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Time to move forward together

By: GREGG HERMAN//May 17, 2006//

Time to move forward together

By: GREGG HERMAN//May 17, 2006//

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Herman
Gregg Herman

Over the past few weeks, this column has examined the relationship between family law attorneys and mental health professionals. We have examined the issues from the perspective of studies of family law processes and of the use of mental health professionals in the legal process.

Now, how can lawyers and mental health professionals work together in the future to improve the family law process for all involved? Finally, what is being done to facilitate this cooperation?

In December 2005, a “summit” meeting was held in Washington at the office of the American Psychological Association. Present were representatives of the APA and representatives of the American Bar Association Family Law Section. The sole agenda item for the day-long meeting was cooperation between the two entities.

As discussed in the previous articles, there are numerous areas in which cooperation is important: Divorce lawyers need to be educated on the effect of divorce issues on parents and their children. Courts need to be educated on how their conduct affects the future of the litigants in from of them. Legislators, both state and county, need to be made cognizant of studies and research to help guide where best to spend the limited resources available.

The myriad goals identified included:

  • To conduct a needs survey of judges, attorneys and mental health professionals;

  • To conduct a review of the law and public policy with recommendation for changes;
  • To develop educational opportunities for attorneys and mental health professionals; and
  • To develop public educational materials for families involved in the legal process.

 

How should these goals be addressed? Among the ideas discussed were:

  • The creation of Web sites, or expansion of existing sites, with educational materials and other resources for families, as well as educational material for professionals;

  • The publication of special issues of relevant professional journals revolving around these specific themes and topics; and
  • The organization of continuing education meetings.

 

The list of substantive areas deserving attention is long. Some of these areas were discussed in the earlier articles in this series, but others include:

  • Psychology issues encountered by attorneys representing children and adults with disabilities;

  • Legal and clinical issues with nontraditional families;
  • Children’s access to mental health services;
  • Alternatives to the “best interests” standard; and
  • Effects of domestic violence, relocation and parental conflict and alienation on children

 

Clearly, there is a tremendous, almost intimidating, amount of work to be done. Where to start? To quote the king in “Alice in Wonderland,” “Begin at the beginning and go on till you come to the end: then stop.” Except, there will be no end and no stop. Once we begin, we must keep going.

One of the working task force groups which will start working on these goals will be planning a joint meeting between the ABA FLS and the APA for April 30-May 4, 2008 in Chicago. This time, however, the meeting is designed to be only one aspect of an ongoing relationship. Both before the joint meeting and afterward, the two groups intend to work together to improve this area of law and of life for all involved.

To quote another famous character, Rick, in “Casablanca,” “This is the beginning of a beautiful friendship.”

Gregg Herman is a shareholder with Loeb & Herman S.C. in Milwaukee.He can be reached at www.loebherman.com or sending an e-mail to [email protected].

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