New York State Bar Association

 

Committee on Children and the Law

Presents:

The Robert J. Schack Memorial Program

 

 

 

FRIDAY, JANUARY 28, 2005

New York Marriott Marquis

1535 Broadway, New York City

9:00 a.m.—-12:10 p.m.

Majestic/Music Box Room (6th Floor)

 

IMPORTANT INFORMATION

Under New York’s MCLE rule, this program has been approved for all attorneys including those newly admitted for a total of 3.5 credit hours in the area of professional practice.

 

Discounts and Scholarships: New York State Bar Association members may apply for a discount or scholarship to attend this program, based on financial hardship. This discount applies to the educational portion of the program only. Under that policy, any member of our Association who has a genuine basis of his/her hardship, and if approved, can receive a discount or scholarship, depending on the circumstances. To apply for a discount or scholarship, please send your request in writing to Michele Harbour at New York State Bar Association, One Elk Street, Albany, New York 12207.

 

Special Note for Law Guardian and Family Court Assigned Counsel Panel Members: Members of Appellate Division Law Guardian Panels are eligible to apply for a tuition waiver for this program.  If you qualify for this waiver, you cannot register on line. Either obtain a waiver form from your Law Guardian Director or download the waiver form at http://www.delinquency.org/waiver2005.htm, attach it to the completed registration form, and fax or mail back the completed forms to the number/address listed on the registration form.  A limited number of waivers are additionally available on a first come/first serve basis for Family Court or Family Court Appeals assigned counsel panelists who are not currently on a law guardian panel.  To inquire about these waivers, please call Michele Harbour at (518) 487-5591 before January 17, 2005.  No waivers can be issued after the cutoff date.  Please note:  the surcharge of $100 for nonmembers of NYSBA will not be waived.

 

 

 

This program will review distinctive features of child custody and visitation cases and then move on to consider what innovations and improvements should be made to enable the courts to reach the right decision.  The program proposes an entirely new approach:  instead of taking it as a given that custody cases are subject to the same rules of civil procedure as tort and contract cases, we seek to design the best possible procedure taking the unique needs and sensitivities of families as the starting point.

 

ANNE REYNOLDS COPPS, ESQ.                          GEORGE E. REED, JR., ESQ.

COMMITTEE CHAIRPERSON                             PROGRAM CHAIRPERSON

Law Office of Anne Reynolds Copps                            White Plains

                  Albany                                                                  

 

8:30-9:00 a.m.        Registration

 

9:00-9:05               Introduction:  Designing Custody Trials

                              GEORGE E. REED, JR., ESQ.

                              Program Chairperson

 

9:05-9:30               Preliminary Proceedings and Interim Relief

                              -- Preliminary appearances and conferences

                              -- Temporary custody determinations

                              -- Supervised visitation and other interim determinations

                              BARBARA E. HANDSCHU, ESQ.

 

9:30-9:55               Discovery and preparation for trial

                              —Discovery:  What is permitted, what should be encouraged

                              Scope of Law Guardian’s preparation

                              BARBARA H. DILDINE, ESQ.

 

9:55-10:20             Trial Procedure

                              -- Hearsay

                              -- Order and Manner of Proof

                              JO ANN DOUGLAS, ESQ.

 

10:20-10:30           Coffee Break

 

10:30-10:55           Role of Experts

                              -- The forensic expert in custody and visitation cases

                              -- The proper scope of the expert’s opinion

                              ELIZABETH C. SCHOCKMEL, PSY. D.

 

10:55-11:20           In Camera and other Law Guardian Proof

                              -- The in camera interview of the child

                              -- Status of Law Guardian reports, and other Law Guardian proof

                              HON. JOAN O. COONEY

 

11:20-11:45           Custody Cases Generally

                              -- Differences between Supreme Court and Family Court practice

                              -- Interlocutory appeals and other appellate issues

                              HON. EDWARD O. SPAIN

 

11:45-12:10           Discussion and Questions

                              PANEL

 

                                                                                   

About Robert J. Schack

 

Robert Schack was a founding member of the Committee  on Children and the Law and, for many years, Chair of the Legislative Subcommittee. A supervising attorney at the New York State Attorney General's Office, Bob represented the State in several landmark juvenile justice and child welfare cases. He was a tireless advocate for children’s rights and interests, and contributed enormously to the Committee's and the NYSBA's achievements.

 

 


PROGRAM FACULTY

 

GEORGE E. REED, JR., ESQ.

Program Chairperson

White Plains


 

 

HON. JOAN O. COONEY

Supervising Judge, Family Court

Ninth Judicial District

White Plains

 

BARBARA H. DILDINE, ESQ.

Deputy Director

Children’s Law Center

Brooklyn

 

JO ANN DOUGLAS, ESQ.

New York City

 

BARBARA E. HANDSCHU, ESQ.

President, American Academy of Matrimonial Lawyers

New York City and Buffalo

 

ELIZABETH C. SCHOCKMEL, PSY. D.

Capital Psychological Associates

Albany

 

HON. EDWARD O. SPAIN

Associate Justice, Appellate Division,

Third Department

Troy

 


 

 

 

 

 

 

Last updated January 8, 2005

 

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This program is a part of the New York State Bar Association Annual Meeting.