Family Law Section

Minutes January 11, 2006

PRESENT: Steve Gunn, Judge Hilder, Judge Jones, Rick Hummel, Rob Parrish, Dena Sarandos, Stewart Ralphs, Louise Knauer, Kellie Williams, Marcie Keck, Al Pranno, Angela Fonnesbeck, Adam Caldwell, and Marty Custen (by phone)

Approval of Minutes: Stewart Ralphs moved for the adoption of the minutes on November 9, 2005. Dena Sarandos seconded and they approved without amendment.

Budget Reports: November 30,2005 balance sheet reflects total funds of $16, 669.50. That does not include any expenses for the December holiday party, which were indicated to be approximately $2,100.00. Steve and Stewart agreed to review their records to make certain that the contribution to "and justice for all" had been made.

Post Divorce Group Therapy/Divorce Care: Steve Gunn announced that he was made aware of a post divorce program sponsored by and held by the Southeast Christian Church styled "Divorce Care." He indicated that he went to the one session and found it beneficial. The committee agreed that while there is no desire to endorse that particular program that it would be useful to get the word out to members of the section to make inquiries as to whether there were other groups similar. Judge Jones indicated that there is an extensive list of self-help groups in the Ogden newspaper. Marcie Keck indicated that there used to be a community resource manual. It was generally agreed that it would be useful to have a list of like resources and that the webpagel newsletter committee should add a section to the newsletter with self-help1 divorce information groups.

Use of eMail for lntrasection Communications: Steven Gunn raised the issue that he would like to have access to other lawyers for purposes of getting feedback on particular issues on cases and questioned whether there was a mechanism for adding a "chatroom" to the website. Dena Sarandos stated that Utah Trial Attorneys have a website that successfully does this. A motion was made to have Russ Minas touch bases with Lincoln Mead to see what we need to do in order to set up a list serve for members of the section only and provide notice to the members if it could be established so that the family law section would have this "networking" system available.

Committee Reports:

Monthly Seminars: Louise Knauer reported that the Janauary 2oth CLE luncheon will address to supervised parent time. Discussion was had in regard to a February luncheon CLE addressing the issue of the drug testing and alcohol testing. Further discussion was had whether to focus the April CLE luncheon on international issues.

Spring Convention: Rick reported that Judge Hilder will be presenting Divorce Basics on the New Lawyer CLE track. Rick Hummel will address child support issues at that break out. A second break out focuses on ORS enforcement, friction between ORS and the private bar and how they can work together.

Annual Seminar: Marcie Keck reported that this committee has not met yet, but there is a desire to look for a high profile speaker and asked for suggestions from the committee. Steve indicated that May 12th is the annual seminar. Further discussion was held regarding the cost of the annual seminar. Marcie Keck agreed that the committee would report at the next monthly meeting with regard to the seminar agenda.

Annual Bar Convention: Dena Sarandos indicated that Neal Raymond Hersh of Beverly Hills, CA would present on July 14th at 10:15 and that he is requiring no honorarium but that the committee should provide a small gift or token to Mr. Hersh. As to the second session or breakout, Steven Gunn suggested that a CA Judge be secured to discuss CA law. Judge Jones indicated that he previously attended such a seminar and found it very interesting. Everyone agreed that it appeared to be a good idea.

Legislation & Rules Committee: General discussion was had in regard to mechanism which should be use for the executive committee to review and vote on proposed legislation. It was acknowledged that the time spent by the legislative rules committee should not be in vain and that the executive committee should be in a position to move promptly, including acting by email as needed. It was generally agreed that we need to reply upon input from the legislative and rules committee, though formal votes of the executive committee still needs to be taken either at the time of our meeting or through email communication.

Marriage Preparation Education: Stewart indicated that Representative Roz McGee would like members of the committee to testify. This bill was approved unanimously at the 11/9/05 meeting.

Discussion was had in regard to Kristen Brewer's feedback. Stewart moved that we support the amendment. Louise Knauer seconded it. It was a unanimous vote to support the
amendment.

Uniform Interstate Enforcement of Domestic Violence Protection Orders Act: Discussion was had previously with unanimous vote to support this act.

Uniform Mediation Act: Stewart moved to support this act given that the changes suggested by the ADR section had been made by Senator Hillyard. Rob Parrish seconded it. There was further discussion and Marcie Keck moved that we should take no position, which motion was made part of and amended Stewart's motion. Rick Hummel seconded it. The vote was unanimous that the executive committee should take no position.

Child Support Guidelines Amendments: Discussion was had about the new child support guidelines, including questions regarding the level of support, allocation of day care and medical and presumptions in regard to the dependent exemption. Stewart moved to support the amendments. Angela Fonnesbeck seconded it. A vote was taken, with one nay by Dena Sarandos, the vote motion passed that the amendments be supported.

Supervised Visitation with Domestic Violence: This act was pulled and Stewart Ralphs indicated that he understood it will be dealt with in interim committee.

Child Support Obligations, Changes in Circumstances: Stewart Ralphs requested the input of the committee by email after the executive committee addresses bill. The legislation and rules committee will act by Friday the 1 3th and solicit an email vote of the executive committee by Friday the 20".

Dating Relationship for Protective Orders: In discussion a question was posed to Stewart Ralphs as to whether the committee had an opinion. No opinion was expressed. No action was taken.

Divorce Education Amendments: Stewart Ralphs moved to support this amendment. Louise Knauer seconded it. The vote in favor in supporting this amendment was unanimous.

Emancipation of Minors Amendment: Stewart Ralphs requested the input of the committee by email after the rules committee addresses the bill. The legislation and rules committee will act by Friday the 13th and solicit an email vote of the executive committee by Friday the 20th.

Child Custody Determinations, Protective Order Amendments, Child Support Bond, Out of State Parent Time Amendments, and Child Support Amendments: As to each of these amendments, they came to Stewart Ralphs attention only the day before and the legislation and rules committee had not had a chance to review the proposed bills and amendments or make any determination as to whether they would recommend supporting those bills or amendments. It was agreed that when Stewart was able to get the text of those particular bills that he would circulate it and that the executive committee would vote by the end of the following week, or if time permitted that the vote would be taken at the next meeting.

New Business: No new business this month that was not on the agenda.

Adjournment/Next Meeting: The meeting adjourned at approximately 1:30 p.m.. The next meeting is set for February 8, 2006 at noon at the Law and Justice Center.