HOW to TRY a CUSTODY CASE October 8Th and 9Th, 2013
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E TUT I HOW TO TRY A ST CUSTODY CASE Prepared in connection with a Continuing Legal Education course presented N at New York County Lawyers’ Association, 14 Vesey Street, New York, NY presented on Wednesday & Thursday, October 9 & 10 2013. P R E S en T E D B Y : The New York College of Matrimonial Law Trial Attorneys G U E ST S pea K E R : Dr. Jonathan Gould, author The Art and Science of Child Custody Evaluations P RO G R A M C O - S P O N SOR : Benjamin N. Cardozo School of Law NYCLA Matrimonial Law Section: The NY Women’s Bar Association P RO G R A M F ac U L T Y : Hon. Harold Beeler, Law Office of Harold B. Beeler; Dror Bikel, Bikel & Mandarano, LLP; Briana Denney, Newman & Denney, P.C.; Hon.Saralee Evans, Siegel Teitelbaum & Evans; Frederic P. Schneider, Ballon Stoll Bader & Nadler, P.C.; Sandra L. Schpoont, Schpoont & Cavallo, LLP; Jamie L. Weiss, Teitler & Teitler, LLP; Judith E. White, Garr and White, P.C.; Elliot J. Wiener, Phillips Nizer, LLP; Andrea Ziegelman, Moses & Ziegelman, LLP NYCLA-CLE I 16 TRANSITIONAL & NON-TRANSITIONAL MCLE CREDITS: This course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 16 Transitional & Non-Transitional credit hours: 2 Ethics; 7 Skills; 7 PP This program has been approved by the Board of Continuing Legal Education of the Supreme Court of New Jersey for 16 hours of total CLE credit. Of these, 2 qualify as hours of credit for Ethics/Professionalism, and 0 qualify as hours of credit toward certification in civil trial law, criminal trial law, workers compensation law and/or matrimonial law. Information Regarding CLE Credits and Certification How to Try a Child Custody Case th th October 9 and 10 , 2013; 9:00 AM to 5:00 PM The New York State CLE Board Regulations require all accredited CLE providers to provide documentation that CLE course attendees are, in fact, present during the course. Please review the following NYCLA rules for MCLE credit allocation and certificate distribution. i. You must sign-in and note the time of arrival to receive your course materials and receive MCLE credit. The time will be verified by the Program Assistant. ii. You will receive your MCLE certificate as you exit the room at the end of the course. The certificates will bear your name and will be arranged in alphabetical order on the tables directly outside the auditorium. iii. If you arrive after the course has begun, you must sign-in and note the time of your arrival. The time will be verified by the Program Assistant. If it has been determined that you will still receive educational value by attending a portion of the program, you will receive a pro-rated CLE certificate. iv. Please note: We can only certify MCLE credit for the actual time you are in attendance. If you leave before the end of the course, you must sign-out and enter the time you are leaving. The time will be verified by the Program Assistant. Again, if it has been determined that you received educational value from attending a portion of the program, your CLE credits will be pro-rated and the certificate will be mailed to you within one week. v. If you leave early and do not sign out, we will assume that you left at the midpoint of the course. If it has been determined that you received educational value from the portion of the program you attended, we will pro-rate the credits accordingly, unless you can provide verification of course completion. Your certificate will be mailed to you within one week. Thank you for choosing NYCLA as your CLE provider! New York County Lawyers’ Association Continuing Legal Education Institute 14 Vesey Street, New York, N.Y. 10007 • (212) 267-6646 How to Try a Child Custody Case October 9th and 10th, 2013 9:00AM to 5:00PM Presented By: The New York College of Matrimonial Law Trial Attorneys www.nytrialcollege.com Sponsored By: The New York County Lawyers’ Association The Benjamin N. Cardozo School of Law New York Women’s Bar Association Location: The Benjamin N. Cardozo School of Law, New York, New York AGENDA Day One 9:00 AM - 9:10 AM Introductory Remarks Dror Bikel 9:10 AM – 9:25 AM The Facts of Our Case Jaime L. Weiss 9:25 AM – 9:45 AM The Law of Child Custody Sandra L. Schpoont 9:45 AM – 10:05 AM Developing Trial Themes Frederic P. Schneider 10:05 AM – 10:10 AM BREAK 10:10 AM to 10:55 AM The Fundamentals of Direct-Examination Elliot J. Wiener 10:55 AM – 11:00 AM BREAK 11:00 AM – 11:45 AM The Fundamentals of Cross-Examination Dror Bikel 11:45 AM – 12:15 PM Questions and Answers 12:15 PM – 1:15 PM LUNCH 1:15 PM - 2:05 PM Demonstration of Direct-Examination of Party Witness • Presiding Justice: Hon. Saralee Evans/ Hon. Harold B. Beeler • Examining Attorney: Elliot J. Wiener • Opposing Attorney: Dror Bikel • Facilitator: Judith E. White 2:05 PM- 2:15 PM BREAK 2:15 PM – 3:05 PM Demonstration of Cross-Examination of Party Witness • Presiding Justice: Hon. Saralee Evans/Hon. Harold B. Beeler • Examining Attorney: Dror Bikel • Opposing Attorney: Elliot J. Wiener • Facilitator: Judith E. White 3:05 PM – 3:35 PM Questions and Answers New York County Lawyers’ Association Continuing Legal Education Institute 14 Vesey Street, New York, N.Y. 10007 • (212) 267-6646 How to Try a Child Custody Case October 9th and 10th, 2013 9:00AM to 5:00PM Presented By: The New York College of Matrimonial Law Trial Attorneys www.nytrialcollege.com Sponsored By: The New York County Lawyers’ Association The Benjamin N. Cardozo School of Law New York Women’s Bar Association Location: The Benjamin N. Cardozo School of Law, New York, New York AGENDA Day Two 9:00 AM – 9: 20 AM Preparing Clients for a Forensic-Custody Evaluation Andrea R. Ziegelman 9: 20 AM – 9: 35 AM Evidentiary Issues Relating to Custody-Expert Reports and Testimony Briana Denney 9:35 AM – 9: 45 AM BREAK 9:45 AM - 11:45 AM The Methodology of Child-Custody Evaluations Jonathan Gould, Ph.D. 11:45 AM – 12:15 PM Questions and Answers 12:15 PM – 1:15 PM LUNCH 1:15 PM – 1:55 PM Demonstration of Direct-Examination of Expert Witness Presiding Justice: Hon. Saralee Evans/Hon. Harold B. Beeler • Examining Attorney: Elliot J. Wiener • Opposing Attorney: Dror Bikel • Expert Witness: Jonathan Gould, Ph.D. • Facilitator: Judith E. White 1:55 PM – 2:05 PM BREAK 2:05 PM – 2:45 PM Demonstration of Cross-Examination of Expert Witness Presiding Justice: Hon. Saralee Evans/ Hon. Harold B. Beeler • Examining Attorney: Dror Bikel • Opposing Attorney: Elliot J. Wiener • Expert Witness: Jonathan Gould, Ph.D. • Facilitator: Judith E. White 2:45 PM – 2:50 PM BREAK 2:50 PM – 3:15 PM Remarks from the Bench Hon. Saralee Evans/Hon. Harold B. Beeler 3:15 PM – 3:45 PM Questions and Answers NEW YORK COLLEGE OF MATRIMONIAL TRIAL ATTORNEYS HOW TO TRY A CUSTODY CASE October 8th and 9th, 2013 Sponsored by: The Benjamin N. Cardozo School of Law The New York County Lawyers’ Association The New York Women’s Bar Association CONFIDENTIAL PSYCHOLOGICAL EVALUATION OF JON MORGAN, PhD Re: Hilary Jones v Jeffrey Jones, Index#:1234/2012 Hon. John Delaney 18 Supreme Court Street New York, New York, 10001 Dear Judge Delaney: Pursuant to the court’s order, I undertook a forensic study in the above-captioned matter. Ms. Jones was seen on December 20, 2011 for an hour and a quarter, on December 27, 2011 for one hour, on December 29, 2011 for three quarters of an hour, on January 8, 2012 for one hour, on January 10, 2012 for three-quarters of an hour. We met again on February 23, 2012 for three- quarters of an hour. Mr. Jones was seen on November 21, 2011 for one hour, on December 8, 2011 for fifty minutes, and on February 2, 2012, for one hour. Laura Jones was seen on February 23, 2012 for one half hour. A joint observational interview of Laura and her mother was held on January 20, 2012 and lasted forty minutes. I met briefly with Laura following the joint interview. A joint observational interview of Laura and her father was held on March 2, 2012 and lasted forty minutes. I met briefly with Laura following the joint meeting. Ms. Jones’ psychiatrist, Dr. Karl Semper was interviewed on March 18, 2012 Laura Jones’ neuropsychologist, Dr. Emily Goldstein was interviewed on March 19, 2012. Laura Jones’ sixth grade class room teacher, Ellen Speaks was interviewed on March 20, 2012. SUMMARY AND COMMENT In directing this forensic study the court sought information to assist in its deliberations regarding custody, access and decision-making for Laura Jones (date of birth, June 22, 2000) should her parents not reach agreement. The court also sought my opinion with regard to which party should have custody, and what access arrangement is most suitable for Laura. Laura Jones is an intelligent and exuberant twelve year old who currently attends sixth grade at Public School 13. As a result of performing very poorly in school, in 2009 she was referred to Dr. Emily Goldstein, a child psychologist, for neuropsychological evaluation. Laura was subsequently diagnosed with Attention Deficit Hyperactivity Disorder, and prescribed Concerta, which she currently takes on a daily basis.