Family
Division Administrative Judge
Ed Kelly appeared before the
NH House Children & Family
Law Committee today along with
the Rockingham and Grafton Supervisory
Judges and Family Division Administrators
making a panel of five.
There were genuine expressions
of a desire to maintain an open
dialogue between the Family
Division and the Legislature.
The Representatives in attendance,
without exception, reflected
the fact that the system is
tragically broken and referred
to the testimony, emails, and
stories that they have heard
over the past several months.
Here are few examples:
Rep.
Bickford: The
Coalition has a foothold in
the courts. Why is it
that judges attend Coaltion-sponsored
training and conference presentations
but there is no judicial education
on the importance of fathers
in a child’s life. The
Coalition is against fathers.
GALs have an impact on the ‘uncontested
cases’ too. Men often
surrender after an unfavorable
GAL report. How are GAL
complaints handled?...Ex parte
orders are too easy. Judges
are erring on the side of caution,
but it’s something that ruins
people’s lives.
Rep.
Bettencourt:
What’s your position on HB529?...Why
bother with mandatory mediation,
if one party knows they’ll win
if they hold out for the court
ruling?...I’m a believer in
hard numbers, statistics.
How can it be explained that
mothers are awarded custody
5 times more often than fathers?
Rep.
Matarazzo: How
are judges and marital masters
trained?... Are they trained
in child development?...
Children need two parents.
Rep.
Cady: Is there
a way for the court to get feedback
or track outcomes of rulings?
We should not have to wait until
there’s mass public outcry to
realize that something is going
wrong… I have a perception
that the court docket on a given
day rules the way that judges
act. I’ve seen impatience
on the part of judges that impacts
rulings…I have received so many
emails and phone calls on HB529/HB640/HB450,
the support issue is one that
bothers me. I’ve heard
from fathers who’s children
don’t want to visit because
the dad doesn’t have any money
left for activities with his
children.
Rep.
Gile: How is
the “best interests of the child”
standard defined? Our
committee had a UNH graduate
student research this in NH
and other states, and we’ve
had a difficult time finding
any objective criteria.
Rep.
Blanchard: Are
cases ever followed up?
Do judges learn from their mistakes?
As a system, do we ever review?
How do we correct the fact that,
system-wide, fathers are pushed
out of children’s lives?
Rep.
Souza: Attorneys
are exacerbating the situation.
Should the lawyers be required
to attend the four-hour Child
Impact Seminar? How do
we improve on follow through
and implementation of court-ordered
visitation orders? There
is no redress when these orders
are ignored.
Rep.
Walz: There
is a perceived bias that judges
favor mothers. Different
judges act differently.
I see an old guard of judges
that give less shared parenting.
Shared parenting is in the best
interest of the child.
How can we help to move the
judiciary in this direction?
Rep
Ginsburg: We’ve
heard such heart-wrenching testimony.
Isn’t there any way for these
cases to be redressed?
So,
folks, it seems that all of
your efforts to educate the
members of the NH House Committee
on Children and Family Law have
been working! We need
to keep it up. This is
a long process and we must be
resolute, vigilant, and tireless.
We also need to continue to
build numbers and build support.
Talk to your friends, relatives,
and anyone else who might be
sympathetic to this noble and
just cause.
I’m
sure that you’re interested
in Judge Kelly’s answers to
the questions posed. It
was a two-hour hearing.
I’ll try to summarize.
Also, the hearing was recorded
via video and audio. We’ll
try to get streaming video and/or
audio up soon.
In
the meantime, here’s a summary
of Judge Kelly’s position:
The Family Division
recognizes that there’s a better
way to do business. We
are open to change. We
have followed the hearings.
We’ve watched the NH Outlook
Family Law special. We’re
not defensive. The Family
Division is open to and welcomes
a dialogue with the legislature.
We don’t typically hear about
‘systemic problems’ because
we’re usually focused on individual
cases. We need to be about
change. We need to listen.
Very
positive, very encouraging stuff.
However, the true test is yet
to come. The true test
is whether these words will
be followed by action, by change.
Change is never easy.
And it takes time. Unfortunately,
our children are growing up.
Time is a luxury that we don’t
have. We need to continue
our course, keep building, and
keep the pressure on.
We’ll work with anyone and everyone
who’s willing to move towards
a better way, a better system
for NH’s children of divorce
or unmarried parents.
Special thanks to all those
who showed up in support at
the hearing: Bruce Blandin,
Mike Geanoulis, Eileen Cipnick,
John Dawley (and his mobile
NHCUSTODY.ORG and NCFCNH.ORG
signs), Eric Ostman, Mark Stigliano,
Charlie Gronski, Dom Tringale,
Chris Matses, and Michael Cavanaugh
(wearing a “STOP the war on
fathers” t-shirt).
So,
take some encouragement from
this hearing. And know,
too, that your efforts so far
have made a difference.
Then, let’s get back to work.
This job needs finishing…and
there’s still so much to do!
Justice Is Coming,
Robert Chase |