Archive for custody

New Case – Watch out if asking question in a deposition about a custody evaluation

New Appellate Case: Anke v. Yeager

There is a new appellate which came down from the Second Appellate District of the California Court of Appeal on February 4, 2019.  The case is Anka v. Yeager and can be found here https://law.justia.com/cases/california/court-of-appeal/2019/b281760.html.

You know it’s going to go badly for the attorney in the case when you read this in the opening paragraphs quoting the oath of admission required to practice law described in California Rules of Court, rule 9.7:

“These cautions are designed to remind counsel that when in the heat of a contentious trial, counsel’s zeal to protect and advance the interest of the client must be tempered by the professional and ethical constraints the legal profession demands. Unfortunately, that did not happen here.”  [Emphasis added.]

Yikes!

Sanctions for revealing the contents of a custody evaluation in deposition questions

In Anka v. Yeager, an attorney asked a question during a deposition as part of a child custody dispute about the contents of a custody evaluation.  The displeased trial court ordered $50,000 in sanctions against the attorney and party under Family Code sections 3025.5 and 3111.  The trial court found that the attorney’s asking questions about the custody evaluation in the presence of the court reporter and videographer at the deposition constituted an unjustified, malicious and reckless disclosure of the contents of the custody evaluation.

When the sanctioned attorney appealed.  She argued that the court reporter and videographer were “officers of the court” and were, therefore, exempt under 3025.5.  However, the appellate court held the court reporter and videographer were not employees of the court and were therefore not exempt.  The trial court did not abuse its discretion by imposing the sanctions on the attorney.  The attorney by asking deposition questions referencing the custody evaluation disclosed highly personal information about the child and family.  Moreover, disclosure in the form of questions in the presence of a court reporter was malicious and reckless.  The court affirmed the sanction of $50,000 against the attorney but reversed the sanction against the attorney’s client.

Be careful about asking questions in a deposition about a custody evaluation!

So, what is the lesson here? In a custody cases, do not ask questions about the custody evaluation in a deposition without court clearance.  If you screw this up, you may be paying a lot of money in sanctions and could even face discipline.

Big Change Coming in California Mediation Law in 2019 You Need to Know About

New Form Required by California Evidence Code § 1129

Shawn Weber Offers Back to School Advice for Divorced Parents on NBC 7 San Diego

Family law attorney and mediator Shawn Weber of Weber Dispute Resolution appeared on the NBC 7 San Diego Morning News on Friday, August 24 to offer advice to divorced parents who have conflicts over ‘back to school’ issues with their children.

Family law attorney and mediator Shawn Weber interviewed by NBC 7 San Diego news on back to school issues for divorced parents.

Family law attorney and mediator Shawn Weber interviewed by NBC 7 San Diego news on back to school issues for divorced parents.

Weber recommends parents discuss their expectations and come to an agreement on time commitments, spending, and logistics involving school-age children long before the school year starts.

See the entire interview with mediator Shawn Weber on the NBC 7 San Diego website.

If you need help working through conflicts with your ex-spouse over parenting issues, contact Weber Dispute Resolution today at 858-410-0144.

KOGO AM Radio Features Shawn Weber Interview

The KOGO AM 600 Morning News with anchors Ted Garcia and LaDona Harvey featured a live interview with family law attorney Shawn Weber of Weber Dispute Resolution on Wednesday, August 16.

Weber discussed tips from his latest blog post, “Back to School Doesn’t Have to Mean Back to Court,” which offers advice for divorced parents on solving disagreements over their children and their return to school. Conflicts regarding spending over clothing and supplies, communication from school officials, and participation in various extracurricular school activities are common sources of friction between divorced parents. The failure to solve these problems can send parents back to their attorneys, and even back to court.

If you missed the interview, you can listen to it here.

Avoid an expensive trip back to court – contact Weber Dispute Resolution

Back to school sometimes sends divorced parents back to court. Are you fighting over:
  • Responsibility for buying school supplies?
  • Who’s driving the kids to school?
  • After-school activities?
  • Who talks to your kids’ teachers?
  • Emergency contact?
  • Who gets to sit where at the school play?
Call on Weber Dispute Resolution to help you and your clients get an A-plus on school plans that work for the entire family. Weber Dispute Resolution can help you avoid an expensive, lengthy, and emotionally damaging court fight. Call 858-410-0144 to set up a private settlement conference.

READ MORE: Early Intervention: Why Mediation Early In A Family Law Case Can Save a Fortune in Fees and Stress 

The Irreplaceable Dad: The Importance of Dads Stepping Up In Co-parenting and Moms Letting Them Do It

This article was originally posted in 2013.  We have received such a positive reaction that we are reposting it.  It was the subject of Shawn Weber’s upcoming interview on the Real Talk San Diego Facebook Live program on March 28 at 1:00 PM PDT.  Watch it here: https://www.facebook.com/yourwealthhour

Some dads aren’t so great

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Let me preface this post by noting that there are a lot of terrible fathers. Many of them are abusive, punitive and cruel. Many are irresponsible and fail to take their role as parent seriously. Some simply abandon and neglect their families. In such cases, it may very well be better for the kids if these dads weren’t around. Such men are not “fathers”. They are unworthy of the title. My heart goes out to their victims. But, there are good dads out there and in many cases, their role can be unnecessarily marginalized. I am only talking about the good dads in this post. Women, please don’t hate me.

Every time Father’s Day approaches, I find myself contemplating the role of a dad in the family- in particular, given my career as a family law attorney, the role of a dad in a post-divorce family. I grow increasingly frustrated with the term “single parent”, which is so often bantered about unnecessarily. We are told of how hard the single parent has to work. Often we are treated to images of single moms struggling to make ends meet with kids at home and a dad nowhere to be found or, at least, not involved. For many of my clients, that is the case. To be sure, there are a lot of dads out there who don’t step up.

Co-parenting is better when possible

In most cases, however, single parenting isn’t necessary. Co-parenting is the better way to go. After the demise of some marriages, one parent does everything possible to eliminate the other parent from the equation. I have heard moms say that they would be happy if their kids’ dad would just go away. Some even say they would prefer their ex-husbands to be dead. Such sentiment is surprisingly common. “Hell hath no fury like a woman scorned.”

There are dads who check out and neglect their families, refusing to pay child support and refusing to take responsibility as fathers. There are dads who are abusive. It is only natural that a woman may feel uneasy about the man who beat her up. I am not talking about the bad apples here. However, there are many dads who do not deserve the level of scorn they receive.

Divorce can be nasty. When people get to my office, things are usually pretty bad. Folks don’t make the big decision to get a divorce unless they are very unhappy with their spouse. However, all too often, a wife can unnecessarily extend her hatred of her ex to his relationship with the children. These women, not realizing the damage they inflict on their children, will stop at nothing to minimize or even eliminate a dad’s involvement in the family. While they are very happy to maximize the child support they receive, they are relentless in removing dad from the parenting equation. This is not ok. Kids need their dad and although a wife’s experience of her ex-husband as a spouse may be less than perfect to say the least, this man still has an important role with the kids.

I have had a number of cases recently where a mother decides, for whatever reason, to relocate out of the state. These women have reasons for their decision to relocate. Sometimes the reasons are good. Many times they aren’t. Perhaps they are moving closer to family. Perhaps they feel they can get cheaper housing. Universally, they minimize the impact on the kids’ relationship with dad. They, wrongly, believe that they are the only important parent in their children’s lives.

What they fail to understand is that this man, with all of his imperfections, is still their kids’ dad. He is a part of them. They love him. Yes, they even need him. One prominent psychologist told me that the moving parent almost in every case fails to understand how devastating moving the kids away from the other parent can be. In family law, move-away cases are not about what is in the child’s best interest. Rather it is about minimizing detriment. It is rarely in the child’s best interest to move away. As participants in the legal process we are then asked to determine whether it messes the kids up more to lose their dad or to lose their mother. Judge’s hate these kinds of cases.

Dads matter to kids

I have seen grown, tough men weep openly in my office as they explain to me how hurt they are that the mother of their children cares so little for their contribution. One such parent lamented that with his wife moving, he would no longer be able to attend Cub Scout meetings or coach the soccer team. One father told me how upset he was that his son would miss out on campouts and fishing trips. Another dad told me how tragic it was that he and his daughter would miss their regular basketball scrimmages at the local park.

I have also seen children in pain that one of their parents is being cut out of their lives. One teenage boy told me that he misses his father terribly and doesn’t understand why his mother speaks negatively about him. He says, “He’s my dad. When she bad mouths him, it is like she is talking bad about me. It makes me cry. I don’t show her though; I just go in my room and punch my pillow.” Another twelve-year-old boy told me that while he loves his mom and understands that she had her reasons for leaving his father, he feels like a piece of him is missing. He said, “My uncles are great. But they are not my dad. Why can’t I just have my dad around.” Then with tears in his eyes he said, “I just wish I could still hang out with him.”

Dads, you need to step up

Not just to pick on the moms, I have had many mother’s complain that they wished that their ex-husbands would be more involved fathers. They try to encourage dad to participate, but he refuses. Sometimes dads just “check out” as parents after the divorce. This is not ok either. Dads, you need to step up.

I am a strong believer that it takes two genders to be most effective in parenting. To be sure, there may be someone out there who will take me to task and wrongly accuse me of sexism. I am just noting, that as much as we would like to say that there are no differences, men and women are, in fact, different. These differences, rather than seen as a way to divide families, should be embraced and celebrated. As a father of five children, my wife and I have had many conversations about how important we believe the gender differences are in our parenting. We each bring different parenting styles and different approaches to the table. These differences enrich our children and bring them balance.

father parent child

The best co-parenting I see is when both parents are deeply involved

While the parents may have deep and real differences that led to a divorce, they don’t show their children these differences. Rather they present a unified front to the kids. They both encourage a relationship with the other parent. They seek the other parent’s guidance and counsel about issues with the kids. The kids benefit greatly from having both parents as active and equally important parts of their lives.

(Just an aside, it is equally damaging when fathers eliminate mothers from the equation. But we are talking about dads here. We also see more cases where the dads get pushed out then the other way around. But the inverse does happen.)

So what is the lesson?

Moms, unless your ex is truly one of the bad apples I mentioned above, you should probably go out of your way to include him in the parenting of your kids. Remember, he is part of who they are as individuals. That is meaningful. Encourage him to be involved. Encourage your kids to reach out to him.

Dads, it’s time to step up if you haven’t already. You are vital and irreplaceable. You are more than a convenient source for child support. You are far more important than a mere sperm donor. Make SURE that your children know that you love them. Demonstrate your love by word and deed. Be responsible. Be involved. Tell your kids that you love them. Show an interest in their activities. Don’t give up. Don’t just blame your ex if you have a terrible relationship with your kids. Step up and take initiative. Those kids of yours are precious and they need you.  You are their father!

To both parents, minimize your conflict.

Spend less time fighting about stuff in court and more time working together in a mutually respectful manner. I encourage the use of mental health professionals, mediation or Collaborative Practice to help folks work together. I know the split up probably hurt. Now, be the grown-ups. Swallow your pride. Find a way, if at all possible, to work together for your kids.

mother and father co-parenting

 

Read also:

6 Tips for Successful Holiday Co-Parenting

3 Great Tips to Give Your Kids a Voice in Your California Divorce

Five Tips to Have a Miserable Divorce

6 Tips for Successful Holiday Co-Parenting

By Shawn Weber, Family Law Attorney and Mediator

holiday co-parenting cookies

When we think of the holidays, we think of family.  Our traditions are all about bringing the family together and celebrating togetherness. We have Norman Rockwell style images in our heads of the family (and children) gathered around the table with something delicious.  Whether it’s lighting the menorah or setting out cookies for Santa, the Holidays inspire hopes for greeting card type scenery and happy times with our children.  After all, “it’s the most wonderful time of the year.”

However, for single parents, the holidays can be especially trying.  As a family law attorney, I typically see an uptick in custody and visitation disputes prior to every major holiday.  It makes sense that the most emotionally meaningful calendar dates for people sometimes lead to the most emotionally driven family disputes.

It is always amazing to me that a time of year for celebrating peace on earth can be so full of conflict.  Often I will get a frantic call right before a special day.

Examples are:

  • “The kids were with my ex last year. Now he wants to take them again!”
  • “I have been planning a visit with my kids to see my parents in another state and now she is ruining our plans!  I already bought plane tickets!”
  • “He is trying to buy the kids with expensive gifts.  It makes me look terrible!  He knows he doesn’t pay me enough support and I can’t keep up with him!”
  • “She is threatening to show up right in the middle of our holiday dinner.”

Below are some tips learned through years of trial and error as a family lawyer to help co-parents get through the holidays:

Tip #1:  Be Specific In Your Holiday Co-Parenting Plan 

There is a reason why lawyers write everything down.  When you have your agreement in writing, there is less opportunity for playing games.  When I draft custody orders, I try to include a written holiday schedule with specifics about when the kids will be with each parent for which holiday.  For example, a provision might look something this:

“In every even-numbered year, Sarah shall be in the Father’s care at 10:00 A.M. on December 24 until 10:00 A.M. on December 25 and in the Mother’s care from 10:00 A.M. on December 25 until 10:00 A.M. on December 26.   In every odd-numbered year, this schedule shall reverse.”

(As an aside, notice that I split up the Christmas holiday in a way that lets both parents share in the fun.  This is a very typical type of provision to consider including in your holiday co-parenting plan.)

The more specific your order, the less confusing your holiday co-parenting will be on the day of the holiday.  Remember, confusion and ambiguity breed conflict and disagreement.

Tip #2:  Don’t Wait Until the Last Minute.  Discuss and Agree to Holiday Co-Parenting Plans Early.

Planning a trip to North Dakota with the kids for winter break?  Then make your holiday co-parenting plans and get your ex’s agreement early.  I can’t tell you how many times I have seen a party make plans and buy non-refundable tickets only to have those plans dashed at the last minute because they didn’t consult with the other parent.  Talk about it early.  Agree on travel plans.  Get it in writing.

Tip #3:  Talk to each other about gifts.

It can be very awkward when both parents buy little Susie a Big Hugs Elmo.  So, make an effort to coordinate.  And please, don’t make it a competition.  It’s about your child after all.

Tip #4:  Control the Relatives.

Your child does not need to hear anyone speaking ill of the other parent over turkey, even if he really is a big jerk.  Make sure that relatives and family members refrain from bad mouthing.  Remember, that’s your child’s other parent they’re talking about.  When you allow other people to speak ill of the other parent in front of your children, it only hurts the kids.

Tip #5:  Don’t be selfish.  Share!

There is a real temptation to want to keep all of the holiday fun for yourself.  Avoid that type of thinking.  When you are co-parenting, you simply may not get to spend every holiday with your child.  It’s the season of giving—remember?  However, you may consider (if you are up to it) spending a holiday together with the ex.  Why not do the Santa thing together? It can really make a holiday special for your child if you can pull it off without fighting.  Be realistic about it, though.  If you really can’t get through an evening with your ex without throwing your egg nog at him, then go the separate route.

Tip #6:  Respect Boundaries.

If it is your ex’s year to have the kids on a holiday, remember to be respectful of her time with the kids.  Don’t interfere.  Do not try to show up at the house unannounced during dinner.  Don’t worry.  I know it may be really difficult to be away from your little ones during a special holiday, but it will be okay. Don’t let your kids be the subject of a tug of war on a day that is supposed to be merry and joyful.  Let them experience the holiday without being placed in the middle of your struggle.  Just let go—at least for the holiday.  Your ex will be grateful and will be more likely to return the favor when it’s your year.

Holidays After Divorce – Bring Peace on Earth to Your Kids

My Second Appearance on “Real Divorce Talk”

real divorce talk divorce information

I was happy to appear again on the Facebook Live program Real Divorce Talk. This time, I co-hosted with my good friend Bryan Devore. The potential for this program as a divorce information resource really excites me.

About Bryan Devore

Bryan Devore co-founded Divorce Home Solutions.  There, he helps people gather needed facts to make tough choices (including whether to sell their home or to stay).  They provide helpful services along with access to trusted divorce pros guiding folks through the divorce transition.

Bryan and his partner, Jami Shapiro, also sponsor a  Separated and Newly Divorced Meetup support group.  They meet every two weeks on Tuesdays in Carlsbad from 6pm – 8pm.  Because each session is led by a therapist specializing in divorce, it’s a time for folks to learn and share.  Sharing experiences helps people realize they aren’t alone.

Watch Episode 2 of Real Divorce Talk for Relevant Divorce Information

This week’s Real Divorce Talk show featured Certified Divorce Financial Analyst Carlie Headapohl, divorce mortgage expert Eric Billock, nationally recognized author of The Good Divorce Dr. Constance Ahrons, and “Lemonade Divorce” attorney and mediator Allison Patton.

Today’s Topics: co-parenting, divorce emotions, divorce finances, mortgage lending during a divorce, divorce mediation, the Good Divorce, and Lemonade Divorce.

If you like what you see, then be sure to “Like” the show and follow.

For more divorce information, check out:

Forgiveness During Divorce: A key to finding peace

Watch my appearance on Real Divorce Talk on Facebook Live

We Don’t Get Along Very Well. How Can We Possibly Mediate Our Divorce?