Domestic Relations Work Group

July 7, 2000

Attendees: Judge Marlin Appelwick Chair; Helen Donigan; Mary Erickson; Carol Farr; Judge Deborah Fleck; Wendy Gelbart; Porter Kelley; Judge Faye Kennedy, Elizabeth Michelson, Lynn Pollock

Staff: Gloria C. Hemmen.

Overview

The goal of this meeting was to identify clusters of issues and experts to provide additional information/clarification during the 2-day workshop scheduled for August 17-18. 2000.

Judge Kennedy reported the Project 2001 Committee chairs met via conference call. It was emphasized that the workgroups were to focus on legislation that can be passed; court rules; and long-term recommendations to the Board for Judicial Administration. It is anticipated various groups will see a need for change beyond the scope of these limited workgroups. The Committee is interested in hearing what needs to be done long-term.

Parenting Act Report Issues for Discussion/Action:

The Subcommittee reviewed the recommendations in the Parenting Act Study, the issues raised by members, and the list of proposed resource people. It was noted the Study did indicate the Parenting Act was working for the majority.

After discussing all of the recommendations in Dr. Lye's report and the issues raised by members, nine main topics were identified for action during the meetings on August 17-18, 2000. The topic headings are followed by some key points from the group's discussion.

1. SUBSTANCE OF RESIDENTIAL SCHEDULES
   • Level of detail/tight structure needed? Micro-managing
   • Clarify restricting "as agreed"
   • Spokane booklet: Child-Centered Residential Schedules; Family Law Deskbook
2. PARENTING ACT FORMS
   • Mandatory or advisory. Statute has 1-liner "You shall use mandatory forms." Forms do provide a structure, form, default framework. Issue pre-forms was specificity of enforcement.
   • 2-Step Model/Short Form (will run into problems with court commissioners who rely on the forms.)
   • Checklist approach
   • Decision making cornerstone of original Act; Clarify "joint-decision making"
   • Statute doesn't recognize level of detail in the forms
3. ALTERNATIVE DISPUTE RESOLUTION
   • How to use ADR.
   • Scope and review of arbitration
4. EARLY MEDIATION/INTERVENTION
   • King County pilot project
   • Use in high conflict cases
5. HIGH CONFLICT CASES
   • Guidelines when joint-decision making should not be used
   • Domestic Violence issues - 1 time for disclosure
   • Distinguish between pro-se and attorney represented high conflict cases
   • Best interest of the child v. best interest of the client
6. EDUCATION FOR JUDGES, ATTORNEYS, LITIGANTS
   • Checklists and instructions at the front for pro-se
   • ADR education for judges and attorneys
7. CONFIDENTIALITY ISSUES
   • Privacy/Records confidentiality - general recommendation to BJA?
   • Need to deal with physical safety issues
   • Confidential relationship between client and attorney - domestic violence issues under 191
8. RELOCATION ISSUE (we can indicate the recommendation was resolved with recent legislation.)
9. EXPERTS/INVITED GUESTS TO PROVIDE ADDITIONAL INFORMATION
   • Marsha Hedricks, Ph.D., Parenting evaluator
   • Mary Pontarolo, Washington State Coalition Against Domestic Violence
   • Merrie Gough, OAC Legal Services, Pattern Forms Committee
   • Judge Shellan
   • John Dunne
   • Janet Skreen, OAC, Courthouse Facilitators

Consensus was the Subcommittee will work as a whole rather than breaking down into smaller groups to work on topic areas.

The August 17-18 meeting will be divided into blocks of time. There will be closure at the end of each segment and recommendations - general and specific - will be made regarding that topic area. Invited guests will address the group early on August 17.

If necessary, a follow-up meeting will be scheduled. If legislation is proposed, we will contact appropriate legislators for assistance in drafting the bills.

Action Plan:

Next Meeting:

The SubCommittee will meet for two days to complete its work.

The Domestic Relations Committee as a whole will meet on August 28, 2000 at 9:00 a.m. at Two Union Square

The meeting adjourned at 5:15 p.m.