Providing Spouses with the Power to Make Healthcare Decisions

By Cozette Vergari Originally published in LOS ANGELES LAWYER / NOVEMBER 2007 THE RIGHT TO MAKE HEALTHCARE DECISIONS is a protected individual right held solely by the patient. Recently, federal law and state law expanded the scope of exclusivity of this right to the privacy realm by limiting the sharing of patient information and records. Thus a patient’s spouse, domestic partner, and other family members face increasing obstacles when they seek information from the patient’s records-even though some healthcare providers, perhaps motivated by compassion, are disregarding the legal restrictions. Nevertheless, spouses, in particular, should be very clear about their ability to make […]

Mental Health of Children in Divorce

Child’s Testimony in Custody Cases

ELKINS TASK FORCE REFORMS – UNCERTAINTY ABOUT IMPLEMENTATION An important change regarding children’s testimony in custody cases, (Family Code §3042).went into effect last year. “If a child is 14 years of age or older and wishes to address the court regarding custody or visitation, the child shall be permitted to do so, unless the court determines that doing so it not in the child’s best interests. In that case the court shall state its reasons for that finding on the record.” Professionals have expressed concerns about how this is going to be implemented. There is a provision that a minor’s counsel, evaluator, […]

Proposals For Helping Judges in Court

PROPOSALS FOR HELPING JUDGES ESTABLISH A MEDIATION PANEL TO REDUCE NUMBER OF CASES FOR HEARINGS The Superior Court maintains “panels” or lists of professionals who provide child custody evaluations services, parent education groups and co-parent counseling services. A similar list of professionals who provide mediation could be very helpful. The court could require the child custody mediators to provide pro bono services as a requirement for being on the list. Volunteer attorney mediators have already been helping settle cases at no cost to the court, although the ADR program at the court will be eliminated by this summer. The Los […]

Child’s Attorney in a Divorce

MINOR’S COUNSEL, THE ATTORNEY FOR THE CHILD – STILL CONTROVERSIAL In more and more cases, the courts are relying on Minor’s Counsel to assist in the resolution of cases. In some jurisdictions, the use of minor’s counsel is almost routine. A number of factors have led to the greater use of attorneys for children. Because of the limited resources of Family Court Services, fewer cases are being resolved in mediation and it’s also taking longer for child custody evaluations. Even the “fast-track” evaluations have been renamed, in part because it’s not a speedy way of getting recommendations before the court. Minor’s […]

Collaborative Divorce: How a Parenting Plan Will Help Co-Parent

 SPECIAL MASTERS, OR PARENTING PLAN COORDINATORS – KEEPING SMALL ISSUES OUT OF THE COURTROOM Not since the first training session for Special Masters over six years ago, has there been a training program in s Los Angeles County for attorneys and mental health professionals interested in becoming Special Masters. The Superior Court, along with the Association for Family and Conciliation Courts, AFCC, sponsored a training program in March. Matthew Sullivan, Ph.D. provided the training, followed by a panel, including Judge Robert Schnider, Lynette Robe, J.D., Angus Strachan, Ph.D. and Jane Shatz, Ph.D. A list of the attendees who attended the training, […]