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AFCC NEWS ASSOCIATION OF FAMILY AND CONCILIATION COURTS Professionals dedicated to improving the lives of children and families through the resolution of family conflict www.afccnet.org Volume 24, Number 4 Fall 2005 Return to New Orleans in 2009 AFCC Annual Conference Relocated to Florida The AFCC 43rd Annual Conference, originally scheduled for New Orleans, will be relocated to the Westin Innisbrook Resort in Tampa Bay, Florida. The conference will take place over the original dates, May 31-June 3, 2006. President Hugh Starnes said that the decision to relocate was a difficult one, but something that was in the best interest of AFCC members. “We wanted to take enough time and give ourselves every opportunity to hold the conference in New Orleans,” he said. “But due to the ongoing uncertainty about the status of New Orleans, we felt that we needed to make a move.” Conference Committee Co-chair (and New Orleans resident) Leslye Hunter returned to her home in suburban Metairie and provided AFCC staff with first hand updates. “Based on the reports and lack of a local planning committee, it would not have been possible to give our members the kind of conference they have come to expect,” said AFCC Executive Director Peter Salem. “We were fortunate that the Sheraton New Orleans helped us relocate and is welcoming us back for our 2009 Annual Conference. We are also grateful to our members for their incredible support and patience. I have received dozens of telephone calls and emails with promises to participate in the conference regardless of the location. There is an impressive level of loyalty and commitment among AFCC members.” continued on page 6

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Page 1: AFCC News Fa2005...January 15, April 15, July 15, and October 15. AFCC News Advertising Advertising copy must be camera ready and payment made in U.S. funds. AFCC Non-members member

AFCC NEWSASSOCIATION OF FAMILY AND CONCILIATION COURTS

Professionals dedicated to improving the lives of children and families through the resolution of family conflict

www.afccnet.org

Volume 24, Number 4 Fall 2005

Return to New Orleans in 2009

AFCC AnnualConferenceRelocated to FloridaThe AFCC 43rd Annual Conference, originallyscheduled for New Orleans, will be relocatedto the Westin Innisbrook Resort in Tampa Bay,Florida. The conference will take place overthe original dates, May 31-June 3, 2006.

President Hugh Starnes said that thedecision to relocate was a difficult one, butsomething that was in the best interest ofAFCC members. “We wanted to take enoughtime and give ourselves every opportunity tohold the conference in New Orleans,” he said.“But due to the ongoing uncertainty about thestatus of New Orleans, we felt that we neededto make a move.”

Conference Committee Co-chair (and NewOrleans resident) Leslye Hunter returned toher home in suburban Metairie and providedAFCC staff with first hand updates. “Basedon the reports and lack of a local planningcommittee, it would not have been possible togive our members the kind of conference theyhave come to expect,” said AFCC ExecutiveDirector Peter Salem. “We were fortunate thatthe Sheraton New Orleans helped us relocateand is welcoming us back for our 2009 AnnualConference. We are also grateful to ourmembers for their incredible support andpatience. I have received dozens of telephonecalls and emails with promises to participatein the conference regardless of the location.There is an impressive level of loyalty andcommitment among AFCC members.”

continued on page 6

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2 ASSOCIATION OF FAMILY AND CONCILIATION COURTS

AFCC NewsVol. 24. No. 4 Fall 2005

EditorDavid Vigliotta

Contributing EditorsCandace WalkerNola Risse-Connolly

Published by AFCC6525 Grand Teton PlazaMadison, WI 53719-1085Tel: 608.664.3750Fax: 608.664.3751Email: [email protected]: www.afccnet.org

AFCC News is a publication of the Association of Family and Conciliation Courts and is publishedfour times a year. Deadlines fornews items and advertising areJanuary 15, April 15, July 15, and October 15.

AFCC News AdvertisingAdvertising copy must be cameraready and payment made in U.S.funds.

AFCC Non-members member

Full page(7 1/2” x 10”) $425 $600

Half page(7 1/2” x 4 7/8”) $300 $450

Quarter page(3 5/8” x 4 7/8”) $150 $250

AFCC NEWS FALL 2005

AFCC StaffExecutive DirectorPeter Salem, [email protected]

Program DirectorCandace Walker, CMP, [email protected]

Marketing and Development ManagerDavid [email protected]

Registrar and Office ManagerDawn [email protected]

Program AssistantNola Risse-Connolly, [email protected]

AFCC Board of DirectorsPresidentHon. Hugh StarnesFort Myers, FL

President ElectMary M. Ferriter, J.D., M.P.A.Boston, MA

Vice President/SecretaryHon. William C. FeeAngola, IN

TreasurerRobert Smith, J.D.Fort Collins, CO

Past PresidentLeslye Hunter, M.A.Metairie, LA

Board MembersRichard L. Altman, J.D.Napoleon, OH

Wendy Bryans, LL.B.Ottawa, ON, Canada

Annette T. Burns, J.D.Phoenix, AZ

Hon. George CzutrinHamilton, ON, Canada

Hon. Linda M. DessauMelbourne, VC, Australia

Robin M. Deutsch, Ph.D.Boston, MA

Cori Erickson, M.S.Sheridan, WY

Linda B. Fieldstone, M.Ed.Miami, FL

Stephen Grant, M.A.Wethersfield, CT

William J. Howe III, J.D.Lake Oswego, OR

Hon. Emile KruzickOrangeville, ON, Canada

C. Eileen Pruett, J.D.Columbus, OH

Philip M. Stahl, Ph.D.West Palm Beach, FL

Janet Walker, Ph.D.Newcastle upon Tyne, England

AFCC is an interdisciplinary and international association of professionals dedicated to the resolution of family conflict.

MissionTo improve the lives of childrenand families through theresolution of family conflict.

VisionA justice system in which allprofessionals work collaborativelythrough education, support andaccess to services to achievethe best possible outcome forchildren and families.

Values• Collaboration and respect

among professions anddisciplines

• Learning through inquiry,discussion and debate

• Innovation in addressing theneeds of families and childrenin conflict

• Empowering families to resolveconflict and make decisionsabout their future

All views expressed in the AFCC News are those of indi-vidual contributors and do notnecessarily reflect the opinions of AFCC.

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AFCC NEWS FALL 2005

ASSOCIATION OF FAMILY AND CONCILIATION COURTS 3

I would like to take this opportunity to sharesome very progressive, but behind the scenes,steps that AFCC is taking. For the last 14months, AFCC has been working on an organi-zational effectiveness project funded by a grantfrom the William and Flora Hewlett Foundation.The project was designed to examine ourstrengths, weaknesses and opportunities asan organization.

The grant enabled us to retain three highlyqualified consultants to assess AFCC’s capacityfor influence, member services and internalmanagement. These consultants engaged ourBoard of Directors and project committee in aprocess of self-examination and benchmarkedAFCC against similar non-profit associations.

These are some of the highlights offered bythe consultants based on their research andinterviews with AFCC peer organizations:

• AFCC is viewed by its peers as a “bestpractice” organization from a managementperspective. We have achieved substantialsuccess in the quality of our conferencesand publications. Our initiatives on familylaw education reform, parenting coordinationguidelines, court services and child custodyevaluation model standards are viewed ascutting-edge.

• Our peers admire our work and our organiza-tional effectiveness and are impressed with theamount of production from AFCC’s comparablysmall staff.

• Our conferences and publications are consid-ered “state of the art.”

• One of our strengths is our growing member-ship. AFCC membership has grown by nearly50% over the past three years, while similarorganizations have struggled to avoid a declinein membership.

• Our chapter membership is a special strength;the membership of our eight chapterscomprises 38% of our total AFCC member-ship. Our membership growth seems to becorrelated with our chapter growth. Theconsultants recommend that we considerincreasing the number of chapters, includingexploration of some form of chapter member-ship for international members.

Of course, it is gratifying to receive suchpositive reviews; however, the purpose of the

project was to help make AFCCa stronger and more effectiveorganization. Toward that end,one important observationoffered by the consultants isthat the product of much of ourwork, the final utility of ourcutting-edge ideas, is the imple-mentation at the local level.

I am hopeful that we will beable to do more in the future toencourage and assist withimplementation at the locallevel. For me, this is whatAFCC was about long before Ibecame active in the parent organization.Whether through AFCC Chapters, other organi-zations or ad hoc committees and task forces,professionals at the local level must be catalystsfor change in the family law system.

Strategies for convening leading profession-als that have been successful include: periodic“Lunch and Learn” brown bag meetings inMissouri; an interdisciplinary “Round Table” inMaryland focused on improving the family lawcourt system; and several jurisdictions in Floridaare structured to promote change and improvecommunication and relationships amongprofessionals.

I know some jurisdictions have mentorshipand consultation programs to help broaden expe-rience and bring along new professionals. Maybeyou have an idea or another method of organiz-ing interdisciplinary professionals for change. Ifeel strongly that we’re all in this together and wewould like to hear your ideas about how AFCCideals can be passed on to the professionals inyour community.

Our Board of Directors will consider theconsultant’s report and its conclusions andrecommendations at some length. I believe thisprocess solidifies our organization as one thatis progressive, pro-active, and that is seriouslystriving to get stronger and more effective. If youhave thoughts or comments on any of thesesubjects, please share them with me by emailingme at [email protected], with a copy toAFCC Executive Director, Peter Salem, [email protected].

President’s Message

Hon. Hugh StarnesAFCC PresidentFort Myers, Florida

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AFCC NEWS FALL 2005

Yogiisms (n): quotes of Yogi Berra,who, besides being a baseball player,was also famous for fracturing theEnglish language in provocative,interesting ways.

“It’s like déjà vu all over again.”

In late August, as HurricaneKatrina neared her mark, Idrafted my bi-annual report tothe AFCC Board of Directors,noting the steady growth andfinancial health of our associa-tion. I tempered my enthusiasmwith the recommendation that weput something aside for a rainy

day (a metaphor I would later delete from thedraft report). After all, we recalled all too well thefinancial losses incurred only four years ago aftercanceling the AFCC conference scheduled forSeptember 13-15, 2001 in New York City.

Of course, AFCC’s 9/11problems paled in comparisonto those who experiencedgenuine loss and suffering.And as we plan our 2006Annual Conference, originallyscheduled for New Orleansnext spring, we know thatmost AFCC members willexperience few real lossesfrom Hurricane Katrina. Sure,we now pay more to fill ourcars and heat or cool ourhomes, but we still have ourhomes. As Katrina sweptthrough the gulf and her after-math destroyed everything inher path, I watched the newswith the same queasy feelingthat I had four years ago onthe morning of September 11,2001 in the Chicago airport asmembers of the AFCC stafftried to board a plane forLaGuardia. I thought of AFCCfriends and colleagues just as

I thought of our colleagues in New York. Andonce again, the AFCC office was deluged withcalls and emails asking if there was anything thatcould be done.

“It ain’t over till it’s over.”The authorities turned off all of the televisions

at O’Hare International Airport just after thesecond tower was hit, so we had virtually nooutside information. But I had a plan. First, Ibooked a backup flight into LaGuardia that after-noon. When the airport closed, I announced toour staff that we’d stay overnight in Chicago andfly to New York the next morning for the confer-ence that was to begin in two days. They lookedat me as though I was from another planet. Well,nobody ever accused me of being quick to catchon. But I’ve always heeded the words of WoodyAllen who said that 80 percent of success isshowing up. If the conference was going to becancelled, it wasn’t going to be because theAFCC staff didn’t show up.

In the days immediately following Katrina,we learned that the Sheraton New Orleans washousing evacuees and that some bars in theFrench Quarter opened their doors as gatheringplaces. AFCC leadership made it clear we wouldbe patient and not abandon New Orleans prema-turely, even as the most dreadful news crossedthe wires. If we could show up, we would. Andmany of our members contacted us and saidthey would show up too. We waited, with greatpatience, until it became clear that having aconference in New Orleans next spring was notgoing to be possible. Like our conference in NewYork, this one, too, will take place. It’s just goingto have to wait a few years.

“When you come to a fork in the road,take it.”

Apparently this Yogiism was uttered whenthe Yankee catcher gave directions to his NewJersey home, noting that following the fork ineither direction would lead to his house. The onlydifference would be the road traveled. Well, inMarch 2002 we finally held our conference inNew York. That conference spawned our NewYork Chapter and a strong AFCC presence inNew York. New Orleans has been good to AFCC.It has given us two of the largest and mostsuccessful conferences in our history. Just likethe road to Yogi’s home and our New York confer-ence, all roads lead AFCC to New Orleans. Thistime, that road is filled with potholes and detours,and we are going to be delayed for a few years.

New Orleans has

been good to AFCC.

It has given us two

of the largest and

most successful

conferences in

our history.

4 ASSOCIATION OF FAMILY AND CONCILIATION COURTS

Message from the Executive DirectorYogiisms, Resiliency and AFCC

Peter SalemAFCC Executive DirectorMadison, Wisconsin

continued on page 9

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AFCC NEWS FALL 2005

ASSOCIATION OF FAMILY AND CONCILIATION COURTS 5

Linda Fieldstone, AFCC Board Member fromMiami, FL, is Supervisor of Family Court Ser-vices of the 11th Judicial Circuit. She is currentlyserving as AFCC Florida Chapter President.Linda prefers to operate under the radar, and atfirst she declined the opportunity to be featuredin the AFCC News. She finally agreed andexplains why at the end of this profile.

When did you first hear about AFCC?After our fourth child entered pre-school, Ibecame a Guardian ad Litem as a reentry towhat I hoped would become a crossroad in myprofessional career. The Miami-Dade Guardianad Litem program is very well developed and myexperience with the 19 children I representedwas inspirational. There was so much more that Iwanted to do and the next step was to become afamily mediator. In 1991, at the mediation course,the instructors spoke about an organization thatpromoted interdisciplinary understanding andcollaboration. After seeing what the system waslike without professionals working together, Iknew that AFCC was something I wanted tosupport, so I joined.

How did you become involved? Forabout 10 years I sent in my dues and lookedforward to the Family Court Review. Then oneday I received a letter from a judge (HughStarnes) inviting me to a meeting to discussinterdisciplinary collaboration on a statewidebasis. I wondered how this judge from Fort Myersgot my name in the first place? (I can now thankJudges Judith Kreeger and Sandy Karlan forthat.) Entering the room, I had no idea my lifewas about to change. In a breakout group I vol-unteered to take the notes, reported later on theoutcome of our discussion, and fell into a posi-tion to help start the AFCC Florida Chapter.

What was the “hook” that kept youactive? That’s an easy answer – the people!In both the chapter and the parent organizationI had the feeling of walking into a candy store.If you love chocolate, you may be able to relate!There was always so much to taste, to connectwith on a professional level, to exchange, tomodel. I was in awe just to be included. Plus,once I was involved I never really had the time tothink twice about it.

What role doesFLAFCC/AFCC play inyour life at this point?Through the relationships Ihave made along the way,I began to see the FloridaChapter and AFCC like family.My kids and grandkids can tellyou that I am pretty nosy, soit’s no surprise that I usuallyend up in the “secretary role”(taking notes means I get toknow everything that’s goingon). My husband will tell youthat I have saved everythingover our 35 years together; so,the more than 6,000FLAFCC/AFCC messages accumulated on mycomputer is not surprising. Becoming a tempo-rary historian for the Florida Chapter was natural.

So, why did you do this profile? I firstdeclined… I felt embarrassed. It was actuallymy kids that framed this as anopportunity. Participating inFLAFCC and AFCC has beenso enriching in my life and help-ful to my family. I often say itgives me something else toworry about. I also thought theremay be someone out there thatmight read this and think ofbecoming more involved too.I have found each professionalso willing to share, discuss anddebate, and each committeeproviding a source of collabora-tion and insight. Eachopportunity has been bothprofessionally and personallyrewarding. There is alwayssomething to prompt a thoughtor light a creative spark, to takeback to my teammates at FamilyCourt Services. And there isusually a sense of pride thatwhat I have learned may help those families thatI work with every day. Doing this profile gives mea chance to say thanks.

M E M B E R P R O F I L E

AFCC Committee Chair, Linda Fieldstone, M.Ed.

Linda Fieldstone AFCC Board MemberMiami, Florida

There is always

something to

prompt a thought

or light a creative

spark, to take back

to my teammates

at Family Court

Services.

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Family Law EducationReform Project Draft for CommentThe Family Law Education Reform Project: Draft forComment has been completed. The Report is postedon the AFCC Web site at http://www.afccnet.org/about/fam_law_tf.asp and is being sent to deans of nearly 200law schools. The Report proposes a major curricular reformin family law teaching, and emphasizes three componentsto make the 21st century curriculum more effectivelyprepare students to deal with family law as it is actuallypracticed:

(1) Teach law students that the contemporary family courtis often an interdisciplinary enterprise, where psycholo-gists, social workers, non-lawyer mediators, and othersmay wield extraordinary power.

(2) Stress the multiplicity of dispute resolution processesand treat litigation as one alternative, which is usefulonly in a small minority of cases.

(3) Emphasize competence and skills, and teach buddinglawyers to be reflective and self-aware in the practiceof law.

The Family Law Education Reform Project (the “FLERProject”) is co-sponsored by the Association of Family andConciliation Courts and the Center for Children, Familiesand the Law at Hofstra Law School. The Report was basedon a series of dialogues between family law academicsand practitioners from many disciplines, a FLER Projectsurvey, and research conducted by law students at HofstraUniversity and Northeastern University. The Co-reportersfor the Project are Prof. Mary E. O’Connell (NortheasternUniversity) and J. Herbie DiFonzo (Hofstra University). TheFLER Report will be published in the Family Court Reviewin 2006, in a special issue that will include commentaryfrom judges, law professors, and family law practitioners.

AFCC NEWS FALL 2005

6 ASSOCIATION OF FAMILY AND CONCILIATION COURTS

Family Court ReviewOnline “Table ofContents” AlertsLogging onto Family Court Review (FCR) online just gotbetter! Members can now register for free “Table of Con-tents” email alerts. When registered, the alerts are sentto your email address. The alerts will notify memberswhen FCR is posted online and topics that are includedin the issue.

Family Court Review Online

Westin Innisbrook ResortIn addition to a fabulous conference, the Westin Innis-

brook Resort is a wonderful place to kick back and relaxand bring the family. Conference attendees can lookforward to a pool party and recreational activities utilizing72 holes of championship golf, tennis and fitness center,bicycle paths, six miles of nature trails, the Loch NessMonster Pool and Spa (which includes two waterslides, asandy beach and cascading water falls) and fresh waterfishing. Golf and tennis clinics are available for all ages and

the resort features four restau-rants on site. Participants areencouraged to leave their busi-ness suits at home and packplenty of casual clothing,sandals and sunscreen!

The Westin InnisbrookResort in Tampa Bay is offeringAFCC conference attendeesroom rates of $128, the lowestAFCC Annual Conference hotelrates since 1996! Suites with kitchenettes are availablebeginning at $148 per night. The resort is a 30-minuteshuttle ride from the Tampa International Airport.

AFCC Conference Relocatedcontinued from page 1

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Atlanta Selected for 2006 ChildCustody Evaluation and Parent Education ConferencesMark your calendars for AFCC’s Seventh International Symposium on ChildCustody Evaluations, October 19-21, 2006 and AFCC’s Seventh InternationalCongress on Parent Education and Access Programs, October 22-23, 2006.

The programs will take place at the Sheraton Midtown Atlanta at ColonySquare. The Sheraton is located in Atlanta’s vibrant, pedestrian-friendly Midtownneighborhood attached to the Colony Square Mall and just a few blocks fromtheaters, botanical gardens and incredible dining choices. It is five minutes fromexciting Buckhead and downtown, and 12 miles from the airport.

Look for updates in future issues of AFCC News and on www.afccnet.org.

Regional Training ConferenceReaches New HeightsMore than 200 participants joined AFCC in the Rocky Mountains to attend thefirst Regional Training Conference, Reaching the Pinnacle of Practice, Septem-ber 22-24, 2005, in Breckenridge, Colorado.

The new expanded workshop training format offered participants a choiceof tracks for parenting coordinators, mediators, custody evaluators and legalprofessionals. The parenting coordination track was developed based on therecommendations of the AFCC Parenting Coordination Task Force’s newGuidelines for Parenting Coordination.

AFCC would like to thank collaborating organizations: Colorado Bar Associa-tion Family Law Section, Colorado State Interdisciplinary Committee andMetropolitan Denver Interdisciplinary Committee. Special thanks to local Co-chairs Bob Smith and Christine Coates and to conference volunteers whoworked on site, including Jody Brammer-Hoelter, Mac Griffith, Chris Jones,Laurie Mactavish and Michele Tipple. AFCC anticipates the continuation ofthe new regional training conference format in the fall of 2007.

Audio CDs and CD ROMs in MP3 format from AFCC’s Regional TrainingConference may be purchased by calling Digital Conference Providers, Inc.at (630) 985-1182, or by emailing [email protected]. A freeaudio version of the Parenting Coordination and Domestic Abuse workshop isavailable in the Member Center on the AFCC Conference Audio page of theAFCC Web site at www.afccnet.org. Most conference materials are included inthe purchase of CD ROMs, making this a great way to participate in the confer-ence even if you were not in Breckenridge.

New StaffMember

AFCC is pleased to announcethe addition of new Marketingand Development Manager,David Vigliotta. After getting mar-ried in August, Dave relocatedfrom Boston, Massachusetts toMadison, Wisconsin.

Dave was previously theCommunications Manager forthe Iacocca Foundation, whichfunds innovative diabetesresearch. His credentials andexperiences include a Bachelorof Science degree in Marketingfrom Plymouth State University(Plymouth, NH), three years asthe Marketing Coordinator atOlivio Premium Products inBoston, MA, and internships atNBC Sports and the KnittingFactory record label in New YorkCity.

Originally from Millington,New Jersey, Dave is lookingforward to experiencing life inthe Midwest. In his free time,he enjoys playing guitar, skiing,golfing and spending time withhis dog, Brownie. Dave’s wife,Angela, recently obtained herMSW at Simmons College inBoston and works as an outpa-tient mental health social workerat the VA Hospital in Madison.

AFCC NEWS FALL 2005

ASSOCIATION OF FAMILY AND CONCILIATION COURTS 7

David VigliottaAFCC Marketing andDevelopment Manager

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by Lynelle C. Yingling, Ph.D., LMFT Rockwall, Texas

At the organizational meeting of the Texas Chapter ofAFCC on January 31, 2000, participants listed topics ofinterest for the Chapter to pursue. Topic number one wasdomestic violence and topic number two was the child’svoice in deciding parenting plans. Dr. Judith Wallerstein’sstrong plea for the legal system to listen and respond to theneeds of the child had sensitized many Texas members.Texas law [Texas Family Code §153.008] provides for achild aged 12 and over to sign an affidavit identifying thechild’s preference for which parent will establish primaryresidence. Many Texas AFCC members believe this statuteis a destructive way to hear children’s voices and would liketo see it changed. This concern sparked the interest in thechapter project. But in order to recommend change, anassessment of all options was necessary.

The Texas Chapter has regional groups for differentareas of the state. The Dallas-Fort Worth Regional Groupchose to focus efforts on understanding options for hearingthe voice of the child. One of the five goals in this effortwas to research professional and consumer opinionsregarding the legal methods currently used to hear thechild’s voice through development, distribution, and analy-sis of an opinion poll. The Board of Directors then adoptedthe plan as a state-wide project. An opinion poll was

designed and distributed in 2002 at four legal conferencesand one family therapy conference, as well as at the TexasAFCC Conference. The poll was also completed by parentsparticipating in a family therapy intervention research proj-ect in Dallas courts, which interviewed children. Thisproject is described in AFCC’s “Exemplary Family CourtPrograms and Practices: Profiles of Innovative andAccountable Court-Connected Programs” p. 105-6. Fund-ing resources were explored for the opinion poll project;however, funding to complete the project was not available.In 2004, AFCC member Dr. Anne Ellis agreed to run theanalysis for a much reduced fee. The report of that dataanalysis is posted on www.texasafcc.org under MemberCenter Special Projects.

In September of 2002, our annual conference themewas “A Symposium on Consideration of the Child’s Voice.”This conference explored various methods of the child’svoice being heard, as well as reporting the results of thesurvey. The following methods were included in the opinionpoll:

1. Child testifies in person in a trial;

2. Child provides an out-of-courtroom deposition with theopposing attorney;

3. Child interviews with the judge privately;

4. Child signs a legal affidavit with an attorney whosubmits to the court;

Texas Chapter Child’s Voice Research Project

AFCC NEWS FALL 2005

8 ASSOCIATION OF FAMILY AND CONCILIATION COURTS

continued on page 10

New Orleans TrainingPrograms Relocated to FloridaAFCC has relocated two training programs from NewOrleans to the University of South Florida in Tampa.Advanced Issues for Parenting Coordinators andPractitioners Working with High Conflict Families, pre-sented by Joan B. Kelly, Ph.D. will take place February7-8, 2006. Working with Children of Separation andDivorce, presented by Mindy F. Mitnick, Ed.M., M.A.will take place February 9-10, 2006.

The brochure will be mailed late November. Forfurther information on the training programs, pleaseview the AFCC Web site at www.afccnet.org and clickTraining or call (608) 664-3750.

Model Standards ofConduct for MediatorsRevision In August 2005, a revised Model Standards of Conduct forMediators was released. A joint committee comprised ofthe Association for Conflict Resolution, the American Arbi-tration Association and the Section of Dispute Resolutionof the American Bar Association issued the Standards,which were first prepared in 1994.

The updated Model Standards are designed to serveas fundamental ethical guidelines for persons mediating inall practice contexts. They continue to serve three primarygoals: to guide the conduct of mediators; to inform themediating parties; and to promote public confidence inmediation as a process for resolving disputes.

The revised Model Standards can be found in itsentirety at www.mediate.com/articles/model_standards_of_conflict.cfm.

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AFCC NEWS FALL 2005

ASSOCIATION OF FAMILY AND CONCILIATION COURTS 9

But the path we have chosen, while leading throughFlorida, will ultimately get us to our desired destination.

“You’ve got to be very careful if you don’t knowwhere you’re going, because you might not getthere.”

We will get there eventually. New Orleans, New York, orany other goals that we set. We understand that the impacton AFCC of events such as 9/11 and Katrina, are minorblips on the radar when compared to those who losthomes, livelihoods and loved ones.Yet our work goes onand AFCC members understand the importance of thatwork. And as AFCC and its members contribute to the

relief efforts, we also focus on what we can do to improvethe lives of children and families in conflict, because that iswhat we do, we know where we are going and we will getthere.

I don’t think anyone would call me an optimist, but I ampersistent. Or stubborn. Pig-headed, maybe? But I knowthat we’ll be back, because AFCC is resilient, our leader-ship and members are loyal, we have more to do and wemust come together to accomplish our goals. And as wefollow the rebuilding of New Orleans, I anxiously await theday that it becomes the subject of the final Yogiism of thiscolumn:

“Nobody goes there anymore because it’s toocrowded.”

No matter how crowded, AFCC will be there, and welook forward to having you join us.

Message from the Executive Directorcontinued from page 4

AFCC Task Force Looks atGuidelines for EducatorsWorking with Separatingand Divorcing FamiliesAFCC President Hugh Starnes has appointed a Task Force to assist educators with the challenges of workingwith children experiencing separation and divorce. AFCCanticipates publishing An Educator’s Guide to Workingwith Separating and Divorcing Families during the springor summer of 2007.

The Task Force, chaired by Barbara Steinberg, Ph.D,will examine a broad range of topics, from protocols forteacher-parent conferences and sending home information,to working with custody evaluators to provide collateralinformation. The Task Force will also explore state statutesgoverning the interactions of teachers, principals, coun-selors and school administrators with family membersexperiencing separation and divorce.

Task Force members include: Nancy Olesen(Reporter), Dick Altman, Jake Jacobson, Naomi Kauffman,Emile Kruzick, Shelley Probber, Marsha Pruett, Gary Rick,and Kay Vennie.

Look for updates in future issues of AFCC News.

Parenting CoordinationLegislation Passes inNorth Carolinaby Barbara Bartlett, Tulsa, OK

On July 27, 2005, North Carolina joined seven other stateswith new Parenting Coordination laws. Similar to the Okla-homa and Idaho statutes, North Carolina limits the ParentCoordinator’s (PC) authority to compliance and implemen-tation. The PC may not modify existing orders, and thecourt exercises exclusive control of custody, visitation andsupport. Additionally, the PC may be appointed withoutconsent.

The statute follows AFCC’s new Guidelines for ParentingCoordination by assuring that the PC is highly qualified.The PC must have background and training in workingwith high conflict families of divorce. The PC’s training isto continue with involvement in peer review and support.The statute also prevents dual roles of the PC anddisallows any other professional service to be renderedby the PC to the same parties.

The most distinctive provision to the North Carolinastatute is a mandatory meeting for the involved partieswith the judge, attorneys, and the PC. The parties areclearly informed about the PC’s role, authority, andresponsibilities. Information available to the PC, rulesof communication and fee payment are also determined.

The North Carolina PC statute can be found atwww.ncga.state.nc.us by following the “Bills Signed by theGovernor” link and clicking House Bill link “H1221.”

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AFCC NEWS FALL 2005

10 ASSOCIATION OF FAMILY AND CONCILIATION COURTS

5. Child expresses views to the Amicus Attorney/AttorneyAd Litem who testifies in court on the child’s behalf;

6. Child interviews with a mental health custody evaluatorwho testifies in court on what is in the best interest ofthe child;

7. Child interviews privately with a family counselor whothen consults with the parents and may also interviewthe child with the parents, if helpful;

8. Child participates in mediation, either privately with themediator or with parents of both.

A total of 530 participants rated the eight methodsfrom 1-10, with 10 being healthy and 1 being emotionallydamaging. The overall method rated as healthiest for chil-dren was #7: interview by a family counselor (7.4 rating).The method rated as most emotionally damaging was #1:testify in a trial hearing (2.2 rating). The use of attorneyrepresentation (#5) and mental health evaluation (#6)were both rated above 7.0. Depositions were rated at 3.1.Surprisingly, the child’s affidavit (#4) was rated at 4.9overall, though parents rated it at 4.2 compared with legalprofessionals rating of 5.4. A summary of ratings ispresented in Table 1.

Influenced by the Texas AFCC conferences to bringpublic awareness to the importance of listening to the

child’s voice, changes are occurring to improve the legalsystem’s ability to serve conflicted reorganizing families.During the spring 2005 legislative session, two very signifi-cant changes occurred:

1. Legislation was passed that puts the focus on parentingplans and authorizes the use of mental health parentingcoordinators to facilitate implementation of parentingplans.

2. A resolution was passed requesting the LegislativeCouncil to revise the Family Code by updating theterminology to be consistent with family dynamicsresearch regarding healthy co-parenting.

Both legislative actions are opening the door widerto listen to the voice of the child. Requiring and definingparenting plans at the temporary hearing level will framethe legal experience as a vehicle to hear and respond tothe needs of the child. The parenting coordinator in Texasis defined as a mental health professional who facilitatesco-parenting, with “parenting” being the operative word.Opportunities to use the mental health professional to helpthe child speak are enhanced by this new resource. Thischange is consistent with results of the opinion poll. Revis-ing the entire Family Code to change the law languagein ways that support co-parenting can bring about a truesecond order change in the system. And perhaps it allbegan with hearing the voice of a child say, “I want myMommy and Daddy to stop fighting.”

Texas Chapter Research Projectcontinued from page 8

Method of Legal Mental Health High-Conflict Other OverallHearing Child’s Professionals Professionals Divorcing Parents [n = 47] [n = 530]Voice: [n = 253] [n = 204] [n = 26]

1. Testify 2.3 2.2 2.8 1.9 2.2

2. Deposition 3.0 3.0 4.4 2.7 3.1

3. Judicial 6.9 6.8 5.8 7.5 6.7Interview

4. Affidavit 5.4 4.5 4.3 5.1 4.9

5. Attorney 7.6 7.0 5.6 7.2 7.2Representation

6. Custody 7.0 7.5 5.9 6.8 7.1Evaluation

7. Family 6.7 8.1 8.0 8.0 7.4Counselor Interview

8. Mediation 4.4 6.2 5.8 5.8 5.3

Table 1. Mean Ratings [1-10 with 10 highest] of Legal Methods of Hearing the Child’s Voice.

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AFCC NEWS FALL 2005

ASSOCIATION OF FAMILY AND CONCILIATION COURTS 11

AFCC Chapter NewsCalifornia Chapter UpdateThe AFCC California Chapter is excited to announce thelaunch of their new Web site, www.afcc-ca.org. The newWeb site features a more user friendly layout than the origi-nal site and colleagues can find the latest chapter news.

California is also excited about its next chapter confer-ence, 21st Century Children, 21st Century Needs, NewOptions for a New Age, which will take place at the OmniHotel in Los Angeles on February 10-12, 2006. For moreinformation on the conference please go to the Web site orcontact [email protected].

Previous conference organizers of the CA Chapter are developing a planning guide for future conferences.California currently alternates its conferences betweenthe northern and southern part of the state, making it achallenge to maintain the continuity of the conferences.The manual, which will offer help for future organizers, isestimated to be available in the spring or summer of 2006.

In addition to offering the new manual, the CA Chapteris also working on organizing its historical records. Projectsinclude obtaining information about tenures of boardmembers, the procedural aspects of the board and makingother organizational improvements.

Arizona Chapter UpdateIn September the Arizona Chapter of AFCC co-sponsored afull-day seminar with the Family Law Section of the State Barof Arizona in Flagstaff. The AZ Chapter also presented itsfirst mid-year conference, consisting of a full-day parentingcoordination training on October 14, 2005, in Phoenix.

The Chapter’s annual conference is set for February 3-5, 2006, in Sedona and will feature outstanding presentersand speakers, including Dr. Leslie Drozd, Dr. William Austinand Dr. Paul Amato.

New York Chapter UpdateThe AFCC New York Chapter is holding its Forth AnnualConference, Easing the Pain, Containing the Conflict inDivorce: New Research and Approaches, on December 2,2005, in New York City. The NY Chapter is pleased to havenationally renowned divorce researcher, mediator, andauthor, Robert Emery, Ph.D., as keynote speaker. Dr.Emery will present findings from his latest research onchild adjustment to divorce, long term outcomes of media-tion and the grieving process in relationship break-up. Hispresentation will be discussed by an interdisciplinary panelof distinguished experts focusing on how research findingscan be integrated into practice.

In the afternoon, the conference will offer workshops onparenting coordination, mediation and domestic violence,interdisciplinary teams in collaborative practice, andparental mental disorders in child custody. For additionalinformation, go to the AFCC NY Chapter Web site atwww.afccny.org.

Reminder: New Office LocationOur new address as of June 30, 2005:AFCC6525 Grand Teton PlazaMadison, WI 53719-1085

Our phone and fax numbers have remained the same:Phone: (608) 664-3750Fax: (608) 644-3751

ACR Awards AFCC MembersNina Meierding, J.D., AFCC member from Ventura,California, was awarded the John Haynes Distin-guished Mediator Award at the annual conferenceof the Association for Conflict Resolution, October 1,2005, in Minneapolis, Minnesota. Nina is a frequentand popular presenter at AFCC conferences andis a former president of the Academy of FamilyMediators.

John Helie of Berkeley, California, co-founder ofthe popular Web site www.mediate.com, was awardedthe Mary Parker Follet Award for his creativity andinnovation in introducing technology to the field ofconflict resolution. John has been a presenter andexhibitor at numerous AFCC conferences.

AFCC Members Write OnAFCC Board member Robert M. Smith, J.D. is the editor ofThe Role of Child and Family Investigator and the Child’sLegal Representative in Colorado, a new book from theColorado Bar Association.

Of 27 contributing authors to the 25-chapter book, overhalf are AFCC members. AFCC members who contributedto the book are:

Have you written a book? We want to let others knowabout new books in the field by AFCC members. Pleasesend information to David Vigliotta, Editor, AFCC News,at [email protected].

• Kevin Albert, Psy.D.

• William G. Austin, Ph.D.

• Robert Backerman,L.C.S.W.

• Glynna Baker, M.A., J.D.

• Edward Budd, Ph.D.

• Christine Coates, J.D.

• Susan L. Elkins, Esq.

• Bill J. Fyfe, Ed.D.

• Elizabeth Holman, M.A.

• E. Robert LaCrosse,Ph.D.

• Andrew Loizeaux, Psy.D.

• Wendell Osorno, Ph.D.

• Robert M. Smith, J.D.

• Theresa Spahn, Esq.

• Shirley Thomas, Ph.D.

• Sue Waters, M.A., L.P.C.

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AFCC NEWS FALL 2005

12 ASSOCIATION OF FAMILY AND CONCILIATION COURTS

AFCC Award NominationsAFCC is seeking nominees for the following awards, to bepresented at our 43rd Annual Conference in Tampa Bay,Florida, May 31 – June 3, 2006.

John E. VanDuzer Distinguished Service Award:Recognizes outstanding contributions and/or achievementsby members of the Association of Family and ConciliationCourts.

Stanley Cohen Research Award: Recognizesoutstanding research and/or research achievements inthe field of family and divorce.

Irwin Cantor Innovative Program Award: Recognizesinnovation in court-connected or court-related programs.

If you would like to nominate someone for one of theabove awards, email your nomination to David Vigliotta [email protected]. Please specify the award for whichyou are submitting a nomination. Include your name,address and telephone number along with the same infor-mation for the nominee. Please include a brief statementof no more than 600 words as to why you believe thenominee is a good candidate for the award. The nominationdeadline is March 15, 2006. For further information onaward criteria and nominating instructions, please visitwww.afccnet.org.

Electronic submissions in Word or WordPerfect arepreferred; however, you may also send a hard copy ofyour nomination to:

AFCCAwards Committee6525 Grand Teton PlazaMadison, WI 53719-1085Fax: (608) 664-3751

AFCC Distinguished ServiceAward NamedThe AFCC Board of Directors voted to name the associa-tion’s Distinguished Service Award for Justice John E.VanDuzer (ret.), AFCC’s first Canadian President andlongtime active member.

Hon. John VanDuzer served as AFCC President in1983 and retired from the bench in 1991; however, he andhis wife Joan continue to regularly attend AFCC AnnualConferences. The VanDuzers have been generous contrib-utors to the AFCC Resource Development Fund and theysponsored the first AFCC Innovation Mini-Grant last year.The John E. VanDuzer Distinguished Service Award willbe presented at AFCC’s 43rd Annual Conference, May 31-June 3, 2006, at the Westin Innisbrook Resort in TampaBay, Florida.

AFCC Board of DirectorsNominationsThe AFCC Nominating Committee is seeking the names ofindividuals to serve on the AFCC Board of Directors. Rec-ommended individuals must be AFCC members and havean interest and knowledge of AFCC and its work.

Nominations must be received by January 15, 2006,in order to be considered by the committee prior to electionat the 43rd AFCC Annual Conference, May 31 – June 3,2006, in Tampa Bay.

If you or another member you know is interested inserving on the AFCC Board of Directors, please forwardname, contact information and a resume to:

Leslye HunterChair, Nominating Committeec/o AFCC6525 Grand Teton PlazaMadison, WI 53719-1085Fax: (608) 664-3751Email: [email protected]

Win Free Membership!Keep Your Email Address Up-to-DateIf AFCC has your email address you are eligible for afree AFCC membership. During the first week of Janu-ary 2006, a drawing will be held among all memberswith emails in our membership database. The winnerwill receive their next year’s membership free!

Please logon to the Member Directory on theAFCC Web site to double check if your email is listedand accurate. To update or provide a new emailaddress, please send an email to Dawn Holmes [email protected] by January 1, 2006.

If your email does not need to be updated you donot need to do anything. All members that have previ-ously provided their email addresses will be includedin the drawing.

AFCC will not distribute or publicize your emailaddress beyond listing it on the AFCC MembershipDirectory, available only to AFCC members. The win-ner will be announced in the next issue of AFCC Newsand notified directly, by email, of course!

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ASSOCIATION OF FAMILY AND CONCILIATION COURTS 13

AFCC NEWS FALL 2005

New AFCC Publications Available!Mediation: Essays from the Family Court ReviewA selection of ten articles covering topics from the field of mediation.Price: $17 for AFCC members, $20 for non-members.

Other new Essays from the Family Court ReviewInclude:• Overnights and Young Children: This collection of essays previously

published in the Family Court Review examines the long-standing debateon overnights and young children in separating and divorcing families.Price: $17 for AFCC members, $20 for non-members.

• Domestic Violence: This volume features topics that include domesticviolence and child protection, partner violence and risk assessment in child custody evaluations, gay and lesbian victims of violence, and teendating violence. Price: $17 for AFCC members, $20 for non-members,

AFCC Members Receive a 15% Discount on Publicationsand Quantity Discounts onPamphletsAFCC’s pamphlets are a great way to help parents strug-gling with separation and divorce. Written in easy to under-stand language, these pamphlets are helpful and effectivesources of information and are the perfect supplement toyour professional services. With a wide variety of topicscovered, there is a pamphlet for just about every situation.

CLOSEOUT SALE ON ALL VIDEOS – 50% OFF!!!

AFCC will no longer be issuing its VHS collection,which includes the popular John Haynes mediation series.A great educational tool, each video in the Haynes collec-tion comes with a training guide and transcript.

Other videos include:

• The Purple Family: Illustrates the story of a family as it struggles with separation and divorce.

• It’s Still Your Choice: Provides an introduction toseparation and divorce and demonstrates how medi-ation can help family members resolve disputes.

To order publications or videos, please complete theorder form on page 14 or visit us online at www.afccnet.org and click on Shopping Center.

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AFCC NEWS FALL 2005

14 ASSOCIATION OF FAMILY AND CONCILIATION COURTS

ASSOCIATION OF FAMILY AND CONCILIATION COURTSPAMPHLETS Pamphlet orders over 1,000: $0.20 eachQuantity Price Total

_________ My Mom and Dad Are Getting a Divorce $0.25 __________________ When Parents Relocate-Moving Away and Long-Distance Parenting $0.25 __________________ Information for Never-Married Parents – English Version $0.25 __________________ Information for Never-Married Parents – Spanish Version $0.25 __________________ A Guide For Joint Custody and Shared Parenting $0.25 __________________ Making Your Parenting Plan Work $0.25 __________________ Parents Are Forever $0.25 __________________ Is Mediation For Us? $0.25 __________________ Preparing For Your Custody Evaluation $0.25 __________________ FAQs Parents Ask About Separation, Divorce and Child Custody $0.25 __________________ FAQs Separating and Divorcing Parents Ask About Legal Matters $0.25 __________________ A Guide for Stepparents $0.25 _________

Total _________

PUBLICATIONS AFCC Members receive a 15% discount Member TotalQuantity Price Price

_________ Domestic Violence and Empowerment in Custody & Visitation Cases $12.00 $10.20 __________________ Domestic Violence Visitation Risk Assessment $10.00 $ 8.50 __________________ Exemplary Family Court Programs and Practices $25.00 $21.25 __________________ Parenting Coordination: Implementation Issues $16.00 $13.60 __________________ Planning for Shared Parenting: A Guide for Parents Living Apart $ 3.00 $ 2.55 __________________ Domestic Violence – Essays from the Family Court Review $20.00 $17.00 __________________ Overnights and Young Children – Essays from the Family Court Review $20.00 $17.00 __________________ Mediation – Essays from the Family Court Review $20.00 $17.00 _________

Total _________

VIDEOTAPES CLOSEOUT SALE! – 50% DISCOUNT Member Non-member Member Quantity Price Price Closeout Closeout Total

_________ The Purple Family $135.00 $114.75 $67.50 $57.37 __________________ It’s Still Your Choice $135.00 $114.75 $67.50 $57.37 __________________ You’re Still Mum & Dad (sold out) $135.00 $114.75 $67.50 $57.37 __________________ John Haynes Mediation Series:_________ Michael and Debbie: When She’s Not Around $160.00 $136.00 $80.00 $68.00 __________________ Neville and Cheryl: The Odd Child Out $160.00 $136.00 $80.00 $68.00 __________________ Norman and Terri: Who Makes the Decisions Here? $160.00 $136.00 $80.00 $68.00 __________________ Pat and Tom: Moving 100 Miles Apart $160.00 $136.00 $80.00 $68.00 __________________ Boyd and Sheryl: A Family Recovering From Alcohol $160.00 $136.00 $80.00 $68.00 __________________ Full Haynes Series $700.00 $595.00 $350.00 $297.50 _________

Total _________

Further information on all the resources above can be found online at www.afccnet.org or by calling (608) 664-3750.

_________ Subtotal: Pamphlets_________ Subtotal: Publications_________ Shipping & Handling (see box at right)_________ Subtotal: Videos_________ Shipping & Handling: Videos_________ Total (remit in US funds)

■■ Visa ■■ MasterCard Card No. _________________________________________________________ Exp. Date _____ /_____

Signature ______________________________________________________________________________________________________

■■ Please bill me. My Purchase Order number is _______________________________________________________________________

Name/Organization ______________________________________________________________________________________________

Street Address (please do not use P.O. Box) ___________________________________________________________________________

City, State/Province, Zip/Postal Code ________________________________________________________________________________

Telephone__________________________ Fax ____________________________ Email ______________________________________

Please Mail, Email, or Fax your order to: AFCC, 6525 Grand Teton Plaza, Madison, WI 53719; Email [email protected]; Fax (608) 664-3751

Shipping & Handling – U.S. only(S&H for orders outside the United States will be billed separately)$0.00 – 12.50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$4.0012.51 – 50.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7.0050.01 – 100.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10.00100.01 and up . . . . . . . . . . . . . . . . . . . . . . . . . . . .10.00 per 100.00Video Shipping & Handling: $6.50 each

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ASSOCIATION OF FAMILY AND CONCILIATION COURTS 15

AFCC NEWS FALL 2005

A F C C 4 3 R D A N N U A L C O N F E R E N C E

Tampa BayMay 31-June 3, 2006Westin Innisbrook Resort

Relocated from New Orleans

Juggling Conflicts,Crises and Clientsin Family Court

Room rates starting at $128!The lowest AFCC Annual Conference hotel rate since 1996!

Join AFCC and explore how to successfully juggle our significant professional challenges whileproductively managing their impact on our lives.

The Westin Innisbrook Resort is a spectacular getaway for the entire family!

• Five miles from beautiful Gulf beaches and two miles from the historic Greek sponge diving village of Tarpon Springs.

• Four championship golf courses and 11 tennis courts; golf and tennis clinics are available for all ages.

• Nestled in 900 wooded acres, the resort offers jogging and biking trails and 70 acres of lakes.

• Six pools, including waterslides and a poolside grill, a fitness center, and children’s recreation center.

Participants are encouraged to leave their business suits at home and pack plenty of casual clothing, sandals and sunscreen!

For further information please view the AFCC Web site at www.afccnet.org or call (608) 664-3750.

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Parenting Coordination: Workingwith High Conflict FamiliesPresenter: Christine A. Coates, M.Ed., J.D.December 5-6, 2005University of BaltimoreBaltimore, Marylandwww.afccnet.org

Working with Children of Separationand Divorce: Fostering HealthyFamily TransitionsPresenter: Risa J. Garon, LCSW-C, BCD, CFLEDecember 7-8, 2005University of BaltimoreBaltimore, Marylandwww.afccnet.org

Arizona AFCC Annual ChapterConferenceFebruary 3-5, 2006Sedona, Arizonawww.azafcc.org

*Advanced Issues for ParentingCoordinators and PractitionersWorking with High Conflict Families:Alienated Children, DomesticViolence and Case ManagementPresenter: Joan B. Kelly, Ph.D.February 7-8, 2006University of South FloridaTampa, Floridawww.afccnet.org

*Working with Children of Separa-tion and Divorce: What They Know,What They Want, What You Can DoPresenter: Mindy F. Mitnick, Ed.M., M.A.February 9-10, 2006University of South FloridaTampa, Floridawww.afccnet.org

California AFCC Annual ChapterConferenceFebruary 10-12, 2006Los Angeles, Californiawww.afcc-cal.org

*AFCC 43rd Annual ConferenceMay 31-June 3, 2006Westin Innisbrook ResortTampa Bay, Floridawww.afccnet.org

AFCC Seventh International Symposium on Child Custody EvaluationsOctober 19-21, 2006Sheraton Midtown AtlantaAtlanta, Georgia

AFCC Seventh InternationalCongress on Parent Education and Access ProgramsOctober 22-23, 2006Sheraton Midtown AtlantaAtlanta, Georgia

AFCC 44th Annual ConferenceMay 30-June 2, 2007Capital HiltonWashington, D.C.

AFCC 45th Annual ConferenceMay 28-31, 2008Westin Bayshore ResortVancouver, BC, Canada

Upcoming AFCC Conferences and Trainings

*Relocated from New Orleans