PRACTICE AREAS

The Collaborative Divorce process involves both parties and their attorneys collaborating together to arrive at a resolution of the parties’ divorce. The parties are free to consult with their respective attorneys privately, however every negotiation is conducted with both parties and their attorneys present. In addition, depending upon the parties’ needs, a mental health professional and financial advisor may also be present and part of the collaborative team. Parties entering into the collaborative process sign a mutual agreement, binding them to certain terms including the agreement not to litigate. It is understood that in the event the collaborative process breaks down, and either party wishes to go to court, neither party will retain his or her collaborative law attorney in the court proceedings. The collaborative process is appropriate for couples who wish to maintain complete transparency in their negotiations and are willing to receive counsel in the company of their spouse and spouse’s attorney. The collaborative process is excellent for couples who wish to avoid some of the potential pitfalls inherent in the regular adversarial approach to divorce, which can often undermine and prolong negotiations. In the collaborative process, the transparency created by the presence of both parties and counsel in all negotiations can have the beneficial effect of dispelling negative assumptions the parties may have about one another’s intentions.

 

Whether my client is a parent, a grandparent or guardian in a custody and visitation matter, the child is the central focus. My first set of inquiries focuses on the issues in controversy and the client’s goals. If the client is the petitioner in the case, I ascertain whether his or her motives have merit and are aimed at benefiting the child. I question whether the client perceives any possibility for settling the matter by agreement out of court. I am interested in the presentation of facts, the background of the case, the origin of the custody and visitation case, and most importantly the client’s intentions. I will then determine whether the client is pursuing what appears to be best for the child. I will not advocate for a client whose intentions strike me to be unreasonable and contrary to the child’s best interests. In custody and visitation cases, I advocate for and encourage my client to engage in positive and constructive communication with the other parent, to protect the child from negative comments and hostility between the parties, to make the child(ren) the main priority and focus at all times, and to forge better, healthier co-parenting relationships.

My primary work as Guardian ad litem is the representation of children in custody and visitation cases. The role of a guardian ad litem for a minor child is to protect the interests of the child. Once I am appointed by the court to a particular case, I meet with the child and each parent or guardian of the child. I obtain information from care-givers, teachers and any persons who can provide information about the child. It is important for me as a guardian to get acquainted with the child and the child’s home and school environment and to establish a rapport with the child. My duty is to understand the experience of the child with each parent or guardian, report my findings to the court and make a recommendation which I believe is in the child’s best interest.

I relish every opportunity to represent a child. There is nothing more satisfying to me than protecting the best interests of a child and doing what I can to safeguard the child’s wellbeing.