Presenters:

Meghan E. Healy
DiRenzo & Bomier, LLC
Neenah

Kari Niesen-LaScala
End Domestic Abuse Wisconsin
Madison

Kelsey Mullins
Office of Court Operations
Madison

Christine R. H. Olsen
Olsen Law Office
Wausau

Gricel Santiago-Rivera
Santiago Family Law & Mediation Services
Madison

8:30 a.m. Introduction to the revised Domestic Abuse Guidebook for WI GALs

• Context: 2017 Domestic Abuse Guidebook for WI GALs
• Study, Addressing Domestic Abuse in Family Court Cases Involving Guardians ad Litem in Wisconsin
• Comparing the 2017 and 2025 Guidebooks
• SAFeR Framework and Wisconsin-based research
• Terminology: Domestic abuse vs. domestic violence; survivor vs. victim

Kelsey Mullins

8:50 a.m. SAFeR: Screen for Domestic Violence

• What is domestic violence?
o Behavioral definitions
o Legal definitions, looking at the family code

 Interspousal battery

 Domestic abuse in the restraining order statute

• Barriers to disclosing domestic violence
• Risks of leaving
• Screening protocols
• Reviewing collateral sources

Kari Niesen-LaScala & Kelsey Mullins

10:05 a.m. BREAK

10:20 a.m. SAFeR: 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

11:20 a.m. Case Scenario

11:50 a.m. LUNCH

12:50 p.m. SAFeR: 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

Christine R. H. Olsen

1:35 p.m. SAFeR: Recommendations that Account for Domestic Violence

• Priorities
• Integrating your analysis
o Report
• o Recommend
• 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

2:20 p.m. BREAK

2:35 p.m. Case Scenario, continued

3:00 p.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
• Cultural 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

Meghan E. Healy, Kari Niesen-LaScala, Kelsey Mullins, Christine R H Olsen, Gricel Santiago-Rivera

3:50 p.m. Program Concludes

• Identify and implement the elements of the SAFeR approach for cases involving domestic abuse
• Gain a deeper understanding of how domestic abuse affects custody cases
• Determine if a parent poses a risk to their child’s safety and well-being
• Learn practical strategies to identify and account for abuse
• Understand how to incorporate findings of abuse into your final recommendations
• Advance the best interests of children in vulnerable circumstances
• Comply with Wisconsin statutory requirements to accept GAL appointments

• Guardians ad litem for minors
• Family law attorneys
• Juvenile court attorneys
• Probate attorneys
• New attorneys looking to take GAL appointments
• Experienced GALs seeking a refresher
• Judges and court commissioners making custody and placement determinations
• General practitioners

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