Photo by Maxime on Unsplash Almost two years has passed since we wrote our first blog post about the havoc COVID-19 was causing in parenting plans ( Co-Parenting in a Crisis: COVID-19 and Beyond ).  Little did we know how long this crisis would persist and all the things that it would change.  We continue to contemplate how long we'll wear masks in public and whether we'll ever shake hands regularly again, and yet life goes on.  People get married and divorced, and they still need help figuring out how to navigate family conflict.   As we continue to help people with these major life decisions, we've noticed some of the potentially long-lasting effects of the pandemic.  Below is a list of what we've seen change about our practice, and we're interested to see the comments and if your experience has been similar or different: Video Killed the In-Person Star I spent my childhood (and 20s and 30s) wondering when we would regularly use video screens to communic...

Photo by Sigmund on Unsplash The Massachusetts Probate and Family Court has released Standing Order 1-2022 , temporarily overriding Standing Order 1-2021, regarding Court Operations Under the Exigent Circumstances Created by the COVID-19 Pandemic. The Order, effective 01/05/2022, requires that all cases be held remotely if the case can be changed from in-person to virtual without having to reschedule. The form to request an in-person hearing be changed to remote can be found here: https://www.mass.gov/doc/assented-to-motion-for-all-parties-to-appear-remotely-cjd-424/download Note: If all parties and attorneys do not agree to appear remotely, a Motion (CJD 400) form may need to be filed. According to the order, rescheduling of cases is discouraged and should only happen as a last resort. While the change to virtual proceedings is highly recommended, scheduled in-person hearings shall continue where staffing levels are adequate. In alignment with the shift to virtual procee...

by Beth Aarons When a former family law colleague of mine told me about Collaborative Law Process sometime around 2008, conceptually it sounded much like a series of traditional four-way meetings, but with a therapist present.  As a fledgling dispute resolution process, I saw no harm in adding this skill set to my professional tool kit to bolster the transition of my practice out of litigation and into dispute resolution. It was not until several years after I had taken the Introduction to Collaborative Law training that I experienced the actual magic of Collaborative Law Process.  The family had been slowly imploding for years and now everything was coming to a head.* Mom and Dad still occupied the same house but had stopped speaking to each other years earlier after Dad had an infidelity.  They had decided to divorce but not tell the kids until there was a plan to separate into two households.  Mom had lost her job and Dad’s salary was not enough to cover two sets ...

If you have a court hearing scheduled in the next few weeks, most likely you've been told it's postponed.  While some hearings will be scheduled telephonically and by video conference, the COVID-19 pandemic is likely causing significant delays in obtaining a hearing and an order or judgment.  This is understandable as the court and the bar figure out how to adjust to this crisis.  Regardless of how understandable these delays are, though, the experience for individuals going through conflict must be frustrating, disappointing, and in some cases devastating. Now is the time to consider your alternatives to court. Mediation, conciliation, collaborative representation, and arbitration are all available options to those looking to resolve their issues without further delay.  Many of these dispute resolution professionals already have experience using videoconferencing to meet with clients and for us, our business has continued almost uninterrupted.  At my o...

UPDATE:  Chief Justice John D. Casey sends an  Open letter regarding co-parenting during COVID-19: "It is times like this, when society faces threats once thought unimaginable, that the rule of law is more important than ever... Parenting orders are not stayed during this period of time. In fact, it is important that children spend time with both of their parents and that each parent have the opportunity to engage in family activities, where provided for by court order. In cases where a parent must self-quarantine or is otherwise restricted from having contact with others, both parents should cooperate to allow for parenting time by video conference or telephone." Additional resources have become available during this crisis, please scroll to the bottom of this post for more resources. Co-Parenting in a Crisis: COVID-19 and Beyond by  Jennifer Hawthorne Mediators and collaborative professionals work with parents to create a realistic and practical parenting p...