Meri Anne
Stowe - Chairperson, Family Law Section
As the various committee
reports below indicate, this has been a productive and innovative year
for the Family Law Section. Besides the standing committees, ad hoc
committees were appointed to consider various issues, including the
long-standing Family Law Council tradition of holding its meetings on
Saturdays, the Michigan Child Support Formula concept of shared economic
responsibility, and court reorganization. The Alternative Dispute Resolution
Committee is undertaking a project which will devise domestic relations
mediation training under the guidelines established by the State Court
Administrator's Office.
Family Law Section
seminars have been outstanding, with excellent attendance. The council
has taken positions on numerous legislative initiatives and has been
successful in lobbying the state legislature to be mindful of the interests
of Family Law Section practitioners. The Michigan Family Law Journal
continues its reputation as an outstanding publication, under the auspices
of Norman Robbins, Editor, and Scott Bassett, Associate Editor. A stellar
group of judges, attorneys, referees, and Friend of the Court personnel
assembled in Ann Arbor in April for the Third Annual Family Court Forum.
At the request of the Michigan Supreme Court, the Family Law Section
submitted an amicus brief in the matter of Malloy v Malloy.
These are just a
few of the many activities undertaken by Family Law Section council
members who selflessly volunteer their time and talents to a myriad
of issues and projects which concern family law practitioners in Michigan.
Adoption Committee
Report
John F. Mills - Chair
The Adoption Committee
consists of a small group of hard-working adoption professionals dedicated
to the fulfillment of family goals and values through utilization of
the adoption process. The committee met as needed this past year to
review and respond to proposed legislation seeking to amend the Adoption
Code. The chair testified before a State House committee in opposition
to a package of legislation seeking to enhance the custodial rights
of putative fathers under certain circumstances. The legislation is
still pending in the Senate. The committee also proposed legislation
seeking to expand the use of temporary placements to cover non-Michigan
residents. That legislation is expected to be introduced this legislative
session.
Alimony Guidelines
Committee
Jack Keiser and David Sarnacki - Co-Chairs
The Alimony Guidelines
Committee met on January 5, 2002, in Lansing. The committee reviewed
the two existing Alimony Guidelines Programs and concluded that it should
continue to recommend the Alimony Guidelines Program of Craig Ross.
At the council meeting later the same morning, the committee was directed
to revisit its position after receiving the 2002 updated guidelines
from Craig Ross. Those guidelines have recently been received and the
committee is in the process of carrying out the council's directive.
Alternative Dispute
Resolution Committee
Fred Morganroth
- Chair
The Alternate Dispute
Resolution Committee, on behalf of the Family Law Section, sponsored
legislation for matrimonial arbitration which was passed into law. The
committee actively worked to clarify issues presented by the new law,
including a seminar for the Family Law Section, educating parties who
seek to be arbitrators or who wish to use the arbitration process.
At this time, the
ADR Committee has been assigned the task of obtaining approval from
the Supreme Court Administrative office to provide forty hour mandatory
training for mediation under Court Rule 3.216.
It is hoped that
approval will be obtained from SCAO in the near future in order to admit
the undertaking of said training.
Amicus Committee
Karen Sendelbach - Chair
The Amicus Committee
had a productive and rewarding year. We are pleased to report that the
Michigan Supreme Court, sua sponte, requested an amicus brief from the
section in the case of Molloy v Molloy. The request appears to
be a reflection of the benefit the Court has derived from our briefs
in the past, and we are quite proud of the reputation these have earned.
The section did submit the requested amicus brief in this matter, and
the court ordered the result which we had recommended. We are continuing
to receive inquiries about the briefs from section members, and our
procedural rules have been well received by the Bar.
CLE Committee
Judith A. O'Donnell - Chair
CLE has a very productive
year with eight seminars held or planned in the 2001-2002 season. To
date, four seminars were presented in Oakland County, and a mid-winter
seminar in Mexico. The Oakland County seminars were attended by approximately
250 attorneys and the materials from the seminars were distributed to
an additional fifty-plus attorneys.
The seminar on child
abduction and immigration issues in domestic relations matters was unique.
The seminar was well attended by both legal aid attorneys and judges.
It has filled a real need in the community and made a valuable contribution
towards equal "access to justice," by educating the attorneys
who serve the neediest in our community regarding issues that are frequently
encountered in the immigrant population.
In addition to the
above, a seminar in Lansing will be held in June and the first Family
Law Seminar in the Upper Peninsula is planned for August. The distance
required to travel often prevents practicing attorneys in the UP from
obtaining continuing legal education and this seminar will be a first
for the Family Law Section.
The Family Law Section
also will join with ICLE in presenting the first two-day "Family
Law Institute," in October, 2002.
Court Rules Committee
Elizabeth Sadowski - Chair
The Court Rules
Committee has been fortunate to have several of its members appointed
to the Family Division Joint Rules Committee established by the Supreme
Court. The Joint Rules Committee has been primarily focused on juvenile
rules to date, but will take up revision of the MCR 3.200 sub-chapter
in the fall. One of the issues of concern to practitioners is the effect
of the new compulsory joinder of claims rule in MCR 2.203 on domestic
relation actions as to domestic tort claims. Another is revision to
rules regarding domestic relations referees, found in MCR 2.315. The
committee has solicited input from the section as a whole on the family
law listserv and is looking forward to exploring various improvements
to court rule family law practice. Proposed revisions to MRE 703, which
would require the bases of opinion testimony by experts to be in evidence,
have a serious impact in child custody cases where experts commonly
rely on information that would otherwise be barred as hearsay.
Family Court
Forum Committee
Elizabeth Sadowski - Chair
Family Court Forum
held its third successful annual meeting on April 19, with the focus
of this year's issue on psychological evaluations in child custody cases.
The committee is scheduled to meet and plan next year's event.
Guardian Ad Litem
Committee
Janice Morganroth - Chair
The Guardian Ad
Litem Committee has not had very much activity this year. However, the
GAL Handbook, which is still being offered for sale, has had many purchases
this year.
2001-2002 Legislative
Committee Report
Lisa Sullivan - Chair
I. Legislation
for Council Review - The committee met annually and presented
the following legislation for the council's review:
1. HB 4765
- Admissibility
of hearsay where offense is domestic violence.
2. SB 132 -
Requires
certain "no contact" conditions on bonds of certain offenders
before they are released.
3. HB 4780
- Excludes
child support and espousal support from the computation of household
income for purposes of calculating the homestead property tax credit.
4. HB 4858
- Requires
a child to remain in the home of a relative if the child is residing
with that relative when a petition is filed (under the Probate Code).
5. HB 4916
- Creates
a Guardianship Ombudsman.
6. HB 4918
- Creates
a Children's Trustee to properly distribute undisbursed child support.
7. SB 612
- Amends
voting ballots with regard to the election of family law judges.
8. Proposal
by Rep. Richner to prevent the disclosure of certain business
information to the public during a divorce proceeding.
9. HB
4918 - Establishes a Children's Trustee to distribute undisbursed
child support.
10. HB
5009 - Imposes civil liability on individuals who are required
to report suspected child abuse or neglect but who fail to do so.
11. HB
5129 - Amends the stepparent adoption laws.
12. HB
5131 - Amends the Adoption Code.
13. SB
657 - Requires a joint physical custody order upon a minor child
turning 12.
14. SB
682-684 - Technical bills to correct references to Support and
Parenting Time Enforcement Act.
15. HB
5132 - Amends rights to grandparenting time.
16. HB
4855/SB 732 - Uniform Child Custody Jurisdiction Enforcement Act
(UCCJEA).
17. Family
Preservation Package
HB 5164
Authorizes a shorter waiting period for a marriage license upon
the completion of certain pre-marital instruction.
HB 5153/HB
5165 Provide for tax credits up to $50.00 for pre- and post-marital
education/counseling.
HB 5166
Requires divorce effects counseling.
HB 5167
Requires parenting time plan in every divorce involving minor children.
HB 5168 Amends
the no-fault divorce statutes
18. Domestic
Violence Prevention Package
HB 5301/SB
753 Amends the warrantless arrest laws for violations of foreign
PPOs.
HB 5302/SB
754 Amends the definition of a "domestic violence incident"
to include a violation of a foreign PPO.
HB 5303/SB
755 Waives the motion fee to dismiss or to show cause for the
violation of a foreign PPO.
HB 5304/SB
756 Requires a police agency to include procedures for enforcing
a valid foreign PPO in the agency's written policies.
HB 5305/SB
757 Gives the Family Division the authority over a proceeding
involving a minor who has allegedly violated a foreign PPO.
HB 5306/SB
758 Allows for a warrantless arrest for an alleged violation
of a conditional release imposed by a court.
HB 5299/SB
751 Provides for the enforcement of domestic PPOs issued in
Michigan within and outside of the state.
HB 5300/SB
752 Provides for the enforcement of non-domestic PPOs issued
in Michigan within and outside of the state.
HB 5269/SB
725 Allows sealing of court records for the safety of domestic
violence victims or potential victims.
HB 5270/SB
730 Revises procedures for search warrant affidavits.
HB 5271/SB
720 Revises standard report for domestic violence crime.
HB 5272/SB
723 Expands the definition of domestic relationship to include
former or current dating relationship.
HB 5273/SB
728 Requires judge to record reason for issuing or refusing
to issue a PPO for nonrelationship stalking case.
HB 5274/SB
731 Requires reports of domestic violence by law enforcement
agencies.
HB 5275/SB
729 Implements full faith and credit provision of VOWA.
HB 5276/SB727
Revises prohibition against granting interim bond to person
held for domestic assault and battery.
HB 5278/SB
726 Requires Dept. of State Police to serve a PPO on respondent
before sending firearms restriction notice.
HB 5279/SB
735 Prohibits pre-trial bond and post-trial bail for persons
convicted of aggravated stalking unless court finds the person poses
no threat to others.
HB 5280/SB
719 Creates death review teams for domestic violence homicides.
HB 5281/SB
724 Allows prior offense of domestic violence in another state
to enhance penalty.
HB 5283/SB
736 Modifies MRE 404 to allow prior acts of domestic violence
to be admissible as evidence.
19. HB 5331
Excludes child support from household income for tax purposes of calculating
the homestead exemption for a payor of child support.
20. HB 5345
Extends a payor's child support obligation beyond the age of 18 where
payor was incarcerated.
21. HB 5346
Extends child support obligation to the age of 26 for payors of children
with certain disabilities.
22. HB 5438
Requires consideration of parenting time under the Family Support
Act on motion by non-custodial parent.
23. HB 5439
Apportions confinement expenses between parties based on their respective
ability to pay.
24. Jennifer
M. Granholm, Attorney General - Opinion as to non-custodial parent's
access to minor's mental health records.
25. HB 5545
- a bill to establish a Michigan Marriage and Fatherhood Commission.
26. HB 5575
- a bill to amend the Child Custody Act to include de facto custodians.
27. HB 5577
- a bill to exclude child support and spousal support from income
for the purposes of calculating the heating fuel credit for Michigan
tax purposes.
28. Friend
of the Court Reform Package (HB 6004-6031)
II. Testimony
and Meetings
A. Submitted
testimony to the House Family and Children's Services Committee
and the House Committee on Civil Law and the Judiciary.
B. Met with
individual Representatives and Senators regarding issues of importance/concern
to the Family Law Section.
C. Met with
counsel from the Attorney General's office for clarification on
an AG opinion.
D. Participated
as invitees of several legislative working groups.
III. Miscellaneous
A. Provided
information to the media regarding issues being tracked by the Family
Law Section.
B. Drafted and
distributed position papers on issues of concern to the Family Law
Section.
Lobbying/PAC
Committee
Nazli Sater and Neil Colman - Co-Chairs
This has been an
extremely busy year for our lobbyist, William Kandler. He has worked
closely with the Family Law Council and the Legislation Committee, chaired
by Lisa Sullivan, to advance the interests of family law practitioners
in the state legislature. The Family Law Section's efforts have been
rewarded on many occasions, with important modifications being made
to several bills. On other occasions, William Kandler and members of
the Family Law Section worked with legislative advisory groups and also
testified before various legislative panels.
The Family Law PAC
is used primarily for campaign contributions for those legislators who
have been receptive to Family Law Section concerns and who have promoted
section goals.
Membership Committee
Report
David C. Sarnacki &
Susan Paletz - Co-Chairs
A. The Committee
was asked to review:
a. Membership
eligibility under Article 2.
b. Law student
dues under Article 2, Section 2.3.
c. Journal
sales to non-members.
B. Membership &
Dues
a. Rules
1. SBM Bylaws
(1) "Membership
in each Section shall be voluntary and limited to active members
of the State Bar of Michigan." (Art. VII.4)
(2) "Each newly admitted member of the State Bar of Michigan
shall be entitled to membership in one Section of his/her choice
in addition to the Young Lawyers Section without charge for the
first two years following his/her original admission to practice."
(Art. VII.5)
(3) "Legal
assistant and legal administrator affiliate members of the State
Bar of Michigan shall automatically be members of their respective
section and shall, upon payment of the applicable dues, be eligible
for membership in all State Bar sections other than the Law Student,
Young Lawyers and the Judicial Conference." (Art. VII.6)
(4) Legal
assistant and legal administrator affiliate members are authorized
by SBM Art. I.6 and I.7. No mention is made of membership for
law students (or non-attorney referees).
2. Family Law
Section Bylaws
(1) Section
2.1 incorporates the "active and affiliate members"
provisions of SBM Article VII.4-.5 and adds "law students
and non-attorney Friends of the Court."
(2) The reference
to "3.3 and 3.4" is an error. It should be "2.3
and 2.4."
(3) Section
2.4 refers to "non-attorney Friend of the Court referees."
(4) Section
2.2 incorporates the free "first two years" provision
of SBM Art. VII.5.
(5) Section
2.3 requires law students to pay $10.00 dues.
(6) Note that
this was not increased when the regular dues were raised to $60.00.
C. Recommendations
D. JOURNAL SALES
|
Michigan
Bar Journal
|
|
$45.00
per year
|
12
issues
|
|
ABA
Family Advocate
|
$12.95
per issue
|
$39.50
per year
|
4
issues
|
|
ABA
Family Law Quarterly
|
$18.90
per issue
|
$79.95
per year
|
4
issues
|
|
Journal
of the AAML
|
$15.00
per issue
|
$25.00
per year
|
2
issues
|
|
ABA
Law Practice Management
|
$10.00
per issue
|
$48.00
per year
|
8
issues
|
c. Recommendations
i. That non-members
of the Family Law Section be allowed to subscribe to the Michigan
Family Law Journal at the following rates (subject to change at
any time by further action of the Family Law Section Council):
(2) $60.00
per year.
(3) $15.00
per special issue.
(4) $ 7.50
per regular issue.
Michigan Family
Law Journal Committee
Susan Paletz - Chair
The Michigan
Family Law Journal continued this year in its tradition of excellence.
Ten issues are published yearly, plus an annual special issue. In 2001/2002,
the special issue concentrated on alternative dispute resolution. Approximately
3,000 copies of the Michigan Family Law Journal are sent each
year to Family Law Section members, judges, state and university libraries,
and other governmental entities.
This year the
Michigan Family Law Journal was augmented by a series of articles
written by Family Law Section members and council members, and included
such topics as economic consequences of becoming a homemaker spouse,
personal protection orders affecting custody and parenting time, the
Shared Economic Responsibility Rormula, procedural tips from a Circuit
Court Referee, and the safe delivery of newborns law.
Mid-Summer and
Mid-Winter Seminar Committee Report
Fred Morganroth - Chair
In January, 2002,
the Family Law Section of the State Bar of Michigan held a mid-winter
seminar in Ixtapa, Mexico. The committee offered three days of cutting
edge family law seminar issues with presentations of nine outstanding
speakers.
The Family Law Section
is also hosting a mid-summer seminar on July 18-19, 2002, in Montreal,
Canada. This event for family law attorneys and judges will have two
days of outstanding seminars offered by six well-known family law experts.
This committee, on behalf of the Family Law Section, is providing continuing
legal education for the benefit of its members.
Smile Committee
Report
Richard S. Victor
- Chair
The Family Law Section
SMILE Committee met by way of e-mails and discussed various ideas which
are in the process of being implemented in order to stay in touch with
representatives of the SMILE programs being instituted in every county
in the state of Michigan. The purpose of these contacts is to share
ideas on how to update and better implement SMILE around the state.
In addition, we have continued to sell the SMILE video entitled "Listen
to the Children" which has been a very successful fund-raising
program for the section over the past 11 years.
Information was
also put together and disseminated to SMILE participants who have volunteered
to put on live SMILE programs in certain counties. This information
directly related to how family law attorneys who participate in the
program can better address their individual presentations. Examples
of some of this information were:
1. Advise that
both parties are going through very similar feelings and frustrations
throughout the divorce and separation process;
2. Individuals
who go through divorce are involved in the death of a relationship
which often prohibits them from acting logically and emotionally at
the same time;
3. Advise parents
that their actions in failing to comply with court orders may be an
attempt to hurt the other spouse, but, in fact, it serves to hurt
the children;
4. Help parents
of divorce to recognize that their children are caught in the middle
of these disputes and should never be asked to choose between parents
or provide loyalties that create emotional conflicts of interest for
them;
5. Help parents
realize that divorce often breeds the instinct to blame the other
party because of disappointments, feelings of betrayal, and a general
sense of loss. However, it is imperative that parents control their
conduct in order to not put children in the middle of the dispute;
6. End their presentation
with the message that the "greatest gift they can give their
children is permission to love their other parent."
The SMILE Committee
is looking forward to its next meeting of the representatives of county
SMILE programs in order to update the SMILE directory on all of the
state programs. This meeting takes place every five years and will coincide
with the State Bar of Michigan's Annual Meeting in 2003.
State Bar Journal
Committee
Harvey Hauer - Chair
The Michigan Bar
Journal will once again feature an issue dedicated to family law. Skilled
practitioners will author articles on timely family and matrimonial
law topics.
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