Author: JGL Law

COVID Court closures are expected to create a significant backlog of family cases and delays getting to trial and resolution.  This is especially difficult for families whose complex situation calls for Court intervention, but access to the Court has been quite limited.  What options do these families have while they await rescheduled hearing and trial dates & their day in Court?

This series of articles explores options to help stabilize families in crisis through:

·         Parent Coordination

·         Early Neutral Case Evaluation

·         Arbritation 

·         Child Counsel Representation

·         Custody Evaluations

What is a Child Counsel?

Child Counsel attorneys are appointed by the Court to represent children in contested custody cases.  This article focuses on:

·         Best Interest Attorneys

·         Child Advocate Attorneys

A Best Interest Attorney (or BIA) makes an independent assessment of what living arrangement, parenting time schedule (physical custody), and decision-making arrangement (legal custody) is in the child client’s best interests, in addition to making the child’s position part of the record (even if different from the BIA’s position about the child’s best interests).

A Child Advocate Attorney (or CAA) represents a child client who has “considered judgment” (an understanding of the risks and benefits of the child client’s positon and ability to communicate their wishes) in support and pursuit of the child’s position with the same duties of loyalty, confidentiality, and competence owed an adult client.

Child Counsel also includes the Child Privilege Attorney role, which is not addressed here.

What Does Child Counsel Representation Look Like?

Maryland’s Guidelines for Practice of Court-Appointed Lawyers Representing Children in Cases Involving Child Custody or Child Access set for the following duties in which the child’s attorney may engage:

·         Meet with and interview the child, and advise the child of the scope of the representation.

·         Investigate the relative abilities of the parties in their roles as parents or custodians.

·         Visit the child in each home.

·         Conduct individual interviews with parents, other parties, and collateral witnesses.

·         Observe the child’s interactions with each parent and each other party, individually.

·         Review educational, medical, dental, psychiatric, psychological, or other records.

·         Interview school personnel, childcare providers, healthcare providers, and mental health professionals involved with the child or family.

·         File and respond to pleadings and motions.

·         Participate in discovery.

·         Participate in settlement negotiations.

·         Participate in the trial, including calling witnesses and presenting evidence and argument, as appropriate.

·         If the child is to meet with the judge or testify, prepare the child, familiarizing the child with the places, people, procedures, and questioning that the child will be exposed to, and seek to minimize any harm to the child from the process.

·         Inform the child in a developmentally appropriate manner when the representation is ending.

A Child Counsel attorney does not testify at trial or file a report with the Court.

How Can Custody Evaluations Help During Court Backlog?

A Child Counsel attorney begins work when appointed (and if paid, when payment received).  Otherwise, their work is not dictated by the Court’s schedule.  Rather, a BIA or CAA can hit the ground running, investigate pressing issues, develop a position (either about the BIA child client’s best interests or promoting the CAA child client’s goals), and pursue that position, including through negotiations and settlement discussions.

While only a court can make a final, binding decision, in contested matters, a Child Counsel attorney can provide live/real time input about the child client, which may help stabilize a chaotic family situation either resulting in settlement or until the family can have its day in court. 

Since 2002, Lindsay Parvis has represented clients in Maryland custody, divorce, and marital matters. She negotiates, litigates, and advocates for the best interests of her clients, whether in contested litigation, uncontested settlement, or premarital and other agreements. Her clients are not only spouses and parents, but also children whose interests she is appointed by the court to represent in contested custody litigation.  Lindsay strives to improve Maryland law in the General Assembly, volunteering her time to monitor, advocate, and educate about legislative developments in family law.

The National Institutes of Health has reported on the increased risk of family violence during the COVID-19 pandemic and cautioned domestic violence rates may even increase far after the pandemic dies down. The stay-at-home orders issued in the State of Maryland places many individuals at risk for domestic violence and increases the risk for others who already suffer from regular abuse at home.  Victims of domestic violence are now required to perpetually be within harm’s reach of their abusive partners or family.  With these rates set to increase, it is important to understand the potential causes as well as the avenues of relief available in the courts to help protect victims of domestic violence.

Causes for Domestic Violence During Quarantine

Although there are a number of reasons why domestic violence may occur in the family home, certain circumstances brought about by COVID-19 have undoubtedly contributed to these unfortunate occurrences:

·         Cabin Fever.  Increased feelings of irritability and short-temperedness are very common in situations where people are confined to a small space for an extended period of time. 

·         Excessive Alcohol Consumption.  Alcohol sales have been skyrocketing during the time of quarantine.  People resort to alcohol when under stress and oftentimes become reliant on it to get through life’s daily stresses.  It doesn’t help that drinking is known to lower one’s inhibitions, which can lead to physical violence stemming from trivial arguments.

·         Substance Abuse.  Many individuals resort to abusing prescription and recreational drugs to help pass time.  Individuals with clouded minds oftentimes lash out when their behaviors are called in to question by their spouses.  Moreover, individuals who are experiencing withdrawal can become irritable to the point where even the littlest thing will set them off on in a fit of rage. 

·         Asserting Control.  The already abusive partner in a relationship may use the pandemic as an excuse to be more authoritative than normal.  The abusive partner sets strict rules for quarantine and becomes upset when those rules are broken. 

·         Unemployment.  A record number of U.S. citizens filed for unemployment during COVID-19.  Although the United States Department of Labor has reported a slight decrease in the overall unemployment rate, a striking number of individuals remain unemployed.  The stress of being unemployed coupled with the potential to become severely ill with no recourse has anxiety levels at an all-time high for many unemployed individuals.  This can cause arguments stemming from a sense of hopelessness.  

Unreported Cases

The potential spread of COVID-19 has required people to stay home and avoid contact with others.  As a result, many cases of domestic violence go unreported.  The abused spouse may be fearful of going to the hospital to receive medical treatment in the event they might catch the disease from hospital workers or patients.  Similarly, abuse victims may be reluctant to call the police to come to their homes in order to maintain social distancing.  Moreover, children who suffer from abuse at home are not attending schools.  A significant portion of child abuse cases are reported by teachers who notice bruises or cuts on children at school.

Maryland Courts Are Available for Emergency Petitions

The Maryland Courts generally remain closed to the general public and will for some time.  However, judges are still permitted to hear emergency petitions on issues pertaining to domestic violence as the courts phase back into being fully operational.  Most courts in the State, however, remain severely understaffed and it may be difficult for a victim of domestic violence to get the help they need without legal representation.

Unfortunately, there are strict procedures which must be followed in order to properly petition the court to hear a case on an emergency basis.  Failure to follow this process precisely could result in the case not being heard for several months.  In domestic violence matters, it is critical that the case be heard before a judge as soon as possible in order to minimize and further harm being done to the victim.

Seeking an Experienced Domestic Violence Attorney in Gaithersburg, MD

The capable attorneys of Joseph Greenwald and Laake PA have been assisting clients with domestic violence issues for decades and have extensive experience in litigating emergency petitions in the courts.  If you or a loved one is suffering from domestic violence at home, contact an attorney today to schedule a consultation and discuss your options. Our attorneys are available to assist you or your loved ones in obtaining the legal relief you need to feel safe and secure. 

 

COVID Court closures are expected to create a significant backlog of family cases and delays getting to trial and resolution.  This is especially difficult for families whose complex situation calls for Court intervention, but access to the Court has been quite limited.  What options do these families have while they await rescheduled hearing and trial dates & their day in Court?

This series of articles explores options to help stabilize families in crisis through:

·         Parent Coordination

·         Early Neutral Case Evaluation

·         Arbitration

·         Child Counsel Representation 

·         Custody Evaluations

What is Arbitration?

Arbitration is a decision-making process in which the parties voluntarily substitute a private process and decision-maker (the arbitrator) for the public process and decision-maker (the Court and a Judge). Maryland has a Uniform Arbitration Act, which parties can opt into or out of.  Instead of having a Court dictate the timing and structure of the process and a Judge determine the outcome, the parties can dictate the timing and structure and an arbitrator determine the outcome.

In child custody and parenting arbitrations, the arbitrator’s decision must be reviewed by the court to determine whether the children’s best interests are met by the arbitration decision.

What Does Arbitration Look Like?

It varies, is completely customizable, and may look as much like a court process as the parties opt into.  However structured, an arbitration involves:

·         Each parent or spouse (and their attorneys, if represented and participating) presenting their evidence & arguments

·         Deliberation by the arbitrator

·         The arbitrator rendering a decision (which is also called an award)

How Can Arbitration Help During Court Backlog?

Arbitration is a voluntary process parties can pursue at any time.  It does not depend upon the Court’s calendar.  Because arbitration is subject to court review in child custody and parenting legal matters, it is better suited to temporary and pressing issues that may not rise to the level of any emergency.

For example, willing parents could submit the following types of issues to arbitration if they want to be assured of a process and decision within a certain amount of time:

·         Temporary parenting schedule

·         Withholding of a child by one parent from parenting time with the other parent

·         School selection

·         Pressing legal decisions which a court may not treat as an emergency

While only a court can make a final, binding decision, in contested matters, arbitration is an option for parents seeking temporary stability and forward movement in a chaotic, complex family situation until the family has its day in Court.

Since 2002, Lindsay Parvis has represented clients in Maryland custody, divorce, and marital matters. She negotiates, litigates, and advocates for the best interests of her clients, whether in contested litigation, uncontested settlement, or premarital and other agreements. Her clients are not only spouses and parents, but also children whose interests she is appointed by the court to represent in contested custody litigation.  Lindsay strives to improve Maryland law in the General Assembly, volunteering her time to monitor, advocate, and educate about legislative developments in family law.

The global pandemic will have a lasting effect on all ways of life as we know it.  Unfortunately, one of those effects involves our relationships with others.  As we are spending more time at home with our loved ones, it is not uncommon for arguments to arise.  Our attorneys have compiled some tips to help you and your spouse get through these troubling times with minimal interference to your marriage.  Although we are always here to provide counsel, we hope that you might be able to save your marriage before it reaches a breaking point.

Global Increase in Divorce Rates

China recently permitted its residents to venture back out into the world after several months of a lockdown mandate by its government.  Upon the lift of the stay-at-home mandate, divorce filings surged.  Many couples simply could not carry on forward with their marriage after having spent significant time isolated with one another.  The U.S. is predicted to follow suit and divorce filings are likely to increase after stay-at-home orders are relaxed. 

Isolation Increases Petty Arguments

On average, most couples spend at most 6 hours together on any given day.  As a result of stay-at-home orders issued by state governments, these couples are forced to spend the majority of their day with their spouses while confined in a relatively small space.  This leads to arguments over inconsequential issues that do not normally come up on a daily basis.  One spouse may complain about the other not doing the dishes during lunch, not putting items away after using them for work, not providing enough attention throughout the day, the list goes on.  The buildup of these petty arguments can have a snowball effect and have caused many to call into question the sanctity of their marriages.  

Tips on Avoiding an Irreconcilable Breakdown

Divorce may seem like the easy way out of a quarrelsome marriage, but if contested in court, a divorce can be financially and emotionally burdensome on the parties.  Consider the following to help prevent an irreconcilable breakdown during COVID-19:

·         Set Quiet Hours.  Many of us are working from home during these uncertain times.  It may be helpful to establish mutually agreed-upon quiet hours.  This will allow each spouse to buckle down and focus on their work that needs to get done throughout the day and limit any distractions that may lead to arguments.

·         Spousal Distancing.  People need their space, and without it, they can often develop feelings of anxiety as a result of being confined.  If you have enough space in your home, consider setting up a work station in a separate and remote area of your home that is isolated from your spouse.  This will allow you to maintain your focus during your work day and is a place for you to go when you just need to get away to be alone.  

·         Pick Up a Hobby.  A hobby is a great way to pass time while doing something you enjoy.  Dedicating 30 minutes a day to your hobby can promote stress relief and happiness and instill a sense of daily accomplishment.  Make sure to not neglect your spouse in lieu of pursuing your hobby, though.

·         Stay Busy With Household Tasks.  Now is the perfect time to accomplish your home projects that have been put off because you did not have the time.  Paint that spare bedroom.  Fix that shelf in the hallway.  Put up shelves in the garage.  Tend to your garden.  Exercise.

·         Virtual Hangouts.  Reach out to friends and family using online video conferencing platforms like Zoom and Google Hangouts.  Host a game night.  Catching up with friends and loved ones is a great way to spend a few hours in a given week and allows you to interact with others to see how they are spending their time.  

Contacting a Divorce Attorney in Rockville, Maryland during COVID-19

In light of the recent public health concerns brought about by the spread of COVID-19, the attorneys of Joseph, Greenwald, and Laake, P.A. are practicing social distancing.  However, this does not prevent us from providing zealous representation for our clients.  Our attorneys are available via phone, email, and video conference to provide legal consultations for current and potential clients.  If you are experiencing difficulties at home with your spouse and want to discuss your legal options, email us at jgreenblatt@jgllaw.com or give us a call at 240-399-7894.  We are here to help.

COVID Court closures are expected to create a significant backlog of family cases and delays getting to trial and resolution.  This is especially difficult for families whose complex situation calls for Court intervention, but access to the Court has been quite limited.  What options do these families have while they await rescheduled hearing and trial dates & their day in Court?

This series of articles explores options to help stabilize families in crisis through:

·         Parent Coordination

·         Early Neutral Case Evaluation

·         Custody Evaluation

·         Child Counsel Representation (especially Best Interest or Child Advocate Attorney)

·         Custody Evaluations, including Specific Issue Evaluations

What is a Custody Evaluation?

A Custody Evaluation is a “study and analysis of the needs and development of a child…and of the abilities of the parties to care of the child and meet the child’s needs” (Maryland Rule 9-205.3(b)(3)).  A Custody Evaluation looks at the family history, the family’s current functioning, the parents’/participants’ fitness, the child’s needs, and makes recommendations about a parenting time schedule/physical custody and legal decision making/legal custody, as well as any services for the parents or child.

A Custody Evaluation may include psychological testing of the parents or a child.  A Custody Evaluation may be general (as described above) or focus on a specific issue or a parent’s home.

A Specific Issue Evaluation “means a targeted investigation into a specific issue…affective the safety, health, or welfare of the child” (Maryland Rule 9-205.3(b)(7)).  “An example…is an evaluation of a party as to whom the issue of a problem with alcohol consumption has been raised, performed by an individual with expertise in alcoholism” (Committee Note).  This is also referred to as a Brief Focused Assessment (for example, by the AFCC).

A Home Study means “an inspection of a party’s home that focuses upon the safety and suitability of the physical surroundings and living environment for the child” (Maryland Rule 9-205.3(b)(5)).

What Do Custody Evaluations Look Like?

Maryland Rule 9-205.3 sets out the following Mandatory & Optional Elements of a custody evaluation:

·         Mandatory

o   a review of the relevant court records pertaining to the litigation

o   an interview of each party

o   an interview of the child, unless the custody evaluator determines and explains that by reason of age, disability, or lack of maturity, the child lacks capacity to be interviewed

o   a review of any relevant educational, medical, and legal records pertaining to the child

o   if feasible, observations of the child with each party, whenever possible in that party’s household

o   factual findings about the needs of the child and the capacity of each party to meet the child’s needs

o   a custody and visitation recommendation based upon an analysis of the facts found or, if such a recommendation cannot be made, an explanation of why

·         Optional

o   contact with collateral sources of information

o   a review of additional records

o   employment verification

o   an interview of any other individual residing in the household

o   a mental health evaluation

o   consultation with other experts to develop information that is beyond the scope of the evaluator’s practice or area of expertise

o   an investigation into any other relevant information about the child’s needs

 

All evaluations culminate in a report, whether oral on the record and transcribed or written, unless the report requirement is waived for a Specific Issue Evaluation or Home Study. The report contains the evaluator’s findings and recommendations.

How Can Custody Evaluations Help During Court Backlog?

A custody evaluation need not depend upon the court’s timing.  Willing parents could use a Custody Evaluation’s results to help them settle their case in full or make temporary, child-focused changes until their trial.

Specific Issue Evaluations and Home Studies may provide parents targeted information about pressing concerns.  If addressed, this may either resolve the issue or provide a plan for moving the family forward while their case makes its way through the court process.

While only a court can make a final, binding decision, in contested matters, a Custody Evaluation is an option for parents to receive and implement child-focused input and recommendations. 

Since 2002, Lindsay Parvis has represented clients in Maryland custody, divorce, and marital matters. She negotiates, litigates, and advocates for the best interests of her clients, whether in contested litigation, uncontested settlement, or premarital and other agreements. Her clients are not only spouses and parents, but also children whose interests she is appointed by the court to represent in contested custody litigation.  Lindsay strives to improve Maryland law in the General Assembly, volunteering her time to monitor, advocate, and educate about legislative developments in family law.

For Immediate Release

Contact: Joseph Greenwald & Laake, P.A.

Veronica Nannis; vnannis@jgllaw.com

Jay Holland; jholland@jgllaw.com

Phone: 301-220-2200

 

FEDERAL GOVERNMENT JOINS WHISTLEBLOWER CASE

FILED BY JGL AGAINST MAJOR MEDICAL DEVICE COMPANY

Suit alleges scheme to pay for advertising and consulting fees

to physicians to induce exclusive use of company’s medical devices.

 

GREENBELT, MD – June 15, 2020 – The United States joined a lawsuit filed by Joseph, Greenwald & Laake, P.A. on behalf of a former Chief Compliance Officer and whistleblower against Utah-based medical device company, Merit Medical Systems, Inc. The False Claims Act (qui tam) complaint alleges fraud schemes involving unlawful kickbacks to physicians to induce their use of Merit’s devices over those of its competitors.    

The whistleblower, (or “Relator”), Dr. Charles Wolf, is a non-practicing medical doctor and an accredited healthcare compliance professional with over 20 years of experience. The complaint recounts how Dr. Wolf reported his concerns about the alleged fraud to Merit’s management during his tenure as its Chief Compliance Officer, all to no avail. Unable to effect change from within, Dr. Wolf resigned from Merit and reported his information to the Department of Justice, which undertook a thorough investigation before deciding to intervene.

The lawsuit was made public on June 12, 2020, after the United States filed its notice of intervention and the Court unsealed the case. The federal government is expected to file its own complaint in intervention by July 13. In addition, 29 states are included in the lawsuit and will have an opportunity to join it also.

The complaint focuses on kickback allegations where Merit provided paid advertising for loyal Merit users and paid consulting fees in order to influence physicians to use Merit devices – which are expected to be included in the federal government’s forthcoming complaint. The lawsuit alleges that Merit “paid for advertising for high-volume users of its medical devices and continues to pay consulting fees to high-use providers for little-to-no-work.” Disguised as educational in nature, the suit claims that, instead, the money paid to physicians was meant to effect and “induce hospitals and physicians to purchase additional equipment, supplies and/or products from Merit.”

Federal and state laws prohibit payments of any kind to physicians – including marketing dollars and consulting fees – to influence physician choice of medical devices. “Prosecuting these cases protects patients. When medical device companies pay something of value to induce physicians to use their devices to the exclusion of others, that can effect independent medical judgment and patient care,” said Veronica Nannis, who, with her partner Jay Holland, represents the whistleblower in this case along with former Assistant United States Attorney, Timothy J. McInnis of McInnis Law.

Holland touted the four-year investigation performed by Department of Justice and the U.S. Attorney’s Office in New Jersey. “The government’s intervention here after a careful, detailed and thorough investigation underscores its goal of protecting patients, rooting out fraud and recouping tax dollars,” said Holland.

The case is captioned U.S. ex rel. Wolf v. Merit Medical Systems, Inc., et al., Case No. 2:16-cv-01855-CCC-MF. The Relator is represented by a team of experienced whistleblower attorneys including Jay Holland and Veronica Nannis of Joseph, Greenwald & Laake and Tim McInnis of McInnis Law. The government’s team is led by Chris Terranova, Trial Attorney, U.S. Department of Justice, and Andrew A. Caffrey III, Assistant U.S. Attorney in the Health Care and Government Fraud Unit out of Newark, NJ.

Jay Holland is a partner at Joseph, Greenwald    & Laake, and is Chair of the Firm’s Labor, Employment and Qui Tam Departments. His False Claims Act cases have resulted in recoveries of over $600 Million for the United States. His recent publications include articles for The National Law Journal, Trial Magazine, DC Trial Lawyer, and the Maryland State Bar Association Employment Law Deskbook. He can be reached at jholland@jgllaw.com

Veronica Nannis is a partner at Joseph, Greenwald & Laake and serves as the Chair of the Firm’s Civil Litigation Department. She litigates qui tam cases and consumer class actions, typically involving kickbacks and other fraud. A Super Lawyer’s Rising Star in DC and Maryland for several years, she was awarded the MAJ Trial Lawyer of the Year Award in 2011 with the team from Joseph, Greenwald & Laake. Past publications include those for Law 360, the ABA Health e-Source, and The Daily Record. She can be reached at vnannis@jgllaw.com

AS MANY AMERICANS HEAD BACK TO THE WORKPLACE, EEOC UPDATES ITS PANDEMIC EEO GUIDANCE:

WHAT CAN EMPLOYERS DO & WHAT CAN EMPLOYEES DEMAND?

On June 11, 2020, the U.S. Equal Employment Opportunity Commission (“EEOC”) updated its guidance on COVID-19-related employment issues. In its published document, “What You Should Know About COVID-19 and the ADA^[1], the Rehabilitation Act, and Other EEO Laws,” available on its website, the EEOC tackles various FAQs related to both employer and employee rights during the pandemic.

Previous guidance issued in March and April from the EEOC addressed various issues related to keeping workplaces COVID-19 free, including that an ADA-covered employer MAY:

·         Screen job applicants and employees for COVID-19 symptoms;

·         Take body temperatures of job applicants and employees during the pandemic;

·         Require an employee to stay home if they have COVID-19 symptoms;

·         Require a doctor’s certification of fitness before allowing employees to return to work; and

·         Administer COVID-19 tests to its employees.

While employers may take these steps, employees have the right to keep answers to screening questions and results of COVID-19 tests housed separately from their personnel files and confidentiality is to be maintained (though a positive test can be disclosed to public health agencies).

The EEOC guidance notes that while federal EEO laws protecting workers’ rights, like the ADA and Rehabilitation Act, continue to apply with equal force during the pandemic, “they do not interfere with or prevent employers from following the guidelines and suggestions made by the CDC or state/local public health authorities.”

Since the EEO laws remain in full force and effect, if an employee has a “disability” under the law, he or she is entitled to the same reasonable accommodations as were available pre-pandemic, and may also be entitled to additional or altered accommodations during the pandemic absent “undue hardship” to the employer. There is no carve-out for essential workers. The laws entitling disabled workers to reasonable accommodations include those who the CDC has termed “classified as critical infrastructure” or “essential crucial workers.”

Employers may still not discriminate based on disability, pregnancy or age. New guidance issued on June 11th makes it clear that covered employers may NOT exclude employees solely because they have a pre-existing condition and are in a group identified by the CDC as at “higher risk for severe illness” if COVID-19 is contracted. This includes pregnancy and age. Therefore, unless an employee requests a reasonable accommodation under the law for a recognized “disability,” the ADA does not allow the employer to unilaterally exclude an employee even if it is concerned that returning the employee to work may jeopardize his or her health. Likewise, older workers cannot be excluded from work just because the CDC has classified individuals age 65 and over at a “higher risk” for severe complications with COVID-19. Employer motivation is irrelevant. The guidance instructs, “the ADEA would prohibit a covered employer from involuntarily excluding an individual from the workplace based on his or her being 65 or older, even if the employer acted for benevolent reasons such as protecting the employee due to higher risk of severe illness from COVID-19.”

 The EEOC continually updates its guidance, and both employers and employees should keep apprised of all new guidance as it comes out. As more employees prepare to return to the workplace this month, it is critical for both employers and employees to understand how federal, state, and local laws intersect and impact employment at this time.

Ms. Nannis is a principal in JGL’s Qui Tam and Civil Litigation practice groups. She primarily represents whistleblowers who report fraud on the government in False Claims Act (qui tam) litigation. While she has experience in numerous types of complex, civil litigation, she focuses on healthcare, kickback cases and class actions across the country. She can be reached at vnannis@jgllaw.com

_^[1] Americans with Disabilities Act of 1990, 42 U.S.C. § 12101.

Rejected as improper an interlocutory appeal on immunity grounds advanced by WSSC. Washington Suburban Sanitary Commission v. Bowen (Md. 2009)

COVID Court closures are expected to create a significant backlog of family cases and delays getting to trial and resolution.  This is especially difficult for families whose complex situation calls for Court intervention, but access to the Court has been quite limited.  What options do these families have while they await rescheduled hearing and trial dates & their day in Court?

This series of articles explores options to help stabilize families in crisis through:

·         Parent Coordination

·         Early Neutral Case Evaluation

·         Arbitration

What is an Early Neutral Case Evaluation?

While the exact process can vary, it usually involves a blending of an Early Neutral Evaluation and a Settlement Conference.  The goal is settlement, and if settlement cannot be achieved, receiving input about the strengths and weaknesses of their positions, likely outcome of litigation and its cost/benefit, and potential services to assist the family as their case progresses.

The process involves:

(1) the parties, their attorneys, or both appear before an impartial evaluator and present in summary fashion the evidence and arguments to support their respective positions

(2) the evaluator renders an evaluation of their positions and an opinion as to the likely outcome of the litigation; and, may include:

(3) settlement efforts to discuss the issues and positions of the parties in an attempt to agree on a resolution of all or part of the dispute by means other than trial.

What Does an Early Neutral Case Evaluation Look Like?

Generally, Early Neutral Case Evaluation consists of:

·         Intake by the neutral evaluator(s), to confirm no prior contact with the family

·         Scheduling the evaluation

·         At the evaluation:

·         Each parent or spouse (and their attorneys, if represented and participating) presenting their evidence & arguments

·         Deliberation by the neutral evaluator(s) and conveying their evaluation and opinion of likely outcome

·         Remaining time dedicated to settlement discussions, facilitated by the neutrals.

How Can Early Neutral Case Evaluation Help During Court Backlog?

Early Neutral Case Evaluation is a voluntary process parties can pursue at any time.  It does not depend upon the Court’s calendar.  Potential outcomes are:

·         Settlement of some or all the issues presented;

·         No settlement, in which case the parties and their attorneys proceed to other processes to resolve their matter, but with information about services and potential outcomes that may assist them going forward;

·         In certain cases requiring additional services from outside professionals/providers before the neutral evaluation portion can be completed, a recommended process and opportunity to resume Early Neutral Case Evaluation once additional services have been provided.

Early Neutral Case Evaluation is confidential, so no part of it can be disclosed or used in future litigation and no evaluator can be called as a witness.  So, it is a confidential place for assessment and potential resolution of a family’s legal matter.

Participants could consent to being required to follow the evaluators’ recommendations on a temporary basis until the parents can have a trial in Court.  This could apply to a temporary schedule, a specific legal decision on medical, education, or religion, or pressing concerns that a Court does not consider an emergency.

While only a court can make a final, binding decision, authorizing limited and temporary decision-making to a neutral evaluator is an opportunity to create stability in and a forward-moving process for a chaotic, complex family situation until the family has its day in Court.

Since 2002, Lindsay Parvis has represented clients in Maryland custody, divorce, and marital matters. She negotiates, litigates, and advocates for the best interests of her clients, whether in contested litigation, uncontested settlement, or premarital and other agreements. Her clients are not only spouses and parents, but also children whose interests she is appointed by the court to represent in contested custody litigation.  Lindsay strives to improve Maryland law in the General Assembly, volunteering her time to monitor, advocate, and educate about legislative developments in family law.

COVID Court closures are expected to create a significant backlog of family cases and delays getting to trial and resolution.  This is especially difficult for families whose complex situation calls for Court intervention, but access to the Court has been quite limited.  What options do these families have while they await rescheduled hearing and trial dates & their day in Court?

This series of articles explores options to help stabilize families in crisis through:

·         Parent Coordination

·         Early Neutral Case Evaluation

·         Arbitration

What is Parent Coordination?

Parent Coordination a process in which the parents work with a Parent Coordinator to reduce the effects or potential effects of conflict on the parents’ child.  A Parent Coordinator is a neutral, in that she does not represent, advocate for, or advise either parent.

Parent Coordination’s goals include:

·         developing an agreed plan for custody and visitation if there is no agreement or court order

·         resolving disputes about the interpretation of and compliance with the order and in making any joint recommendations to the court for any changes to the order

·         educating about making and implementing decisions that are in the best interest of the child

·         developing guidelines for appropriate communication between the parents

·         suggesting helpful resources for the family

·         modifying patterns of behavior and develop parenting strategies to manage and reduce opportunities for conflict in order to reduce the impact of any conflict upon their child

·         deciding post-judgment disputes by making minor, temporary modifications to child access provisions ordered by the court if:

o   the judgment or post-judgment order of the court authorizes such decision making, and

o   the parents have agreed in writing or on the record that the post-judgment parenting coordinator may do so.

What Do Parent Coordination Meetings Look Like?

The Parent Coordination sessions include the Parent Coordination and parents.  Not their attorneys.

The meetings may include all three participants together or involve one-on-one caucuses/breakouts with the Parent Coordinator and a single parent.

How Can Parent Coordination Help During Court Backlog?

If parents consent in writing, they can authorize the Parent Coordinator to make certain parenting decisions for the parents on a temporary basis until the parents can have a trial in Court.  This could apply to a temporary schedule, a specific legal decision on medical, education, or religion, or pressing concerns that a Court does not consider an emergency.

Also, a Parent Coordinator can recommend services to the parents and for the family.  Services might include an assessment or evaluation of substance use, emotional and mental health, educational difficulties, and so on.  Parents can consent to submit certain issues to the Parent Coordinator for recommendations, agree to be bound by them, or if not bound agree that the recommendations be admissible in Court.  These recommendations can help move a family matter forward in developing important information and understanding about the parents and family, until a Court can intervene.

If necessary, a Parent Coordinator can testify in court as a fact witness and produce documents, in response to a subpoena.  A Parent Coordinator cannot serve as an expert witness.  However, a Parent Coordinator can testify about recommendations made and whether parents complied.

A Parent Coordinator cannot make a final, binding decision, because only the Court has that authority in child custody matters.  However, with limited decision-making power provided to a willing Parent Coordinator, this is an opportunity to create stability in and a forward-moving process in a chaotic, complex family situation until the family has its day in Court.

Since 2002, Lindsay Parvis has represented clients in Maryland custody, divorce, and marital matters. She negotiates, litigates, and advocates for the best interests of her clients, whether in contested litigation, uncontested settlement, or premarital and other agreements. Her clients are not only spouses and parents, but also children whose interests she is appointed by the court to represent in contested custody litigation.  Lindsay strives to improve Maryland law in the General Assembly, volunteering her time to monitor, advocate, and educate about legislative developments in family law.

     With families of divorce, summer is often a time that kids spend significant amounts of time with non-primary custodial parents. Even in an ordinary summer, extended visits with that parent are often accompanied with anxiety and trepidation. Parents worry: Will her father make sure she does her summer school work?  His mother won’t give him his medications. He does not worry about Sarah’s allergies.  Where will they be staying?  I need to know!  The kids have their own concerns: Will I get to see my friends? I don’t like it there. Why do I have to go?   These are but a few of the many concerns those families lawyers like myself hear at the launch of summer vacation, year in and year out.

     This year – 2020 – brings no ordinary summer.  All across the country, academic years were suspended, and then cut short.  Families from California to Florida were forced into some sort of “stay at home” order. Courts are closed throughout the nation.  The statistics regarding cases and deaths related to COVID-19 increase every day, even now, months into this pandemic. It is not surprising that divorced parents have disagreements and that many of those disagreements center around their children. As such, levels of anxiety have inherently increased as the summer of 2020 approaches.

     In many jurisdictions, courts have issued overall edicts that parties are to comply with existing orders regarding visitation, regardless of the COVID-19 outbreak. Like most “general orders”, those edicts are simply inappropriate and often just plain unfair for many children and their families.  Any number of potential situations comes to mind.  What happens where a child has been sick or even exposed to the virus?  Should she have to go to her mother’s house despite an existing order that provides mother with four weeks of summer visitation?   Dad lives in California and his son is supposed to be put on an airplane to fly there from his home in Maryland?  Should the child be put at risk by travelling through an airport and on the plane from one coast to the other just so Dad can exercise his visitation? 

     I am reminded of a great quote that I heard some time ago from Jodi Picoult, a best selling fiction author: “The answer is that there is no good answer. So as parents, as doctors, as judges and as a society we fumble through and make decisions that allow us to sleep at night because morals are more important than ethics and love is more important than law.”    

    That may or may not be helpful.  What I can say to parents is that the best thing you can do, when trying to balance health and safety with court orders and obligations is to find a family lawyer whose judgment you trust, give them a call and discuss your situation and get some advice.    Do your best.  No one gave any of us lessons in how to handle the myriad of issues that have been presented to us when considering COVID-19 and its impact on summer visitation.

David Bulitt is a shareholder in the law firm of Joseph, Greenwald & Laake, PA, in suburban Maryland. A father of four, he focuses on all areas of family law. A published author, Bulitt’s most recent book, THE FIVE CORE CONVERSATIONS FOR COUPLES was published in February, 2020 and is co-authored with his wife, a family therapist.

A mother battling serious addiction issues used the services of a skilled family lawyer and found a gradual path back into her children’s lives by negotiating a modified possession order requiring her to engage in addiction therapy, submit to drug testing, and wear a remote alcohol monitoring device as conditions for her progressive visitation and custody schedule.