Meghan E. Healy
DiRenzo & Bomier, LLC
Neenah
Kari Niesen-LaScala
End Domestic Abuse Wisconsin
Madison
Kelsey Mullins
Office of Court Operations
Madison
Gricel Santiago-Rivera
Santiago Family Law & Mediation Services
Madison
8:30a.m. Introduction to the SAFeR Framework and SAFeR 1: Screen for Domestic Violence
- Context: 2017 Domestic Abuse Guidebook for WI GALs
- Study, Addressing Domestic Abuse in Family Court Cases Involving Guardians ad Litem in Wisconsin
- SAFeR Framework and Wisconsin-based research
- Terminology: Domestic abuse vs. domestic violence; survivor vs. victim
- What is domestic violence?
o Behavioral definitions
o Legal definitions, looking at the family code, including interspousal batter and domestic abuse in the restraining order statutes
- Barriers to disclosing domestic violence
- Risks of leaving, screening protocols, and a review of collateral sources
Kelsey Mullins
10:00 a.m. BREAK
10:15a.m. SAFeR 2: Assess the Nature and Context of Domestic Violence
- Preconceived notions of what a “real” survivor looks like or how they act
- Myths surrounding domestic violence
- Cultural competence and beliefs, biases, and assumptions
- Understanding context is critical
o Minor/isolated incidents
o Resistive violence
o Coercive control
- Children’s experience of the abuse o Looking at experiences by developmental stage
- Parenting by victims
- Parenting by abusers
Gricel Santiago-Rivera
11:15a.m. SAFeR 3: Focus on the Effects of Domestic Violence
- The law starts with a presumption of joint legal custody…
- Rebuttable presumption against custody to abusive parent
- Presumption that domestic abuse = inability to cooperate
- Presumption against custody to abusive parent in cases of child abuse
- Best interest of the child factors
- Placement and safety as paramount concern
Kari Niesen-LaScala
12:15p.m. LUNCH
1:15p.m. SAFeR 4: Recommendations that Account for Domestic Violence
- Priorities
- Integrating your analysis
- Statutory duties of GAL
o Investigate
- How each category of your recommendation can incorporate safety provisions
o Custody
o Placement
o Child exchanges
o Communication
- Wisconsin law provides safety provisions
o Exchanges
o Supervised placement
o Batterers treatment
- Importance of specificity
- Presenting recommendations to the court
Meghan E. Healy
2:15p.m. BREAK
2:30p.m. Ethical Issues in Obtaining or Presenting the Best Interest of the Child
- Obligation and responsibility when the GAL does not believe parent(s)’ desires are in best interest of child
- Duty to control the process
- Confidentiality concerns when a victim does not wish information such as health or medical records to be revealed to court
- Does duty to protect best interest of child extend to duty to protect parent who is a victim?
- Addressing nonspecific orders such as “reasonable notice” when there is known domestic abuse
- competence: how beliefs, bias, and assumptions can negatively impact decision-making
Ethical Considerations when GAL Recommendations are at Odds with Parties or the Court
- Obligation when the best interest of child is in conflict with the agreement parents wish to present to court
- Obligation if GAL believes court is not applying the right legal standard or law
- Is there an ethical obligation to interview the child? At what age? How might evidence of impact on children be obtained without an interview?
- How does a GAL get evidence of impact on child(ren) if not interviewing them?
- Duty to litigate or force a deal when Court does not agree with GAL recommendations
- Responsibility to address safety concerns for both child(ren) and non-abusive parent
- Issues with interim authority
Kari Niesen-LaScala, Kelsey Mullins, Gricel Santiago-Rivera
3:30 p.m. Program Concludes
- Approach domestic violence cases with a consistent, structured methodology
- Make recommendations that more accurately reflect safety risks
- Better support child-centered custody and placement outcomes
- Integrate findings of abuse into well-supported, safety-focused recommendations
- Strengthen the clarity and credibility of your reports to the court
- Address ethical challenges when GAL duties conflict with party positions or court expectations
- Comply with Wisconsin statutory requirements to accept GAL appointments
- Guardians ad litem for minors
- Family law attorneys
- Juvenile court attorneys
- Probate attorneys
- Attorneys looking to take GAL appointments
- Judges and court commissioners who make custody and placement determinations
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