Welcome to the Family Law Practice Area of probono.net/dc!
Join this site if you are a volunteer attorney, legal services advocate, law student or faculty representing low income and disadvantaged clients.
Announcements
No greater legal need exists in D.C. than for lawyers to represent those parents and grandmothers and immigrants attempting to stabilize and protect their families. And there is possibly no greater professional satisfaction than for a lawyer to make a difference in the life of a family in crisis.
DC's Children's Law Center and the D.C. Bar Pro Bono Program co-host this Practice Area with the generous assistance of DLA Piper.
The Family Law Practice Area provides pro bono, court-appointed and legal services lawyers with the tools necessary to be effective advocates in adoption, custody, divorce, support, and abuse and neglect matters. Volunteer opportunities are available through the Co-Host organizations, as well as many other legal service agencies in D.C. Most organizations provide training and support (including mentoring), and some provide malpractice insurance.
Join us!
You can join the Family Law Practice Area if you provide pro bono representation through one of the Co-Host organizations or through one of the other legal service agencies in D.C. Legal service practitioners are also encouraged to join. Click here to join this area.
New Court of Appeals cases
Note: If the links are broken, visit the Court of Appeals website at www.dccourts.gov and click Opinions and MOJs.
In re C.L.O. (April 12, 2012) (adoption affirmed; analysis of constitutional rights of non-custodial parent who was unaware of child's birth)
Kenda v. Pleskovic (March 22, 2012) (party is judicially estopped from raising UCCJEA jurisdictional issue in a custody case)
McClintic v. McClintic (March 22, 2012) (standard for awarding "suit money" in a divorce action)
A.R. v. F.C. (December 22, 2011) (an intrafamily relationship is not a requirement for a civil protection order based on stalking, sexual assault or sexual abuse)
In re J.R. (December 22, 2011) (evidence sufficient for a neglect adjudication; jurisdiction)
In re M.L. (September 8, 2011) (neglect adjudication upheld; admissibility of court-ordered mental health evaluations; no error in precluding child's testimony)
In re K.D. and S.D., (August 25, 2011) (adoption by foster parent affirmed; competing petitions; parent's preference must be given "weighty consideration")
In re D.K. (August 18, 2011) (order requiring CFSA to pay emancipation funds directly to a youth in foster care reversed)
Lasche v. Levin (August 18, 2011) (trial court did not properly analyze treatment of non-periodic lump sum trust distributions in determining child support obligation)
Other news
April 2012 Keeping Current training bulletin from Children's Law Center is available in the Family Law library/Abuse and Neglect folder here.
The Domestic Violence Clerk's office and the Domestic Violence Intake Unit have moved. The clerk's office is now in Room 4510 and the DVIC is in Room 4550.
D.C. Superior Court has issued Administrative Order 11-17 regarding possession and use of electronic devices in courtrooms. The order is posted on the court's website here.
New D.C. regulations about protecting foster children from identity theft are posted in the Abuse and Neglect - Statutes, rules, regulations folder.
D.C. Superior Court Administrative Orders 11-13 and 11-14, "Procedures for Adjudicating Applications to Amend Birth Certificates" and "Procedures for Adjudicating Applications for Change of Name" were issued on August 4, 2011. Cases involving minors or cases in which the applicant is involved in a pending Family Court case are to be filed in or assigned to Family Court. The orders are posted on the court's website here.
D.C. Superior Court Administrative Order 11-15, "Procedures for Stand-in Attorneys Representing Parents in Family Treatment Court," was issued August 4, 2011. A copy of the Administrative Order is posted in the appropriate folders in the Family Law Library and is posted on the court's website here.
Rule Promulgation Order 11-4, issued on July 28, 2011, amends several of the court's General Family rules. The order and rules are posted in the appropriate folders in the Family Law Library, and is posted on the court's website here.
Fact sheets on several recent changes to D.C. law are available in the Abuse and Neglect - Practice materials folder. The fact sheets address new laws about post-adoption contact, access to neglect and juvenile records, and school stability for foster children.
D.C. Law 18-312, effective March 12, 2011, amends the neglect statute regarding school stability for foster children. The law includes provisions creating a presumption in favor of the child attending the school the child was enrolled in prior to his/her removal and placement in shelter care or foster care. The new presumption is particularly strong at the shelter care stage, but it applies throughout a case. To see the legislation on the D.C. Council website, click here.
The "Expanding Access to Juvenile Records Amendment Act of 2010" (L18-0284) recently became law. Certain information about juvenile arrests and crimes is now available to the public. Certain professionals connected to a youth may also share formerly confidential information about a youth for limited purposes. To see a copy of the law, click here.
The D.C. Superior Court adopted Rule Promulgation Order 11-02 which amends General Family Rule D to eliminate the requirement that parties consent to a matter being heard by a magistrate judge.
The D.C. Court of Appeals has issued a new Administrative Order, M 239-10, effective January 1, 2011, concerning the assignment of cases to calendars and the length of oral argument. Click here to go to the Court of Appeals webpage with a link to the Administrative Order.
The permanent version of the "Adoption Reform Amendment Act of 2010" is now in effect. The new law includes provisions extending adoption and guardianship subsidies to age 21, and expands access to guardianship subsidies to non-kin. The subsidy provisions are the same as the temporary provisions that have been in effect since May. The permanent law now in effect also includes provisions clarifying that the Family Court has jurisdiction to enter guardianship orders for youth 18 and older and permitting adoptive and biological parents to agree to judicially-enforceable post-adoption contact agreements. You can find the text of the law and an official statement that it is in effect on the D.C. Council website or by clicking here.
D.C. Superior Court Administrative Order 10-04 (March 9, 2010) has been issued regarding the procedure for review of Family Court magistrate judges' orders in neglect, guardianship and adoption proceedings pursuant to General Family Rule D. Click here to see the Administrative Order.
Whats New
Resources in the Family Law Practice Area include training materials, links to relevant statutes, community resources, sample pleadings and important contact information in the following family law areas:
