Minutes of Conference Call Joint Editorial Board for Uniform Family Law June 16, 2004

Transcription

1 Participants of Conference Call: Minutes of Conference Call Joint Editorial Board for Uniform Family Law June 16, 2004 Jeff J.F. Atkinson, Linda D. Elrod, Barbara Handschu, William H. Henning, Joan Kessler, Frank L. McGuane, Fred H. Miller, Harry L. Tindall, Martha Lee Walters Conference call began at 3:30 p.m. CDT. Status of Enactments: Harry L. Tindall gave a report on the status of enactments. Uniform Mediation Act (2001) (2003). It has been adopted in Nebraska and Illinois. It has been introduced in District of Columbia, Indiana, Iowa, Massachusetts, New Jersey, New York, Ohio and Vermont. Uniform Child Witness Testimony by Alternative Methods Act. It has been adopted in Idaho, Nevada and Oklahoma. It has been introduced in Pennsylvania. Uniform Interstate Family Support Act (2001 Amendments). It has been adopted in 11 states. It has been introduced in Arizona and Kansas. Uniform Interstate Enforcement of Domestic Violence Protection Orders Act. It has been adopted in 13 states and has been introduced in Kansas, Oklahoma, and the U.S.V.I. Uniform Child Custody Jurisdiction and Enforcement Act. It has been adopted in 38 states, and is pending in 8 additional states this year. It is currently pending the Governor s signature in Pennsylvania (Ray Pepe may be able to help here) and has a reasonable chance of enactment in New Jersey, South Carolina, and the U.S.V.I. within the next month or so. Problem states include Indiana and Massachusetts. Uniform Parentage Act. It has been passed in four new states. Maine looked good for awhile but is now in a year delay. It has been introduced in California, Illinois and Utah. It is still in committee in California. Uniform Premarital Agreement Act. Enacted in 26 states; new introductions in Mississippi and West Virginia this year. Drafting Committee Update: Minutes of June 16, 2004 Conference Call Meeting of JEB-UFL; Page 1 of 5

2 Linda D. Elrod reported on the Drafting Committee on Standards for the Protection of Children from International Abduction. Linda D. Elrod reported that the drafting committee had a very productive meeting and were ready for a first draft. The drafting committee is mostly using the California law along with substantial language from the Texas law. The drafting committee determined that they should not only focus on international abduction but just as importantly or perhaps more importantly on domestic abductions. Linda D. Elrod will send an to Lyle W. Hillyard regarding the Drafting Committee on Standards for Protection of Children from International Abduction. JEB-UFL discussed that the standards for protection of children from international abduction was not intended to give Judges additional rights or add to their powers, but to educate Judges and provide check lists. Judges should have a list of factors to go by when making ruling in these cases. Judges should not try to predict behavior but have a check list of factors to go by when making rulings. Jeff J.F. Atkinson reported on the Drafting Committee on the Role of Attorneys Representing Children in Custody Disputes. Barbara Atwood is the reporter on this committee. Barbara Atwood had a draft of the act for the committee to review at the initial meeting. Barbara Atwood is making the revisions discussed at the meeting and will circulate a revised draft before the next meeting. The meeting in general was very productive. The drafting committee is working with a combination of the ABA statue and the Texas statue. The drafting committee has a few issues to iron out. The next meeting is scheduled for the fall. The issues facing the drafting committee are representing children in overlapping capacities. Children need representation in two capacities, divorce/custody and abuse/neglect. A main concern in this drafting committee is the cost to implement the provisions. Institutionalizing Semi-Annual Meetings for JEB UFL Harry L. Tindall suggested meeting in conjunction with the ABA Family Law Spring Meeting and the fall meeting of the American Academy of Matrimonial Lawyers. JEB-UFL agreed that the board must meet at least twice a year in order maintain momentum and build relationships. The American Academy of Matrimonial Lawyers is meeting in Chicago in November. JEB-UFL discussed having their meeting on Sunday, November 6, 2004 in Chicago. JEB-UFL believes they may be able to stir up more interest if JEB-UFL changes their meeting from Sunday to Saturday. JEB-UFL would like to get a prime time for the JEB-UFL meetings. The Academy President decides the schedule for all meetings. Barbara Handschu is the president-elect for the Academy. Minutes of June 16, 2004 Conference Call Meeting of JEB-UFL; Page 2 of 5

3 The ABA Spring meeting is scheduled for April 13-16, 2005 in Austin, Texas at the Hyatt Regency Hotel. Linda D. Elrod will be responsible for getting a meeting time for JEB-UFL on Thursday, Friday or Saturday at the ABA Family Law Spring Meeting. JEB-UFL meetings should start at 9:00 a.m. and be on Saturdays, if possible. Discussed Possibility of Creating a Newsletter and hiring Assistants/Stipend Paid Professors. Newsletter is a good way to communicate with the public; however, someone must take charge and be responsible for update and distributing newsletter. Newsletters can be time consuming. JEB-UFL discussed that some of the larger JEBs have hired assistants. Some JEBs have very active members and delegate the duties and do not need assistants. JEB for Trust and Estates have very active assistants. JEB for Real Property have many members that do a lot of the work on their own. It just depends on the needs and budget of the individual JEB. JEB-UFL discussed having members of the ABA help with some of the work. JEB-UFL discussed the problem of members actually doing what they say they will do. If you hire someone to take the responsibility and do the work, you are assured it will get done. A newsletter could be good and effective. Hire someone to find holdings and do the research. Some members think that a newsletter would be the last reason to hire an outside person. It would be more effective to use a hired person in a different way. JEB-UFL in general does not think it would be a good use of funds and resources to send out a newsletter. JEB-UFL discussed the mission and vision of JEB-UFL. JEB-UFL agreed on the need for a mission and vision statement. JEB-UFL s function should be research, marketing, tracking family law trends, and monitoring the laws. Discussed ways to accomplish those ideas: hire someone, specifically delegate to the members, meet more often or have conference calls. JEB-UFL agreed to think about the following agenda items: 1. Better use of internet, featuring the uniform acts and reports on introductions, enactments, case law and developing electronic newsletters. 2. Hiring a stipend paid professor to keep up with the law issues and to write reports for the website and the newsletter. Minutes of June 16, 2004 Conference Call Meeting of JEB-UFL; Page 3 of 5

4 3. The need to develop a mission and vision statement, along with a strategic plan of action. The above topics will be further discussed at the meeting on November 6, JEB-UFL discussed that the Charter defines the mission of JEB-UFL. Harry will obtain a copy of the Charter and distribute it before the next meeting. JEB-UFL discussed that the Charter can be amended. Harry suggested JEB-UFL should meet more than twice a year. Discuss Adding Additional Paid Members JEB-UFL discussed other JEBs and the number of members and organizations connected to those JEBs. Trust and Estates are very large and have many difference groups and organizations as members. Real Property also has many members. The question was asked if JEB-UFL should try to get more paying members. Some members believe JEB-UFL have stayed away from adding new members for a reason. JEB-UFL discussed ALI and AFCC, Center for Children and the Law. If groups pay dues they will want representation. That means adding new members to JEB-UFL. JEB-UFL agreed that the relationship between JEB-UFL and ABA-Family Law Section and American Academy of Matrimonial Lawyers has been very successful and has worked out well. JEB-UFL also agreed that if JEB-UFL decided to add additional members the group must be a group that meets on a regular basis. JEB-UFL discussed AFCC and the fact that the Academy decided not to sponsor their last seminar. AFCC only wanted to use the Academy s name and did not want to give the Academy any input on content of seminar. Frank L. McGuane asked if the only reason to add new members was to get more money. JEB-UFL decided that adding new members would be placed on hold at this time. Budget JEB-UFL has enough money to meet twice a year. Committee members do not get reimbursed for registration. Committee members get reimbursed for hotel, meals and airlines. JEB-UFL s projected funds balance as of 6/30/04 is $32, Minutes of June 16, 2004 Conference Call Meeting of JEB-UFL; Page 4 of 5

5 JEB-UFL discussed the issue of asking foundations for money. Other groups have had success with getting money from foundations. JEB-UFL discussed possibility of Federal Grants for USIFA cases and research. Fred H. Miller suggested getting Michael Kerr to look into getting Federal Grants. Other Issues Frank L. McGuane reported on his trip to the Hague Convention where a meeting on International Child Support was held. IAML paid for his expenses. He still missed a week of work. He found the perspectives of other countries such as China very interesting. JEB-UFL discussed Interstate Compact on Placement of Children. Harry L. Tindall e- mailed the JEB-UFL the proposed amendment to the Interstate Compact on Placement of Children as introduced by congressman, Tom DeLay before the conference call. A copy of the proposed legislation is attached to these minutes. Martha Walters agreed to investigate and look into ICPC and report to the members. What is it and who is pushing it? The question was raised whether JEB-UFL should send someone to the Hague Convention as a representative. Harry Tindall asked if there were any other issues anyone would like to discuss. No other issues were discussed. The conference call was adjourned at 4:45 p.m. CDT Respectfully submitted, Harry L. Tindall Harry L. Tindall, Chair Joint Editorial Board for Uniform Family Law Minutes of June 16, 2004 Conference Call Meeting of JEB-UFL; Page 5 of 5