FOC Update on Investigations for Domestic Relations Attorneys:

It has come to our attention this morning that Kelly Lewis has accepted another position and will no longer be conducting custody and parenting time investigations for FOC.  That leaves us with quite a backlog of cases that were either already scheduled and adjourned or referred and waiting for payment.  We need your help!  I would ask you all to please take a look at all of your cases that have pending referrals to explore other options with opposing counsel while FOC works on getting a plan together for future investigations. 

Do you think these parties may come to an agreement?  Could we send them to mediation?   Is it parenting time only (send to joint meeting)?  Do you want to refer it to a third party to do an investigation and have your clients pay their fee?   Can the attorneys just discuss and work something out?   

In the meantime, FOC will be taking the following actions on the pending investigations unless we receive notice from the Attorneys of record:

·         If you have PARENTING TIME ONLY cases those will be set with the FOC Staff Attorney pursuant to the ADR LAO (attached)

·         The remaining investigations will be divided between the Referees and the FOC Director to conduct Facilitative Information Gathering Conferences (FIG Conferences, see attached ADR LAO).

·         If you are able to resolve your cases or have another avenue that you would like to pursue (such as mediation), please contact Brittany Dougherty to advise (bdougherty@PROTECTED)

Future of Investigations:

At this time, please do not refer anything else for investigation until we have a process in place.  Here are some options to pursue in the meantime:

·         Hearing: Request that the Court hold an evidentiary hearing on custody.   

·         Parenting Time only: Refer to the Staff Attorney for a joint meeting. 

·         Mediation – remember we have the community resolution center that can conduct mediation in cases where you feel that the parties may be able to come to an agreement with a third party mediator or you can refer to a private mediator.  Keep in mind, that if they are not able to come to an agreement, the community resolution center cannot do a recommendation and you will need to pursue other options at that point.

·         Third Party: parties can agree to have a third party investigate the case and submit a recommendation.  Your clients would be responsible for any fee and fees would be paid direct to the third party.  Some of you may already have some names of people that are willing to conduct these investigations.  If you feel comfortable sharing their names, we may all be able to give them some business J

Additional Notes:

·         We will be issuing checks back to everyone who paid for an investigation.  This is somewhat of a process with the system we have in place so there may be some delay in your clients receiving the checks. 

·         Attorneys of record will be allowed to attend, and participate in, all FOC ADR processes, or elect not to attend upon mutual agreement with opposing counsel and their client.  It would be FOC’s recommendation that you stipulate NOT to attend these ADR meetings as it sometimes makes it more difficult to settle the cases and creates an imbalance when only one party is represented. 

·         I will be in touch when we have a solidified plan for cases moving forward. 

Sincerely,

Brittany Dougherty

FOC Director