid-1980s, and an attorney who almost exclusively represents children in dependency court matters - recognize that professionals who represent children in these settings must understand all aspects of the case: the children themselves, the system in which they are engaged, the services available to them, the schools they attend, their ethnic and cultural issues, their special needs, the legal issues they face outside of family and juvenile courts, and more. In addition, lawyers need to take into account the diverse issues faced by the parents with whom they live. While some children's representatives work exclusively in this area and want to delve more deeply into the issues of family dynamics examined in this book, this is also a useful resource for those who work with children's cases less frequently or are just beginning in the area and have had limited or no exposure to these issues. This clearly written and logical guide is an informed resource accessible to professionals at any level of experience. Authors Rebecca M. Stahl, JD, LLM, and Philip M. Stahl, Ph.D., bring their extensive knowledge and practical experience to discuss in depth these issues as more: - Conceptual approaches to the role of the children's representative, and well as intriguing thoughts about how this can evolve in the future- Explanations of the critical psychological issues involved, including trauma, child development, domestic violence, high-conflict separation and divorce, alienated or resistant children, and other special circumstances- Consideration of the professional responsibilities raised in these cases, including ethical issues in representing children, risks of bias in the work, and recognizing the emotional, physical, and professional toll involved
Essential reading if you are currently involved in custody cases or are considering work in the family law arena. Also a valuable resource for judges and attorneys who must evaluate the extent to which testimony by mental health practitioners is ethical, appropriate, and consistent with accepted practice standards.The author, a psychologist and attorney, uses his unique perspective to delineate standards for practice when providing services to children and families where there are custody disputes.Ethical issues, legal risks, and appropriate safeguards for providing services in child custody cases are described. Core areas for custody evaluations are defined, including: child development, family relations, parenting skills, psychopathology, family systems and dysfunction, and the ruling-out of child abuse. The importance of clarifying professional roles and functions is stressed. Specialized intervention and assessment strategies are presented as well as management issues, legal concerns, and guidelines for testimony. Also includes over 100 valuable summary guidelines and cautions.
This book presents the latest data-based approaches to understanding and assessing relevant child, parent and family factors in child custody evaluation.
"Contemporary Issues in Family Law and Mental Health is an original and practical discussion of cutting-edge issues in family relations and the law. Through the prism of family law, and custody disputes in particular, it discusses the basic principles that underlie the proper use of mental health evidence in court and it sets out the proper use of mental health evidence in litigation. In this book of twenty chapters, Michael G. Brock and Samuel Saks discuss many important topics: Facilitative and evaluative mediation, case preparation versus the expert witness, the privilege and ethics of forensic practice, therapy court, valid and invalid scientific evidence, false allegations of abuse, parental alienation, child advocacy, mental health forensics, and child therapy. In addition, the effect of the amendment to the Michigan Rule of Evidence 703 on expert testimony in court is examined, as well as the forensic interviewing protocol in child abuse cases, science and technology, and the search for truth. In several chapters, the authors also describe the problems involved in establishing child abuse in the courts. The book also includes the elements of child custody evaluations, the use of the polygraph test, and when child abuse constitutes malpractice. This engaging book will enrich the literature on family law and mental health. It will help shed light on the challenges and pitfalls that surround the use of mental health evidence in court."--BOOK JACKET.
This casebook emphasizes doctrine, policy, and practice. It presents three central themes: the interrelated rights and obligations of children, parents, and government; ways the legal system assesses and uses children's competence to shape regulation; and the role of the child's lawyer. Volume covers several relevant international law issues, including the UN Convention on the Rights of the Child, international child labor, and U.S. tobacco exports to children overseas. The authors have devoted entire chapters to the representation of children, the meaning of "parent," abuse and neglect, the foster care system, adoption, medical decision-making, support and other financial responsibilities, protective legislation, and delinquency.
