Informal Custody Trial Presented by Judge Benjamin Simpson and Judge Penny Friedlander Test driven and road ready!

Is the case appropriate for I.C.T. ? Considerations: Substance abuse Domestic violence Child abuse

Is the case appropriate for I.C.T. ? Mental illness Parental alienation Pending criminal cases Level of conflict

Informal Custody Trial Is the Court comfortable with the process? Trading cases?

Introducing the I.C.T. Option Inform the parties of the option early in the litigation. Inform the parties of the waiver and consent documents.

Preparation Importance of disclosure of evidence (practice pointer- check volume) Use of pre-trial order or pre-trial conference to insure exchange of exhibits Inquiry

Waiver and Consent

CONSENT TO INFORMAL CUSTODY TRIAL WAIVER OF THE RULES OF EVIDENCE FOR INFORMAL CUSTODY

Waiver and Consent Website: Idaho State Judiciary

Waiver and Consent cont. Inquiry (swear the parties) Were threats or promises made to pressure you to consent to the informal custody process or to waive the rules of evidence?

Waiver and Consent cont. Inquiry continued; Did you read and do you understand the consent to informal custody trial and waiver of the rules of evidence documents?

Waiver and Consent cont. Inquiry continued; What is your level of formal education?

Waiver and Consent cont. Findings Waiver and Consent: knowingly, intelligently and voluntarily entered With advice of legal counsel (if applicable) Counsel stipulates the Informal Custody Trial is appropriate for this case and their clients

Evidence Increasing likelihood of evidence that is relevant

Evidence Information as to legal standards Joint Legal Custody § B (3) Joint Physical Custody § (2) If modification, material and substantial change in circumstances Best Interest Factors § (1)

Evidence Focus the Evidence Redirection Questions from the Court Weight and hearsay “Mudslinging”

Evidence Witnesses? Expert Lay

Fairness No artificial time limits Poor communication skills Limitation of appeal Feeling heard

Role of the Lawyers

Preparation Argument and opening statements Coaching at counsel table Requesting a recess Client control

When To Pull the Plug

Decision

Weighing the evidence Credibility No Need to rush Efficiency doesn’t trump good work

Decision cont. Explain Validate You control the degree of formality

General Tips

Parties sit at counsel table during the proceedings

General tips cont. Positive note at the end of the testimony Court asks party to express a positive parenting quality for the other parent

General Tips cont. Active listening Developing patience Be Yourself

General Tips cont. Developing patience Be Yourself Active Listening

Enjoy the journey...