David Calvo submits-
CHILD-CENTERED FAMILY LAW BILL
On Thursday, January 15th a bill was filed call: “An Act Relative to Child-Centered Family Law” Docket number 1061. It was a two year project that started in 2010 with a meeting with Mo Cowan then chief legal counsel for the Patrick administration. Patrick then formed a working group of 18 people from a diverse group of representation in Massachusetts. It was titled Child-Centered Family Law Working Group so as to put the revision efforts focused towards the benefits to the child involved.
The Working Group consists of Probate and Family Court Chief Justice Paula Carey and now Chief Justice Angela Ordonez plus representatives of women’s groups and men’s groups, The State Office for the Child Advocate: Gail Garinger, Professor Marsha Kline Pruett and Psychologist Robin Deutsch, representatives of bars associations including Boston, LGBTQ, Massachusetts and Women’s, Community Legal Aid and staff members of the House and Senate Judiciary Committee and was facilitated by Attorney and Mediator Michael Leshin of Wellesley.
The bill drastically improves section 31 of Chapter 208 by defining the best interest of the child as the act of encouraging and supporting shared parenting in the absence of misconduct of parents of children of divorce. It redefines titles and language and replaces inflammatory words such as “physical custody” and “visitation” with parenting plans. It gives specific factors for judges to consider in defining parenting plans, and encourages parents to work out their own arrangements as best they can. It tries to support the attitude that the child is served best by having both parents involved to the best of their ability. As you can imagine there were numerous discussions amongst this diverse group over a two year period and in the end we came up with a product that we were all willing accept as a compromise between us, put our pens down and support without any minority report being filed. That was a big achievement.
This revision if voted into law will recast the family probate court with a new protocol and updated understandings in inclusive not exclusive definition of gender roles without any bias toward any parent. Facts be told: This revision will affect about 20,000 children each year. That is a lot of kids whose fate is being decided by the court system unbeknown to them and setting a trajectory for each of their lives.
The bill was filed after the swearing in of the new administration, Representatives and Senators and under the deadline of the 16th of January. We now only have two weeks to get co-sponsors on this bill. The more co-sponsors garnered the more support for the Bill whose eventuality and fate is decided when brought to a vote in the Senate and House.
We need to let the citizens of Massachusetts know that they have less than two weeks, until the end of the month according to the legislative calendar, to let their respective Representatives know that they are in support of this bill and petition them to co-sponsor it. To make this easy i have uploaded the Child Centered Family Law Bill Docket #1061 on my internet server along with the Report of the Working Group sent to the Governor’s office. Citizens can download both, read through them and bring them to their representative with the hopes of them acting on their behalf and co-sponsoring the Bill.
I was an appointed member of this Working Group. If you have any questions please let me know. This is a real turning point for how the court defines how children are raised in the Commonwealth when parents have divorced. It is an important positive change that will affect you, your children and your grandchildren if they choose to raise their family in Massachusetts and find themselves in unforeseen circumstances.
I have included the website for the download of the Bill and Report below. If you need anymore information please call me. Tel. 978-281-3227
Again, we only have until the end of the month to get co-sponsors.
Good Morning Gloucester 
It certainly needs revising – having had a front seat to witness my brother’s struggle and fight to be a part of his daughter’s life simply because he is a man and seeing the heartache he has endured for 18 years, it makes me sad for him and my niece and all the parents and children who miss out on time with each other because one parent has control over the other – usually out of spite and not in the best interest of the child. I hope they mean it when they say “This revision if voted into law will recast the family probate court with a new protocol and updated understandings in inclusive not exclusive definition of gender roles without any bias toward any parent.” Except in cases of abuse no parent should be able to keep the other parent from seeing a child or controlling or limiting access.
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Your last sentence hit’s hard here! think the children are most affected especially at a younger age when they don’t understand many things. Getting pulled in both directions…In some but not all cases…some they are lucky to get out without being physically hurt or worse! Dave:-)
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