By Suzanne Chester

In October 2020, I wrote about the weaponization of the charge of parental alienation in family court, and how it obscures the multiple legitimate reasons children have for rejecting contact with a parent.

In 2022, three influential organizations took a public position on this issue of parent-child contact problems. The American Professional Society Against Child Abuse (APSAC) is the leading national organization supporting professionals who serve children and families affected by child maltreatment and violence. Over the years, APSAC has repeatedly opposed the harmful presumption among many family court professionals that parental alienation is the reason for a child refusing contact with the other parent. In its most recent position statement, APSAC warns that a rush to blame one parent for the child’s aversion to contact with the other parent results in professionals failing to investigate allegations of abuse or mistreatment and making recommendations that are detrimental to the child’s best interests.

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By Ketan Soni

I’m thankful that I’m still your chair. You are probably thankful that Jill Jackson will be your next chair. Please don’t impeach me. We just had a Council meeting on November 17.

Here’s an update on my goals.

1. Succession Plan: It’s going to get done by December 31, 2022. So far, zero progress. I only get to fail on December 31, 2022, if I still haven’t done it.

2. Financial Affidavits: We can’t stop winning. We have broken down how to update the financial affidavits by delving into 6 buckets:

• “Form” of the Financial Affidavit
• “Income” section of the Financial Affidavit
• “Fixed” or “Shared Family” section
• “Individual Monthly” expenses
• Depicting Standard of Living v. Current Standard
• User Experience. “User” means our clients, the judges, and ourselves.

We have over 20 people working on this across the state: large counties, small counties, paralegals, attorneys, and more!

3. To streamline Council meetings. It’s an 80/20 on this one now. We’ve made progress. Our last meeting was only 1.5 hours. Read more

By Elysia Prendergast-Jones

The month of October brings awareness to many causes. It is Cancer Awareness Month, Domestic Violence Awareness Month, and Pro Bono Month.

Let’s talk about what we can do as family law attorneys to bring some awareness to Pro Bono Month.

The North Carolina State Bar asks each lawyer to commit to providing 50 hours of legal services to those who are unable to pay, according to Rule 6.1, which states in further detail: every lawyer should

“(a) provide a substantial majority of the (50) hours of legal services without fee or expectation of fee to:

(1) persons of limited means;

(2) charitable, religious, civic, community, governmental and educational organizations in matters that are designed primarily to address the needs of persons of limited means; or

(3) individuals, groups or organizations seeking to secure or protect civil rights, civil liberties or public rights, or charitable, religious, civic, community, governmental and educational organizations in matters in furtherance of their organizational purposes, where the payment of standard legal fees would significantly deplete the organization’s economic resources or would be otherwise inappropriate;

(b) provide any additional services through:

(1) the delivery of legal services described in paragraph (a) at a substantially reduced fee; or

(2) participation in activities for improving the law, the legal system or the legal profession.

In addition, a lawyer should voluntarily contribute financial support to organizations that provide legal services to persons of limited means.” Read more

By Alicia Mitchell-Mercer and S.M. Kernodle-Hodges

“If one wishes to know how justice is administered, one does not question the policemen, the judges, or the protected members of the middle class. One goes to the unprotected— those, precisely, who need the law’s protection most! — and listens to their testimony. ~James Baldwin, “No Name on the Street”

The Justice Gap

Civil access to justice is high stakes. It is a prerequisite for meeting fundamental human needs. Without access to justice, individuals are incapable of contesting injustice or holding decision-makers accountable. Access routinely determines whether basic human needs for food, clothing, and shelter will be met, and it can mean everything for a person in crisis. Sadly, when individuals realize they need legal help, they also realize they cannot afford a lawyer. More often than not, they are also ineligible for assistance from legal aid. The difference between the civil legal needs of lower-income Americans and the resources available to meet those needs is what we refer to as the “Access to Justice Gap.” Read more