NJSBA Family Law Section

Good afternoon Family Law Section members,

On Wednesday, March 9, NJICLE will present Webcast- Family Court and Autism from 12 to 4 p.m.

Divorce can be traumatic for children, and especially so for children with special needs, whose families often face daunting financial, educational, and logistical challenges securing services for them, especially during the age of COVID. High conflict cases heightened the challenges in deciding custody, parenting time, and day-to-arrangements for children with autism when parents can’t agree on anything. There is a substantial risk that the child will regress and become unstable in such cases. Family courts and attorneys must give special consideration to arrangements for children with autism.

The below factors are very important in considering which parent is best equipped to assist the autistic child on a daily basis and to oversee the child’s development and progress with intensity and consistency.

FACULTY
Co-Moderators:
Hon. Lawrence R. Jones (Ret.)
Mediator and Former Superior Court Judge
Lawrence R. Jones, LLC, Toms River
Joni Jones, R.N.
Toms River
Recipient, Elizabeth Kellogg Award for Excellence in Nursing

Speakers:
Bianca Coleman, PhD, NCSP, BCBA-D
Behavior Therapy Associates, Somerset
Carmen Diaz-Duncan, Esq.
Newsome O’Donnell, Morristown
Francesca O’Cathain, Esq.
Certified by the Supreme Court of New Jersey as a Matrimonial Attorney
Fellow, AAML
Lesnevich, Marzano-Lesnevich, O'Cathain & O'Cathain, LLC, Hackensack
S. Paul Prior, Esq.
Hinkle Prior & Fischer Attorneys at Law, Lawrence Township

This program will review the criteria that attorneys should be using when deciding on arrangements for children with autism, including:
• Each parent’s role in obtaining the initial diagnosis of autism and any delay caused by a parent in obtaining the diagnosis.
• Each parent’s acknowledgement and acceptance of the child’s autistic disorder, as opposed to a denial of the condition.
• Each parent’s role in obtaining early intervention and therapy for the child, and the reasons for any delay in attempting to obtain services for the child.
• Each parent’s ability to reinforce and follow through on daily recommended behavioral interventions for the autistic child, and the level of participation the parent has in working with the autistic child.
• Each parent’s history of increasing his or her education on the needs of an autistic child, by attending seminars, joining autism support groups, seeking private professional assistance and engaging in other reasonable self-education techniques.
• Each parent’s history of willingness to be a tireless and effective advocate for the autistic child, and ability to do so.
• Each parent’s ability to handle the emotional and psychological stress involved with raising an autistic child on a daily basis.
• Each parent’s understanding and appreciation of the window of opportunity concept and the importance of early intense intervention and potential consequences to the child and family if intervention does not take place.
• The quality of the special education (either in public school or private school) the child will receive while in the parent’s care.
• Why joint custody may not be in the best interest of the child
• Why the best interest of the child standard can differ with children with autism
• Parenting schedules and the need for routine with a child who has autism
• Removal and autism
• Appointment of child psychologist and other mental health experts
• Appointment of Guardian Ad Litem
• Child support, alimony and equitable distribution
• Emancipation
• Financial considerations
• The need for creativity by the courts when deciding arrangements for the autistic child
• New developments regarding children with special needs relevant to family law practitioner in light of the 2021 case, Y.B. v. Howell Township Board of Education

CLE Credits:
NJ CLE information: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 4.5 hours of total CLE credit. Of these, 1.0 qualify as hours of credit for diversity and inclusion.
NJ CLE: This program has been approved for 4.5 credits (50 minute hour), including 1.0 diversity and inclusion credit.
PA CLE: 3.0 substantive and 0.5 ethics credits pending ($16 fee – separate check payable to NJICLE must be submitted at the end of the program)
NY CLE (nt): 3.5 professional practice and 1.0 diversity, inclusion and elimination of bias credits

The tuition for NJSBA members is $150. The general tuition is $190.

Click here to register for Webcast- Family Court and Autism.

For questions or to register by phone, please contact an association representative at 732-214-8500, or by email at [email protected].

All the best,
Barb

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Barbara Straczynski
Director of New Media and Promotions
New Jersey State Bar Association
New Brunswick NJ
(732) 937-7524
[email protected]
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