ILNews

Family courts for pro se parents

Back to TopCommentsE-mailPrintBookmark and Share


While family courts have been around in Indiana for the last decade, the counties that have them continue to make changes to improve access to justice to all litigants who are in the system.

A few of the upgrades since the programs first began in 2000 include cases being bundled together, education and information about non-legal services, better access to necessary documents, and starting in June 2009 in Marion County, a new in-house mediation program for low-income parties that is seeking volunteer mediators who will get paid for their time.

"When people get divorced, they think it'll be like a trip to the Bureau of Motor Vehicles," said Marion Superior Judge Robyn Moberly, the supervising judge of the Marion County Family Court Project. "They think they just need to come in, sign a few documents, and they're divorced."

Because of this misconception, she said the court staff would get frustrated because there wasn't much they could do.

This wasn't just the case in Marion County, said Loretta Oleksy, Family Court Project manager at the Division of State Court Administration. The program includes 23 of Indiana's 92 counties.

Some of the smaller counties might not need to have a family court program, she added, considering those counties might have only one court and one judge.

However, counties with large populations like Marion, Lake, St. Joseph, Porter, Vanderburgh, and Allen have litigants with multiple cases in multiple courts all happening at the same time.

With the bundling option available in many counties that have family court projects, if someone has a divorce case happening at the same time as a Child in Need of Services case, a paternity case, or even a criminal case, those cases can be grouped together so the same judge knows about all of them.

This can be helpful because sometimes there's an issue in a divorce about parenting time, said Marya Jones, the family court coordinator for Marion Superior Court. For example, if the father is given parenting time that would require him to pick up the children, but he has a pending DUI and doesn't have a license, or if there's a protective order, it would be helpful to the judge handling the divorce to know the father can't pick up the children and to arrange the custody agreement and parenting time accordingly.

Another example Judge Moberly gave was when a mother would have drug charges and a pending divorce at the same time, and the drug charges could be related to a CHINS case. With the CHINS case in the juvenile court and the divorce case in a different court in front of a different judge, the judge handling the CHINS case would benefit from knowing about the divorce case and vice versa.

As in the example of the mother with a history of drug abuse, the family court can help in other ways, she said. For instance, through Diane Griner of the service referral area of the Marion County Family Court Project, families can access services such as counselors, rehabilitation programs, job training, mental health services, or other services.

Griner works with the parents to determine if their insurance will cover any health services, and if not, she'll help them learn who can take them at a reduced rate. She then makes the initial appointment and follows up. This information is shared with the court official overseeing the case.

Indianapolis-based family law attorney Patricia McKinnon, who's been following the program, said, "From my point of view, conflicts between the parents often relate to other problems that remain unsolved in a parent's life, such as alcoholism, mental illness, etc. By treating the parent, the children can benefit from less conflict between the parents, and by a parent getting the help he or she needs with the assistance of the court staff."

Barbara Davis, who oversees the project's access program, helps parents reach an agreement that the parents are willing to live with on at least a temporary basis. The parties can meet with Davis as other issues come up.

The resource center, where parents can contact the access center and get information about services, is something Oleksy was particularly impressed with.

"It's a one-stop shop for services, referrals, and other needs," she said. "Familylaw issues cause emotional distress. To have someone who is separated from the emotional aspects of a case can be very helpful to litigants."

The center includes computers for litigants' use to download, complete, and print forms. They can also access the Supreme Court's pro se video through the center, as well as a pro se video Marion County has available. Litigants also can check out DVDs of these videos to watch at home if they can't watch at the center.

The newest program through the Marion Court Family Law Project, which is unique to Marion County, is a modest means in-house mediation program that started June 1, 2009.

By agreeing to participate they can be paid $100 per hour: litigants pay on a sliding scale and the court pays the rest for a maximum of three hours, Jones said.

Like any mediation, Jones said the litigants have a chance to have a say in what they agree to, while a judge would decide for them if they're case went to court.

"The greatest aspect of this mediation is that parents realize they can communicate and talk to each other without animosity," Jones said. "This way they can focus on what's best for their children."

Having the mediation in the courthouse is also beneficial to parties, Jones added, because "for better or worse, they already know where the city-county building is."

Another benefit, Jones said, is "we can set up child support right away by going to the office next door."

While the parties don't need attorneys to represent them at mediations, if one party does have an attorney, that attorney can look over the agreement.

Right now, the program has up to 18 regular mediators, but they're always looking for more.

Judge Moberly and Jones encouraged certified mediators looking to get experience to consider signing up for the program. To get involved, contact Jones at (317) 327-3705 or mejones@indy.gov.

To better serve litigants, the court recently received a grant for a national expert to look at what the court does and determine best practices for Marion County, which could also be applied to other counties' family court projects.

People involved in the older programs have helped the newer programs, Oleksy said, which has been helpful to all the programs.

"The programs are so varied," she added. "Every county has different challenges and resources. Populations vary in size, in terms of issues of urban and rural areas, or even different pockets of ethnicity."

On the statewide level, she added, there will soon be a client satisfaction survey offered to litigants, and two new programs will be announced in the coming weeks.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  2. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

  3. Diversity is important, but with some limitations. For instance, diversity of experience is a great thing that can be very helpful in certain jobs or roles. Diversity of skin color is never important, ever, under any circumstance. To think that skin color changes one single thing about a person is patently racist and offensive. Likewise, diversity of values is useless. Some values are better than others. In the case of a supreme court justice, I actually think diversity is unimportant. The justices are not to impose their own beliefs on rulings, but need to apply the law to the facts in an objective manner.

  4. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

  5. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

ADVERTISEMENT