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Practical Skills - Family Court Practice - Custody

- Location -
New York State Nurses Association
11 Cornell Road
Latham, NY 12110
(518) 782-9400

This program offers a total of 7.0 MCLE credits (1.5 ethics; 4.5 skills; 1.0 professional practice)

By attending this program, you will learn:

• Learn suggested methodologies for how to handle a custody case
• Become familiar with the role of the Attorney for the Child
• Learn the basics of child neglect and abuse proceedings under Article 10 of the FCA
• Hear discussion of ethical issues, specifically addressing the types of proceedings in which the best interests of children are at the forefront of the Court’s concern
• Gain valuable knowledge from a panel of experts.  All attorneys, both newly admitted and those with limited experience, will benefit from this program

Co-sponsored by the Family Law Section and the Committee on Continuing Legal Education of the New York State Bar Association

PROGRAM DESCRIPTION

This full-day practical skills program takes a fresh approach to some of the basics of family court practice. By attending this seminar, both newly-admitted lawyers and those with limited experience will learn suggested methodologies for how to handle a custody case and will become familiar with the role of the Attorney for the Child. Attendees will also gain knowledge of the basics of child neglect and abuse proceedings under Article 10 of the Family Court Act. Ethical issues, with specific attention to the types of proceedings in which the best interests of children are at the forefront of the Court’s concern, will be discussed.

WHO SHOULD ATTEND

• All attorneys seeking a fundamental but practical overview of handling a custody case
• Attorneys practicing in the area of Family Law

AGENDA

8:30-9:00       REGISTRATION 

9:00-10:15
1. HOW TO HANDLE A CUSTODY CASE, PART I: THE BASIC ELEMENTS

A. Consultation with your Client
B. Choosing Supreme Court or Family Court
C. Petition Drafting and Filing
D. Forms
E. OCA Website
F.  Initial Appearances
G. Temporary Orders
H. Article 6
I. Uniform Court Rules (22 NYCRR Part 205); Local Practices and Customs

10:15-10:25         BREAK

10:25-11:30
2. THE APPOINTMENT AND USE OF ATTORNEY FOR THE CHILD

A. The Role of the Attorney for the Child
B.  Ethical Considerations

1. As Counsel for a Party
2. As Attorney for the Child

C. Relationship among the Court, Counsel and the Attorney for the Child
D. Attorney for the ChildFees

11:30-12:30        LUNCH (ON YOUR OWN)

12:30-1:45
3. HOW TO HANDLE A CUSTODY CASE, PART II

A. Forensics
B. Probation Reports
C. Home Studies
D. In Camera Examinations
E. Trial Preparation Tips

1:45-3:00
4. ARTICLE 10 PROCEEDINGS

A. Overview – Family Court Jurisdiction
B. Pre-Hearing Matters

1. Removal of Child without Court Order
2. Pre-Petition Order
3. Return of Child Temporarily Removed

C. Discovery
D. Evidentiary Considerations
E. Fact-Finding Hearing
F. Dispositional Hearing
G. Orders of Disposition 

3:00-3:15        BREAK

3:15-4:30
5. ETHICS IN MATRIMONIAL AND FAMILY LAW

A. Ex Parte Communications with Court, including Attorney for the ChildCommunications with Court and Parties
B. Attorney for the Child Duties to Preserve Confidences of Child as Client
C. Ex Parte Communications with Forensic and Other Experts 

4:30          ADJOURNMENT

IMPORTANT NOTICE

PARTIAL CREDIT FOR PROGRAM SEGMENTS NOT ALLOWED.
Under the New York State Continuing Legal Education Board Regulations and Guidelines, attendees at CLE programs cannot receive MCLE credit for a program segment unless they are present for the entire segment. Persons who arrive late, depart early, or are absent for any portion of the segment will not receive credit for that segment.

CREDIT BREAKDOWN

• 4.5 Skills (Topic 1, 3, 4)
• 1.0 Professional Practice (Topic 2)
• 1.5 Ethics (Topic 5)

PROGRAM FACULTY

Overall Planning Chairs

• Joan Casilio Adams, Esq., J. Adams & Associates, PLLC, Buffalo, NY
• Henry S. Berman, Esq., Berman Bavero Frucco & Gouz P.C., White Plains, NY
• Martin T. Johnson, Esq., Johnson & Cohen, LLP, Pear River, NY
• Bruce J. Wagner, Esq., McNamee, Lochner, Titus & Williams, P.C., Albany, NY

Albany Panel

Chair:

• Jenifer M. Wharton, Esq., Gordon, Tepper & DeCoursey LLP, Glenville, NY

Panel: 

• Jenifer M. Wharton, Esq., Gordon, Tepper & DeCoursey LLP, Glenville, NY
• Jennifer Powers Rutkey, Esq., Gordon, Tepper & DeCoursey, LLP, Glenville, NY
• Patricia L. R. Rodriguez, Esq., Law Office of Patricia L. R. Rodriguez, Schenectady, NY
• Hon. Philip V. Cortese, Montgomery County Family Court Judge, Fonda, NY
• Hon. Margaret T. Walsh, Albany County Family Court Judge, Albany, NY
• Barbara J. King, Esq., Tully Rinckey PLLC, Albany, NY

MCLE CREDIT

7.0 Total Credits (1.0 professional practice; 4.5 skills; 1.5 ethics)

This course has been approved for MCLE credit in New York for all attorneys, including newly admitted (less than 24 months).

This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 7.0 hours of total CLE credit. Of these, 1.50 qualify as hours of credit for ethics/professionalism, and 0 qualify as hours of credit toward certification in civil trial law, criminal trial law, workers compensation law and/or matrimonial law. This course does not qualify under any of the nine specified new admit areas, in five of which New Jersey attorneys admitted in 2009 or thereafter, in their first full two-year compliance period, must take 15 of their 24 required credit hours (see BCLE Reg. 201:2).

This program has also been approved for MCLE credit by the State Bar of California and the Pennsylvania Continuing Legal Education Board for 5.0 credit hours of substantive law and 1.0 credit hour of ethics. All inquiries regarding MCLE credits may be directed to (518) 487-5606.

This course includes 0.0 credit hours for the Continuing Professional Education (CPE) requirements of New York and New Jersey CPAs. Sponsor numbers: New York: 000026; New Jersey: 20CE00099900.

The New York State Bar Association’s Committee on Continuing Legal Education has been certified by the New York State Continuing Legal Education Board as an accredited provider of continuing legal education in the State of New York.

ELECTRONIC COURSE MATERIALS (ECM)

COURSE MATERIALS FOR NYSBA CLE PROGRAMS ARE NOW DISTRIBUTED ELECTRONICALLY!

All program materials are distributed exclusively online in searchable PDF format, allowing attendees more flexibility in storing this information and allowing you to copy and paste relevant portions of the materials for specific use in your practice.  A CLE NotePad © (paper) will be provided to all attendees at the live program site.  The CLE NotePad © includes lined pages for taking notes on each topic, as well as any PowerPoint presentations submitted prior to printing.

Prior to a scheduled program date, all registrants will receive an email message containing a hyperlink that when clicked will provide you with access to the complete course materials in a searchable PDF format which can be downloaded to your computer using the “Save As” option under your “File” tab. Printing the complete materials is not required for attending the program. Online materials are updated periodically to reflect last minute submissions from program faculty, guaranteeing that you will always have the latest version of the materials.

Traditional printed course books may be ordered at the program site for a discounted price and will be shipped subsequent to the program date.

Directions

From the South/West Take Thruway to Exit 24 - Northway (I-87) Take the Northway (I-87 North) to Exit 6 Make left on to Rt. 7 (Troy-Schenectady Road) Follow approximately 2-3 miles, until you see Wendy's on your left Turn left at Wendy's onto British-American Blvd. Follow for ¼ mile to Cornell Road Make a Right onto Cornell NYS Nurses Association is 3rd driveway on right, before the cul-de-sac From the North Take the Northway (I-87) to Exit 6 Turn right onto Rt. 7 (Troy-Schenectady Road) Follow approximately 2-3 miles, until you see Wendy's on your left Turn left at Wendy's British-American Blvd. Follow for ¼ mile to Cornell Road Make a Right onto Cornell NYS Nurses Association is 3rd driveway on right, before the cul-de-sac From the East 1-90 to the end - follow signs to I-87 North Take Exit 6 Turn left onto Rt. 7 (Troy-Schenectady Road) Follow approximately 2-3 miles, until you see Wendy's on your left Turn left at Wendy's British-American Blvd. Follow for ¼ mile to Cornell Road Make a Right onto Cornell NYS Nurses Association is 3rd driveway on right, before the cul-de-sac PARKING IS NOT PERMITTED ON CORNELL ROAD, GRASSY AREAS OR IN EMERGENCY ZONES IN FRONT OF THE BUILDING.

The last day to pre-register online was April 8, 2013.

Members, please login to get member discounts.

Seminar
ALB-REGISTRATION	$165.00

Seminar
ALB-REGISTRATION	$265.00

Seminar
ALB-REGISTRATION	$60.00

Accommodations for Persons with Disabilities:
NYSBA welcomes participation by individuals with disabilities. NYSBA is committed to complying with all applicable laws that prohibit discrimination against individuals on the basis of disability in the full and equal enjoyment of its goods, services, programs, activities, facilities, privileges, advantages, or accommodations. To request auxiliary aids or services or if you have any questions regarding accessibility, please contact Cindy O'Brien at 800-582-2452 or cobrien@nysba.org.