Advanced Family Law – Live in Fort Wayne – Nov. 16

Join Fort Wayne Attorney Neil Hayes and an esteemed faculty panel for our annual discussion of family law issues at the conveniently located Grand Wayne Center in Fort Wayne.

TOPICS:
Family Law Update
– Andrew Soshnick

Family Law at your finger tips: The Family Law Notebook
– Thomas Massey

Ethical Considerations in Using and Responding to 3rd Party Discovery
– Paul Leonard

Avoiding the Family Feud (Cooperative/ Collaborative Practice)
– John Brandt

Appellate Matters for Family Lawyers
– Michael Michmerhuizen

Emerging Ethical Considerations of interest to Family Lawyers
– Debra Dubovich
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Luncheon:
Our day-long agenda includes a networking luncheon in the bright and airy Gallery Room of the Grand Wayne Center. So, bring your questions and leave with answers from this informal and engaging program.
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FACULTY:
Cornelius Hayes
Hayes & Hayes, Fort Wayne

John H. Brandt
Beckman Lawson LLP, Fort Wayne

Debra Lynch Dubovich
Levy & Dubovich, Merrillville

Thomas A. Massey
Massey Law Offices, Evansville

Michael H. Michmerhuizen
Barrett & McNagny LLP, Fort Wayne

Andrew Z. Soshnick
Faegre Baker Daniels LLP, Indianapolis
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ADVANCE FAMILY LAW
A Masters Series Seminar
6 CLE / 1 CME / 2 E – Thursday, November 16; 9:00 A.M. – 4:30 P.M.

LIVE IN-PERSON ONLY SEMINAR
– Grand Wayne Center, Fort Wayne

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

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ALC: “Screw Drivered by Opposing Counsel”

ALC: “Screw Drivered by Opposing Counsel”

James J. Bell, ICLEF's Amateur Life Coach

This week, Simon Property Group Attorney Angela M. Hopper seeks advice from the Amateur Life Coach after being “screw drivered” by an opposing counsel.

Questions for the Amateur Life Coach?
Submit questions for the Amateur Life Coach to iclef@iclef.org

You can also follow the Amateur Life Coach on Twitter and Facebook:
Twitter: @AmtrLifeCoach            Facebook: “The Amateur Life Coach”

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Written and performed by James J. Bell. Produced by the Indiana Continuing Legal Education Forum. This video is for informational purposes only and should not be used as a substitute for professional advice.

About James J. Bell – James is an experienced criminal defense and legal ethics lawyer.  For over 17 years he has defended individuals facing criminal charges. James also regularly provides advice to attorneys and law firms on difficult ethical issues.

In addition, when businesses are confronted with the need to conduct internal investigations, he not only advises, but directs them through the nuances of that process.

James has served as a major felony public defender in state court, and currently is a Director on the Indiana Federal Community Defenders Board.  James is a regular contributor to The Indiana Lawyer on criminal law and legal ethics topics.  He also has served as an adjunct professor at Indiana University, Robert H. McKinney School of Law teaching professional responsibility. Follow James on Twitter at @jamesjbell

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

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Trial Court Properly Recognized & Enforced a Foreign Court’s Custody Order

Family Law Case Review

Case: Maimouna Coulibaly v. Eric Stevance
by Mike Kohlhaas, Bingham Greenebaum Doll

HELD: Indiana trial court properly recognized and enforced a Malian court’s custody order, over Mother’s objection that the order was unenforceable under the UCCJEA because Mali’s child custody laws violate fundamental humanrights.

FACTS AND PROCEDURAL HISTORY: Mother and Father are both dual citizens of France and Mali. In 2001, they married in Mali and later had two children together.  Father filed for divorce in Mali in 2008. At a hearing there, Mother testified that she wished to move away from Mali, and that Father had been abusive to her. Father denied the abuse claim, and expressed concern that Mother might kidnap the children. Both parties requested custody. Before the Malian court could rule, Mother took the children and moved to France. The Malian court subsequently issued an order granting custody of the children to Father.

Mother never returned the children to Father, and after unsuccessfully contesting the custody order in Mali and France, Mother moved to Indiana, where she continued to challenge the order. At a trial in Indiana, Mother presented evidence of corruption in Mali and of widespread female genital mutilation (“FGM”), which Mother feared the daughter would be subjected to. The Indiana trial court ultimately concluded that that Malian child custody order was entitled to enforcement and that the Indiana court lacked jurisdiction to modify it. Further, Mother was ordered to return the children to Father. That order was stayed pending Mother’s appeal.

Indiana’s adoption of the UCCJEA includes a provision that essentially allows an Indiana court to disregard a foreign custody order, “if the child custody law of a foreign country violates the fundamental principles of human rights.” The interpretation of this so-called “escape clause” was a matter of first impression in this case.  Mother’s arguments that Malian law violated principles of human rights included that its laws favor men over women. The Court of Appeals acknowledged that Malian law treats men and women in different ways, but their custody laws ultimately provide for a “best interests of the children” standard. As to the application of gender differences, “we simply cannot say that they are so utterly shocking to the conscience or egregious as to rise to the level of a violation of fundamental principles of human rights.”

The Court of Appeals also rejected Mother’s arguments based upon the FGM issue: Under the UCCJEA “our scrutiny is limited to Mali’s child custody law and not on other aspects of its legal system, including the law (or absence of law) concerning FGM.” Failing to prove that Mali’s custody laws violate fundamental principles of human law, the trial court properly ordered that the Malian custody decree should not be disturbed by the Indiana court.

The trial court’s order was affirmed.

To view the text of this opinion in its entirety, click here: Maimouna Coulibaly v. Eric Stevance

 

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James A. Reed and Michael R. Kohlhaas of Bingham Greenebaum Doll represent clients in a wide spectrum of relationship transition and wealth planning matters, including premarital agreements, estate planning, cohabitation, separation, divorce (especially involving high net worth individuals and/or complex asset issues), custody, parenting arrangements, adoption, and domestic partnerships. Bingham Greenebaum Doll, a multidisciplinary law firm serving regional, national, and international clients, is the fourth-largest law firm in Indiana. The firm’s main practices include corporate, property, litigation, labor, government law, and personal services law. Visit the firm’s website at www.bgdlegal.com.

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

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Advanced Interdisciplinary Collaborative Practice Workshop – Nov. 9-10

Collaborative Practice specialist Victoria Smith leads a two-day workshop to further engage those trained in collaborative practice.

Agenda Day 1:
• Introductions/Goals/Learning Objectives
Overview of Collaborative Process & Professionals

• Advocacy in a Settlement Context – Role play
Redefining the Role of the Advocate
What we keep from traditional advocacy and what’s new
The Spectrum of Advocacy within Collaborative Practice
Understanding Conflict – Role play

• Overview of Interest-based Negotiation
Spectrum of Interests/Core Concerns
The Neuroscience of Interest-based Negotiation – Role play

• The Synergy of Neutrals and Advocates

• Key Communication Skills
Active Listening
Reframing
Non-defensive Questioning
“I” Statements

• Understanding Fairness
Question & Answer

Agenda Day 2:
• Roadmap of the Team Case
Comprehensive Team Protocols

• Initial Client Meeting – Role play

• The Role of the Law in an Interest
Based Process Understanding Power

• The Interplay between Fairness, the Law & Interests

• Option Generation

• Questions & Answers
Wrap-up & Closing
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National Speaker:
Victoria Smith, Victoria Smith Collaborative PC
A Toronto family lawyer with over 30 years of experience. Her passion and life work is to help clients to resolve their separation and divorce wisely and with dignity, and to support an evolution in the legal profession from adversarial advocacy to conflict resolution advocacy. Over 15 years ago, she confined my practice to out-of-court settlement work using Collaborative Law/Collaborative Practice and mediation. She has successfully resolved hundreds of mediations and collaborative cases. She provides workshops to collaborative professionals across North America and internationally to critical acclaim.

She is an empathic and solution-oriented lawyer and mediator, with a recognized capacity to negotiate creative settlements that meet her client’s needs and goals. She believes in educating, coaching and empowering her clients through a separation process that successfully prepares them for the future. Her goal is to help her clients receive their best possible outcome with the least possible emotional and financial turmoil.
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Bring a mental health or financial professional & save….
Receive 50% off tuition of second and third professional after first registrant pays full tuition.

To take advantage of this tremendous savings, simply use the following discount codes when prompted at “checkout” and the second and third registrant receive 50% off tuition after the first registrant pays full tuition:
Discount Code for One Colleague = 1colleague
Discount Code for Two Colleagues = 2colleagues
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ADVANCED INTERDISCIPLINARY
COLLABORATIVE PRACTICE WORKSHOP
12 CLE / 12 CME – Thursday & Friday, November 9-10

LIVE IN-PERSON ONLY SEMINAR
– ICLEF Conference Facility, Indianapolis

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

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