Author: Admin

The ACR Elder Justice Initiative on Eldercaring Coordination (Eldercaring Coordination Initiative) wishes to commemorate the work of the Task Forces on Eldercaring Coordination with this three-year report of the progress made since the Eldercaring Coordination Guidelines were approved and adopted in 2015. The purpose of this document is to remind the organizations who joined together to develop eldercaring coordination of their initial contribution and chart the substantive developments since the Eldercaring Coordination Initiative began.

The ACR Task Force on Eldercaring Coordination was initiated in 2013, composed of twenty US and Canadian organizations (Appendix A). Their groundbreaking effort resulted in Guidelines for Eldercaring Coordination, unanimously approved by all twenty organizations in 2015. Working collaboratively and concurrently with the Florida Chapter of the Association of Family and Conciliation Courts Task Force on Eldercaring Coordination, comprised of 20 statewide entities, the ACR Task Force was able to monitor how its broad framework could be applied to the needs of elders and families in a specific state. The intention of the Task Forces was to develop the tools essential to initiate and sustain Eldercaring Coordination Pilot Sites, defined as a judge, judges or magistrates that would commit to referring at least six cases to eldercaring coordination, or a group of attorneys that would refer at least six cases through Agreed Orders. The Guidelines on Eldercaring Coordination provide Eldercaring Coordinator qualifications, ethical guidelines, grievance procedure, training protocols, and Pilot Site template.

In just two years from the very first Task Force meeting, two Inaugural Eldercaring Coordination Training took place, one hosted by the Ohio Supreme Court and the other by the Florida Chapter of the Association of Family and Conciliation Courts. Thirty-six Eldercaring Coordinators (ECs) were trained, as well as several Pilot Site Administrators and Magistrates. Immediately thereafter, five Pilot Sites were launched: Florida, Idaho, Indiana, Ohio, and Minnesota, and within Florida alone, eight pilot sites were launched. By the end of the year, the Task Forces transitioned into the ACR Elder Justice Initiative on Eldercaring Coordination (Eldercaring Coordination Initiative).

The driving force of the Eldercaring Coordination Initiative has been the strength of conviction of the Pilot Site Judges, Magistrates, Pilot Site Administrators, Eldercaring Coordinators and many others who have continued the dedication of the Task Force organizations to forward eldercaring coordination as a viable conflict resolution process for high conflict families regarding the care and safety of aging persons. Pamela Teaster, Ph.D., Director of the Center of Gerontology, and Megan Dolbin-MacNab, Director of the Doctoral Program of Marriage and Family Therapy, both of Virginia Tech University, have donated countless hours to this project. Both have been studying eldercaring coordination since the Inaugural Training in order to inform its development and promising practices.

ELDERCARING COORDINATION INITIATIVE OUTCOMES

• Significantly fewer motions to the court, and when motions were filed they were more focused on legal, rather than nonlegal, issues
• Reduction of family conflict, minimizing risks and abuse, neglect and exploitation, to respect and preserve the dignity and quality of life for aging persons
• Fewer cases to determine guardianship and in which capacity needed final determination through the court, maintaining the dignity of the elder
• Aging person and family can respond to issues quickly and privately through supported decision-making without having to wait for open dockets to address emotional, non-legal issues in court
• Awareness and appreciation of elder mediation and the general need for conflict resolution options for elders and families
• Recognition that high conflict in families is a health issue for elders
• Continuous support of Eldercaring Coordination Pilot Sites and Eldercaring Coordinators provided through Eldercaring Coordination Initiative
• Education and trainings provided locally, nationally and in Canada to increase awareness of Eldercaring Coordination
• Presentations taking place during conferences of organizations with expressed missions specific to children and families, as well as those organizations regarding elders
• Definition of family extended to reflect ONE family representing multiple generations, where the youngest benefit from the modeling of collaboration, understanding, tolerance and support as ageing loved ones reach their last chapters, leaving a legacy of peace to all those that follow

ASSOCIATED GRANTS AND FUNDING

• Federal Grant/Elder Justice Innovation Grant/Administration for Community Living Federal Grant. Innovations in Community Living awarded to Spark County Ohio Court,
• American Arbitration Association International Center for Dispute Resolution Foundation for Eldercaring Coordination Training Grant
• StayWell/Well Care Medicaid/Medicare Health Plan Provider Eldercaring Coordination Scholarship Program

INTERNATIONAL INTERESTS

• Churchill Fellowship sought by Dominique Horne, Family Consultant, Mediation and Counseling, Project Co-Ordinator, Victoria, Australia
• Funding sought by Richard Dening, Manager Adult Restorative Justice Conferencing, Dispute Resolution Branch, Department of Justice and Attorney-General, Queensland, Australia

RESEARCH

• Virginia Tech University: experts Pamela Teaster, Ph.D., Director of the Center for Gerontology and Megan Dolbin-McNab, Ph.D., Director of the Marriage and Family Doctoral Program: ongoing study of eldercaring coordination to inform the development of best practices
• University of Toronto initiating research: Michael Saini, Ph.D., Associate Professor, Factor-Inwentash Faculty of Social Work
• Sarah Gross, J.D., Pepperdine School of Law, Strauss Institute LL.M. Candidate 2018

ELDERCARING COORDINATORS TRAINING

• Hosted by Supreme Court of Ohio, Columbus, Ohio: 2015, 2016
• Hosted by Florida Chapter of AFCC, Orlando, Florida: 2015
• Next generation of training was improved through the integration of research and feedback of participants both at the training and after professional experience with the process
• Eldercaring Coordination Initiative Hosted three Continuing Education for Eldercaring Coordinators WEBINARS between 2017 and 2018

ELDERCARING COORDINATION INITIATIVE OUTCOMES

• Significantly fewer motions to the court, and when motions were filed they were more focused on legal, rather than nonlegal, issues
• Reduction of risks and decrease in safety issues of elders
• Fewer cases to determine guardianship and in which capacity needed final determination through the court
• Awareness and appreciation of elder mediation and the general need for conflict resolution options for elders and families
• Recognition that high conflict in families is a health issue for elders
• Continuous support of Eldercaring Coordination Pilot Sites and Eldercaring Coordinators provided through Eldercaring Coordination Initiative
• Education and trainings provided locally, nationally and in Canada to increase awareness of Eldercaring Coordination
• Presentations taking place during conferences of organizations with expressed missions specific to children and families, as well as those organizations regarding elders
• Definition of family extended to reflect ONE family representing multiple generations, where the youngest benefit from the modeling of collaboration, understanding, tolerance and support as ageing loved ones reach their last chapters, leaving a legacy of peace to all those that follow

Eldercaring Coordinator Maria Schlafke created and launched the Florida website hosting information about eldercaring coordination, included a login portion specifically for Eldercaring Coordinators and Pilot Site Administrators, Judge, and Magistrates.

DEPARTMENT OF ADULT PROTECTIVE SERVICES

The Florida Department of Children and Families developed forms and protocols for the identification of families for eldercaring coordination and links to court orders.

COLLABORATIONS

• American Arbitration Association Foundation
• Dispute Resolution Center, Supreme Court of Ohio
• Florida Chapter of the Association of Family and Conciliation Courts
• Florida Court Clerks and Comptrollers
• Florida Department of Adult Protective Services
• Florida Legal Aid
• Florida Office of Public and Private Guardians, Department of Elder Affairs
• Florida Office of the Attorney General
• National Adult Protective Services Association
• National Clearinghouse for Abuse in Later Life
• Ontario Bar Association, Elder Section
• Pepperdine School of Law, Strauss Institute
• Shepard Broad College of Law, Nova University
• StayWell/Well Care Health Plan Provider
• Stetson University College of Law
• Virginia Tech University, Center for Gerontology and Doctoral Program on Marriage and Family Therapy

CONFERENCES, PRESENTATIONS AND EVENTS

International Event:

• United Nations: Presented Eldercaring Coordination at World Elder Abuse Awareness Day, New York, June 14, 2018

International Conferences:

• Association of Family and Conciliation Courts Conferences, yearly from 2015-2018,
• Association for Conflict Resolution 2014-15; 2017-18
• Avant Touts, Les Enfant/Children Now 9th International Symposium. Montreal, Canada, Montreal, 2018
• International Federation on Ageing Global Conference, Toronto, August 2018 (Symposium/Workshop)

United States Presentations and events:

• American Bar Association Elder Law and Aging Annual Conference, Plenary Session, 2018
• National Association for Social Workers Southern District Conference 2018
• American Society on Aging Annual Conference 2017
• International Association of Collaborative Professionals 2017
• National Adult Protective Services Association, 2017
• National College of Probate Judges 2017
• American Bar Association Senior Lawyers Section 2017
• National Academy of Elder Law Attorneys 2016
• American Bar Association Dispute Resolution Section Miami 2016

Webinars:

• American Society on Aging 2017
• Association of Family and Conciliation Courts 2017

Statewide Conferences and Trainings:

• Ohio Dispute Resolution Conference 2018
• Ohio Judges Training 2018
• Idaho Guardianship Court Coordinators Training 2018
• Florida Chapter of the Association of Family and Conciliation Courts, yearly from 2015-2018
• Florida State Guardianship Conferences 2015, 2017, 2018
• Florida Circuit Judges Conference 2014-15, 2017
• Florida Dispute Resolution Conference 2014, 2016
• Wisconsin Attorney General’s Task Force on Elder Abuse, 2018

Local Programs:
Presentations have occurred locally in Pilot Site states including judges and court staff training, local Bar Associations, Public and Professional Guardianship Organizations, government committees, nursing homes and independent living facilities, faith-based institutions.

SPREADING THE WORD!

Articles Appearing in National Publications:

Family Court Review, 2015

Conflict Resolution Quarterly 2015

BiFocal, Journal of the American Bar Association Commission on Law and Aging 2015

Experience, American Bar Association, 2015, 2017

NASW News, National Association for Social Work, 2015

Aging Today, American Society on Aging, 2016

Journal of the American Academy of Matrimonial Lawyers 2016

National College of Probate Judges, 2017

National Association of Elder Law Attorneys, 2018

Friendly Passages News Letter for the Rupert J. Smith Law Library

Statewide News:

Florida Chapter of the Association of Family and Conciliation Courts Task Force Newsletter 2017, 2018

Office of the State Court Administrator Final Friday Communique 2018

Florida Central Region Adult Protective Services Newsletter 2017

The Neutral, Florida Dispute Resolution Center 2016, 2017

CantonRep.com, Connecting Stark County 2016

Florida Bar News 2016

Florida Psychological Association 2016

Court News Ohio 2015

Florida Daily Business Review 2015

Herald Tribune Sarasota 2015

NOTEWORTHY LINKS

• United Nations Presentation, June 14, 2018, in commemoration of World Elder Abuse Awareness Day (Initiative Co-Chairs: Linda Fieldstone, Sue Bronson, Judge Michelle Morley)
  • http://webtv.un.org/search/2018-world-elder-abuse-awareness-day-moving-from-awareness-to-action-through-a-human-rights-based-approach/5797702171001/?term=&lan=English&cat=Meetings/Events&sort=date&page=5
• Hardcopy of UN Presentation can be found on The NGO Committee on Ageing, United Nations, New York website: http://www.ngocoa-ny.org/
• The Ohio Chief Justice welcomed over 500 attendees to their 2018 Dispute Resolution Conference, with eldercaring coordination included an example of innovation in Ohio
  • http://www.ohiochannel.org/video/chief-justice-oconnor-greeting-dispute-resolution-conference-2018
• Ohio judges training, 2018:
  • http://www.ohiochannel.org/video/court-news-ohio-judges-trained-on-cutting-the-conflict-for-elderly-care
• Manatee Educational TV: Eldercaring Coordination with Judge Lee Hayworth 2016
  • https://www.youtube.com/watch?v=srrDARtQFjM
• ACR Guidelines for Eldercaring Coordination:
  • http://acreldersection.weebly.com/resources.html
  • https://www.afccnet.org/Portals/0/PublicDocuments/Guidelines/ACR_Guidelines_for_Eldercaring_Coordinatio_AFCC.pdf
• FLAFCC Guidelines for Eldercaring Coordination:
  • flafcc.org

ELDERCARING COORDINATION INFRASTRUCTURE AND SUPPORT

• Pilot Site and Eldercaring Coordinator meetings have each taken place monthly to provide support, consultation, improvements and meet the challenges intrinsic to initiating change to existing systems, even when needed
• Trainings to increase awareness of eldercaring coordination
• Webinars to provide ongoing training for eldercaring coordinators
• Judges, Magistrates and Pilot Site Administrator trainings
• Ongoing reassessment of forms and procedures to enhance the eldercaring coordination process and Pilot Site administration

For more information check out the Eldercaring Initiative Page or contact the Elder Justice Initiative on Eldercaring Coordination Co-Chairs:

Linda Fieldstone, M.Ed. | LindaFieldstone@outlook.com

Sue Bronson, LCSW | SBronson@wi.rr.com

Judge Michelle Morley | MMorley@circuit5.org

The Board of Directors of FLAFCC invites applications or nominations for new directors. Board members are elected at the Annual Meeting in December and serve a three-year term with the option to serve for multiple terms. FLAFCC Officers (President, etc.) are selected from the Board.

The duties of a board member include attendance on monthly Board Meeting calls and at in-person Board Meetings (typically once at year at the Annual conference). Board Meeting calls occur on the last Tuesday of the month at 8:00AM. Board members are also expected to serve on committees that support the FLAFCC mission such as conference committees, membership committees, website/news committees and special projects committees. Committee membership is likely to involve extra phone conferences and/or meetings.

We seek diversity of every kind when electing board members. We are particularly dedicated to geographical diversity so that the Board represents all of Florida. You must be an AFCC/FLAFCC member to be elected to the Board of Directors. If you are interested in being a board member or would like to nominate someone, please contact the Immediate Past President and Chair of the Nominating Committee, Jill Sanders at jillsandersphd@msn.com.

By The Honorable Thomas R. Eineman
Trial court decisions regarding time-sharing and attendant custody matters continue to be reviewed frequently by Florida’s appellate courts. The matter of relocation continues to be a “hot button” issue often addressed at the appellate level. The year 2018 has been no exception. The following are the most interesting custody cases of 2018 so far:

1. Child’s mother unexpectedly died and stepfather filed a Petition for Ex-Parte Emergency Custody by Extended Family Member pursuant to Chapter 751.03, Florida Statutes. In response, the child’s father filed an Emergency Verified Motion for Child Pick-Up Order. The child had lived with her stepfather and mother for a number of years in Florida and the child’s father was currently stationed in Germany. Visitation between the father and minor child had been sporadic over the years and there was no doubt that the child wanted to continue to reside with her stepfather.After an evidentiary hearing the Court granted temporary custody of the minor child to the stepfather, determining under Chapter 61.13, Florida Statutes, that such was in the best interests of the minor child. The trial court erred in this regard. In custody disputes between a natural parent and a third party, courts should give deference to the natural parent pursuant to the common law parental preference rule, “unless and until there is sufficient proof to establish parental unfitness or substantial threat of significant and demonstrable harm to the child.” Corona v. Harris, 164 So.3d 159, 160 (Fla. 1st DCA 2015), (quoting LiFleur v. Webster, 138 So.3d 570, 574 (Fla. 3d DCA 2014). In the instant case the child’s father should have been awarded custody of the minor child unless the step-father proved either: (1) the biological father was unfit; or (2) remaining with the biological father would result in demonstrable harm to the minor child. The trial court found the father to be fit but thought it would be detrimental to the child for her to move to Germany. However, the detriment necessary to deny a natural parent custody involves something much more serious than the discomfort normally experienced by a child when moved from a familiar environment to a new one. Cause remanded for the trial court to make more findings regarding alleged detriment to the child if she relocates to Germany. Morris v. Morris, Case No, 1D16-4695 (Fla. 1st DCA 2018).
2. Trial court entered a Final Judgment of Dissolution of Marriage which provided for the parties to have shared parental responsibility concerning the minor child and provided for the father to have supervised parenting time. Although trial courts have broad discretion in determining time sharing and for the entry of parenting plans, the trial court abused its discretion by failing to accord full faith and credit to a previously entered Kentucky Domestic Violence Order of Protection under 18 U.S.C. 2265(a) and Chapter 741.315(2), Florida Statutes. The order of protection prohibited the father from coming within 500 feet of the minor child. Even though the parenting time granted by the trial court to the father was supervised the final judgment of dissolution of marriage conflicts with the terms of the Kentucky order of protection. This was even more true when the Kentucky order was direct and unrefuted evidence of domestic violence against the mother and the minor child by the father. The trial court only made passing reference to domestic violence in its Final Judgment of Dissolution of Marriage. The matter was remanded back to the trial court to make findings in accordance with Chapter 61.13, Florida Statutes, and the Kentucky order of protection. Smith v. Daniel, Case No. 1D17-4240 (Fla. 1st DCA 2018).
3. In dissolution of marriage action the wife sought production of the husband’s medical records from his psychotherapist and from other organizations that participated in the husband’s treatment. She claimed that the husband’s mental health records were relevant to the issue of child custody. The records sought were privileged and confidential but the wife argued that she demonstrated a sufficient need to overcome the privacy concerns. However, she did not allege the occurrence of a major event that would qualify as the extreme circumstance necessary to obtain the husband’s medical records given that the records are privileged. The wife was not aware of a single problem regarding husband’s care of their child but only alleged that he previously committed an act of domestic violence against her and would curse her out when they met to exchange the child. Appellate court determined that neither of the wife’s claims qualifies as the type of extreme condition that would allow the disclosure of husband’s medical records. Further, an in camera inspection would not cure the wife’s failure to demonstrate some type of extreme circumstance in order to overcome the husband’s privilege. Brooks v. Brooks, Case No. 1D17-1395 (Fla. 1st DCA 2018).
4. Trial court entered a Final Judgment of Dissolution of Marriage. Chapter 61.13(2)(b)3., Florida Statutes, requires a parenting plan to contain a designation of residence for school attendance. The designation of residence for school attendance must be made based on the best interests of the child. The determination of the best interests of the child is made by evaluating more those factors affecting the welfare and interests of the child as set forth in Chapter 61.13(3), Florida Statutes. Although the trial court is not required to address each of the factors set forth independently, it must, at a minimum, find that its timesharing determination and school designation is in the best interests of the child. The trial court was reversed because it failed to consider the factors set forth in Chapter 61.13, Florida Statutes, in its determination of school designation. Bruce v. Bruce, Case No. 5D15-2136 (Fla. 5th DCA 2018).
5. The trial court erred when it determined that Florida’s relocation statute set forth in Chapter 61.13001, Florida Statutes, did not apply when an individual is deported. The wife was from the Philippines and the court provided in the Final Judgment of Dissolution of Marriage that if the wife’s request for citizenship is denied she may take the child with her and go back to the Philippines. The plain statutory language demonstrates that the relocation statute is applicable whether a party relocates voluntarily or involuntarily. Also, the trial court erred when it determined now that the wife may relocate with the child sometime in the future (when her citizenship application is denied). This prospective based analysis is improper and a decision regarding relocation must be made at the time of the final hearing in accordance with Arthur v. Arthur, 54 So.3d 454 (Fla. 2010). Castleman v. Bicaldo, Case 4D17-827 (Fla. 4th DCA 2018).
6. Trial court entered a Final Judgment of Dissolution of Marriage that provided for a rotating custody arrangement which was to last for approximately the next twenty months. When the Final Judgment was entered the husband resided in Florida and the wife resided in Alabama and the parties would meet at a halfway point to exchange the child. The trial court determined that when the child became school age (after twenty months) that the child would reside with the wife for the majority of time in Alabama. This was error and was another case of a trial court erroneously deciding now about time sharing reside in the future. The trial court was ordered to delete from the Final Judgment any reference to a custody determination in the future. Preudhomme v. Preudhomme, Case No. 1D17-1615 (Fla. 1st DCA 2018).
7. Wife filed for dissolution of marriage and then relocated to another state with the parties minor child without first obtaining a court order or agreement from the husband that she could relocate. During the pendency of the case the parties entered into an agreement that the child would remain in Mother’s custody pending the outcome of a scheduled mediation. If the parties were unable to reach an agreement during mediation, either party would be able to file a motion for temporary relief pending trial. Father would have one month of timesharing in the summer, which required that he would pick the child in Michigan, as well as timesharing over winter break. Additionally, the agreement provided, “Father shall not be prejudiced should the child end up attending school in Michigan pending a scheduled mediation or trial date.” The agreement specifically provided that Father reserved his right to litigate the issues raised in the emergency motion at the time of trial. The stipulation specified that it was “a temporary agreement without prejudice to either side taking a different, new, or conflicting position later.” Thereafter, during his summer time sharing, the husband filed a motion seeking to be allowed to keep the child with him in Florida because the wife had not filed a petition to relocate in accordance with the statute. The language of the agreement demonstrated that the husband had in fact agreed to a temporary relocation by the wife with the parties child and therefore it was not necessary under the statute that the wife file a petition to relocate. Gimonge v. Gimonge, Case No. 5D17-2747 (Fla. 5th DCA 2018).
8. In post-dissolution action the trial court previously entered an order providing that the Former Husband would have majority time sharing with the parties minor child and that both parties must provide a residential address to the other parent. The Former Husband thereafter filed a motion with the court alleging that the Former Wife did not provide a residential address and after hearing, the trial court ordered that the Former Wife would not have any time sharing with the minor child until she provides her address. This was error, as a trial court cannot modify a parenting plan or time sharing arrangement as a sanction for contempt of court. Trial court must make its custody and timesharing decisions based upon the best interests of the minor child. Lewis v. Juliano, Case No. 4D17-2544 (Fla. 4th DCA 2018).
9. The parties were in a dissolution of marriage action. The Husband was an active member of the United States Navy and during the dissolution of marriage action was transferred to Guam. Pursuant to Chapter 61.13002(2), Florida Statutes, the Husband designated his parents to exercise his timesharing while he is stationed in Guam. The Wife argued that Chapter 61.13002(2), Florida Statutes, was not applicable because the Husband’s assignment to Guam was a permanent change of station as defined by the Navy, and not a temporary assignment as would be required to invoke section Chapter 61.13002(2), Florida Statutes. The trial court erred when it designated the Husband’s parents to exercise the Husband’s time sharing while he was stationed in Guam. The Court determined that Chapter 61.13002(7), Florida Statutes, provides that a permanent change of station by military personnel is governed by Chapter 61.13001, Florida Statutes, and the move by the Husband to Guam was not a temporary assignment which would trigger Chapter 61.13002, Florida Statutes. In its decision the appellate court analyzed how the military defines a temporary assignment, which is generally not longer than 180 days. Overstreet v. Overstreet, Case No. 1D17-4463 (Fla. 1st DCA 2018).
10. Both parents and their children were residents of Ohio. The trial court granted a Final Judgment of Injunction for Protection Against Domestic Violence after the Mother and minor children came to Florida from Ohio and after the Mother claimed she was a victim of domestic violence. The trial court erred when it entered the injunction, as Florida lacked personal jurisdiction over the Respondent. The trial court identified three grounds on which it based its exercise of personal jurisdiction: (1) that the Respondent “has family living in Florida”; (2) that the Respondent “has ‘sent’ the Mother and the children to Florida on approximately six occasions in the past”; and (3) that when the Mother and children came to Florida in the past the Respondent would come and visit. None of these facts supports personal jurisdiction over the Respondent under Chapter 48.193, Florida Statutes, the long-arm statute. There is no safety exception to the requirements of the long-arm statute, and lastly, this was not a proper exercise of the court’s emergency jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act, as the injunction action was not a custody dispute and the UCCJEA does not establish an independent basis to exercise jurisdiction over the Respondent. Youssef v. Zaitouni, Case No. 2D17-926 (Fla. 2d DCA 2018).

The Honorable Thomas R. Eineman serves as a Circuit Court Judge in the Fifth Judicial Circuit, Hernando County, Florida. His current docket assignments are domestic relations, domestic violence and other civil orders of protection, and the unified family court. Judge Eineman is a past president of the Citrus-Hernando Inn of Court and is a member of the domestic violence committee of the family law section of the Florida Bar. He previously served on the Marital and Family Law Certification Committee of The Florida Bar and was a member of the Steering Committee for The Florida Bar’s publication Florida Dissolution of Marriage, Sixth Edition. Judge Eineman is the author of the Florida Family Law Trial Notebook, a practitioner’s guide to the practice of marital and family law. Each year he updates the book with new case law and statutory changes.
Judge Eineman will be a presenter at the FLAFCC Conference to be held in Orlando September 26-28, 2018.

By Ann M. Ordway

As if high conflict families are not complicated enough, adding a stepfamily dynamic into the mix adds multiple additional layers to sort. Professionals working with court-involved families in a variety of roles often include new partners and the children of those partners in evaluations and therapeutic interventions for good reasons. Understanding the implications associated with blending elements of a new family with the pre-existing dynamics of the old is critical for success. Professionals need to identify and navigate a balance between competing interests in the management and resolution of conflict and difficult tasks become even more challenging.

What is a stepfamily?

Simply, a stepfamily is a family where at least one parent has children that are not related to the other spouse or parent genetically or through adoption. Most stepfamilies seem to form following the separation of unmarried parents or the divorce of married parents, but some stepfamilies form following the death of a parent and the remarriage of the other.
According to national records and reports, more than 50% of all marriages end in divorce and a large percentage of those divorced individuals eventually remarry. It has also been reported that approximately two-thirds of all couples entering relationships with children from prior relationships also divorce or break up. More than 30 million children in the United States live with a biological parent and that parent’s new partner or spouse and it is not uncommon for those children to experience the re-coupling of both parents. It stands to reason, therefore, with the rate of separation and divorce amongst re-coupled parents with children, that many children are actually introduced to multiple stepfathers or stepmothers during the course of their lives.

Myths

Iconic images of stepfamilies depicted through television and the movies have long perpetuated a variety of myths about how such families function. The most notorious of all stepmothers, Cinderella’s father’s second wife, represents the epitome of the manipulative and cruel stepmother and her story sets the stage for an oblivious biological father who dies while clueless to the strained relationship between his small daughter and the woman he has married and her own two rather unpleasant daughters. In contrast, the tale of Mike Brady, the single father of three boys meeting and marrying Carol Martin, the single mother of three girls paints a picture of a relatively effortless happily ever after. Of course, there is no explanation of what happened to the original other parents no grief, no parenting time, no extended family. Everyone seems to get along well and through the life of the television show The Brady Bunch, there are only two episodes that even mention the concept of a stepfamily. The media has done little to truly provide a valid idea of what to expect and though books have certainly been written about stepfamily dynamics the suggestions about what works and what does not can vary widely. In fact, each family is different and the proverbial one size does not fit all. To the extent that the stepfamily varies, the way the stepfamily meshes or doesn’t, with the family of origin in the aftermath of its demise will also vary widely.

Potential Issues

It can be tortuous in the context of a high conflict divorce for two former spouses to try to communicate. A stepmother, or stepfather as the case may be, might exacerbate the problem in some instances – especially where the new spouse is a pot-stirrer or the former spouse engages in sabotage. However, relationships can actually improve where a positive connection can be forged between the former spouse and the new one. It is an unenviable position for any individual to be caught in the midst of the desires of a new spouse and the demands of a former partner. It is no easy task for a professional to mediate those differences to the satisfaction of all.

Sometimes, just because two adults become enamored with one another, to envision having a storybook romance does not mean that their children will get along or even like each other. There are a lot of logistics associated with merging families. Can they reasonably expect his teen daughter to share a room with her 6 years old? Should she move into his house or should he move into hers? Or should they find a new house big enough for everyone? Where one parent is the primary custodial parent of their children, should those children who are full-time residents with the new couple have different privileges and benefits than those children that merely visit a few days a month. When the new couple cannot agree on house rules, whose rules prevail? and how is that reconciled for children from two different families of origin? What happens when the rules in the other house create conflict over the rules in the stepfamily home?
The choppy waters of these dynamics can conjure additional considerations as the new couple contemplates whether or not to have a child together. What impact will it have when the ex-wife learns that the new wife will quit her job to stay home with the new baby Or when the new husband finds himself paying for the needs of her children from a prior marriage because the child support is insufficient. Resentments often build and cause additional polarization, thus leaving professional interventions taxed when the focus is shifted from the needs of the original family to consideration of how the dilemmas of the new family extension impact the children.

Strategies for Balancing Competing Interests

The children, all children, are the most important consideration in any case with a stepfamily dynamic. Sometimes adults, in their enthusiasm about crossing the threshold for a new life, fail to adequately consider the needs of the children or put the needs of some children over the needs of others, thinking it will all work out. Compromise is an art and the professional, whether an evaluator, parenting coordinator, lawyer, mediator, or therapist must look at the big picture and not just a snapshot a corner of the family.

As noted above, each case and each family is different. It is important to review the nuances of this family rather than automatically applying ideas and principles that have been known to work in a more general sense. For any intervention, it is critical to first understand and respect the journey. How the children met the new stepparent and any stepsiblings, the timing of the new relationship and marriage, the circumstances of the original divorce or divorces are factors that will impact how new relationships evolve and how those new relationships affect the pre-existing one. Good advice is rooted in factoring in the needs of all parties concerned and striving for compromise.
Relationships in stepfamilies are what they naturally evolve to be but sometimes there is a lot of effort needed for there to be any integration at all. Professionals cannot ignore the stepfamily component of a case and should not ever assume that it is irrelevant.

 
Ann Ordway, JD, Ph.D., is a Counselor Educator at the University of Tennessee Chattanooga. She is a family court veteran, having been an attorney, parenting coordinator, and child advocate for many years. Ann is the matriarch of her own successful stepfamily, with a combined total of 9 children. This article is based upon a webinar presented by the author for AFCC in August 2017 and an article that appeared in the Ask the Experts column of AFCC e-news.

Dear FLAFCC members and friends:

Hello from your President and Board.

At our annual Membership meeting and Board meeting in December, we had four members complete their terms or leave the Board and three new members elected. We were sad to see The Honorable Ariana Orshan Fajardo, The Honorable Jon Johnson, The Honorable Michele Morley, and Rose Patterson of OSCA leave the Board. We are so grateful for their contributions to FLAFCC and know they will continue to support FLAFCC and its mission.

We welcomed our new Board members Maria Gonzalez, Esq., Yueh-Mei Kim Nutter, Esq. and General Magistrate Amanda Wall who have been hard at work. These new members showed a great deal of enthusiasm and innovative ideas during our planning session exploring future activities of FLAFCC. We are very fortunate to have an enthusiastic and hard-working Board who are all ready at work on various committees, projects, and tasks.

2018 has already been and is expected to continue to be a busy year for FLAFCC. We plan to host several regional trainings on various topics at sites across the State. Our 14th Annual Conference (no not ground hog day! It’s still 14th since last year’s conference was cancelled) will be held September 26 through 28, 2018. The main conference will be September 27 & 28 with the afternoon of September 26 providing pre-conference tracks that will provide specific information on topics relevant to the various professional groups that comprise FLAFCC (mental health providers, Judges, lawyers, mediators, and financial professionals).

The conference will again be held at the Florida Hotel and Conference Center in Orlando, FL. FLAFCC will once again partner with the Office of the State Courts Administration (OSCA) to present this high-level training event. Our 2018 conference chair, Sheba Katz, Ph.D. and our planning committee, have been working hard to make preparations around this year’s conference theme: Open Minds: Diverse Services for Diverse Families. Additional information is available on our website at www.flafcc.org.

While historically our members have been and continue to be one of our most valuable sources of presenters for our conferences, this year we are pleased to not only draw from our pool of talented members but also have additional stellar speakers. As always, the conference will give you excellent practical information for your practice as well as the opportunity to network with some of the brightest and best in their fields in the various professional areas that help Florida’s families as they are involved in our courts while they are in crisis.

This year’s conference theme is consistent with the ongoing efforts of FLAFCC to explore and support the implementation of alternative dispute resolution tactics in order to provide less adversarial alternatives to family disputes. Additionally, our organization recognizes that the increasing diversity of the populations we serve is requiring adjustments to the way we all help the families with whom we work. This diversity ranges across ages, ethnicities, family systems, legal systems, etc. Because we all work in an ever-changing landscape, we know that this year’s conference will help us all set and maintain the highest standards of the services we provide.
In addition to our efforts to provide quality training opportunities, we hope to expand our web page, offer webinars, and other members-only content to show our gratitude to our loyal members.

One significant focus of our planning session was on the sustainability of our organization by increasing our membership. While there are many fine professional organizations available to provide offerings to our members, we feel that both the AFCC and our Florida Chapter provide unique information because of the combination of our member-professionals in the Court System, the local and state Bar Associations, Mental Health providers, Mediators, as well as CPA’s and other financial providers. All of these professionals are necessary for providing a quality outcome for the families we serve. The Board discussed a variety of excellent ideas and will prioritize them in upcoming meetings. There are excellent opportunities for participation by our members on committees, to assist with regional trainings, and to recruit colleagues at a local level to FLAFCC. Please do not hesitate to contact me, or any Board member, if you would like to be more involved in your Florida chapter.

I also want you to join our excitement about the successes of several of FLAFCC’s special projects. The Honorable Michelle Morley and Linda Fieldstone have spent several years spearheading the Elder Care Coordination (EC) project. They brought this project forward from inception to implementation over the last several years. To date, EC coordination has been piloted in 8 judicial circuits for 28 months. Judge Morley and Ms. Fieldstone will be presenting a workshop at the International Federation of Ageing’s Global Conference in Toronto in August and have been invited to present a training on Elder Care Coordination for the United Nations. A large managed care entity for Medicare and Medicaid has provided funds to support their qualified team members in providing services. The Medicaid entity will support their eligible members in obtaining services recognizing that stress has serious physical health consequences.

We are seeing the building of energy for our new project that is taking off headed by Robert Merlin, Esq. and the Honorable Sandra Karlan, ret. Based on recommendations from the Florida Supreme Court, we created The FLAFCC Task Force on Family Court Intake: Coordinating A Comprehensive System For Florida Family Courts to develop an intake process that will provide information, make referrals to legal or social services, and assist self-represented litigants with the various services that are available when they first encounter the court system and attempt to navigate their way through its complexities. Volunteers ready to roll up their sleeves are welcome.

Finally, please check out our website at www.flafcc.org for ongoing updates, additional information, to update your membership, and for new additions. If you have any suggestions for projects or want to join a committee, please send those to me or a member of our Board. We are excited about how this year has been progressing and we look forward to seeing each of you at the annual conference in September!

Best Regards,

Debra A Weaver, PhD.

SPONSORSHIP / EXHIBITOR LEVELS
FLAFCC 14th Annual Conference
September 26-28, 2018
Platinum Level: $5,000.00

• 2-day Conference registration for 4 representatives of the company/organization
• 4 Reserved seats at plenaries
• Information display table
• Sponsor provides and disseminates swag at one plenary
• Recognition as Host of the Charity Event with 2-3 mins. talking time
• Listed as a Sponsor on conference materials and FLAFCC website

Gold Level: $2,500.00

• 2-day Conference registration for 3 representatives of the company/organization
• 3 Reserved seats at plenaries
• Information display table
• Sponsor breakfast with logo displayed on onsite signage
• Sponsor provides and disseminates swag at one plenary
• Listed as a Sponsor on conference materials and FLAFCC website

Silver Level: $1,500.00

• 2-day Conference registration for 2 representatives of the company/organization
• 2 Reserved seats at plenaries
• Information display table
• Co-branded Sponsor: coffee breaks with logo displayed on onsite signage
• Listed as a Sponsor on conference materials and FLAFCC website

Bronze Level: $1,000.00

• 2-day Conference registration for 1 representative of the company/organization
• Listed as a Sponsor on conference materials and FLAFCC website
• Listed as one of the hosts of the luncheon
• Information display table

Partner Level: $500.00

• 2-day Conference registration for 1 representative of the company/organization
• Listed as one of the hosts of a coffee break
• Listed as a Sponsor on conference materials and FLAFCC website

Contact Maria Gonzalez: mgonzalez@ybkglaw.com| 954-809-3311
Exhibitors: (does not include conference registration)
Level 1: $400.00

• Information display table
• Listed as an Exhibiter Recognition on conference materials and FLAFCC website
• Meals for 1 representative of the company/organization for the 2-day conference

Level 2: $500.00

• Information display table
• Listed as an Exhibiter on conference materials and FLAFCC website
• Meals for 1 representative of the company/organization for the 3-day conference (includes preconference

Advertisers: (does not include conference registration)

• Full page ad in conference materials $250.00
• Half page ad in conference materials – $200.00

Contact Maria Gonzalez: mgonzalez@ybkglaw.com| 954-809-3311

Thank you to our 2018 Conference Sponsors:

Fayr

Florida Academy of Collaborative Professionals

Byrd & Byrd

Robert Merlin, P.A.

KarlanResolutions, LLC

Wagstaff Law Office, P.A.

Family Law Section of the Florida Bar

Center for Divorce Education

Matthew Lundy Law

Soberlink

SLI Global Solutions

Family Law Software

Unhooked Books

 
SPONSORSHIP / EXHIBITOR REGISTRATION FORM
FLAFCC – 2018 Sponsorship Registration form – pdf