Handling Child Sexual Abuse Allegations in Custody Disputes | CLE Course

BarbriSFCourseDetails

Course Details

Course Information

smart_display Format
On-Demand
signal_cellular_alt Difficulty Level
Intermediate
work Practice Area
Family Law

Date & Time

event Date
Monday, November 25, 2024
schedule Time
1:00 p.m. ET./10:00 a.m. PT
timer Program Length
90 minutes

Credit Information

This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$197.00

CLE

ALL

This CLE webinar will offer guidance to attorneys encountering child sexual abuse (CSA) allegations in child custody matters. Navigating the intersection of the criminal and family law (and often CPS) legal systems requires careful strategy and sensitivity so as to minimize the impact of difficult proceedings on the child. The issues are myriad and complex. In addition to a sound understanding of how these allegations affect visitation, spousal support, and divorce settlements, attorneys must have a basic understanding of child witness interviewing best practices, what being a protective parent looks like, Fifth Amendment privilege issues, and how the family law discovery process intersects with a criminal prosecution. Finally, attorneys must be aware of potential ethical issues.

Faculty

Katie Ehrlich

Attorney

Kessler & Solomiany, LLC

Ms. Ehrlich focuses on providing clients with an individualized approach to his or her family law needs. Prior to joining Kessler & Solomiany, she worked as an associate attorney at Hedgepeth Heredia, LLC, gaining experience in areas such as divorce, contested child custody, complex and high asset division, domestic violence, alimony, and drafting complex prenuptial and postnuptial agreements.

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Amy Muth

Partner

Muth Atwood, PLLC

Ms. Muth represents individuals charged with sex offenses and other serious crimes throughout Washington state and federal courts. Her advocacy for people charged with sex offenses has led to recognition from her peers. Ms. Muth is a Past President of the Washington Association of Criminal Defense Lawyers, past recipient of the Washington Defender Association's President's Award and has been recognized for many years as a Super Lawyer by Washington Law & Politics. She is actively involved in legislative reform for people accused of sex offenses. Ms. Muth writes articles and amicus briefs for WACDL and WDA on sex crime issues. She has lectured to lawyers throughout Washington on how to try these challenging cases, and was a featured speaker at the National Association of Criminal Defense Lawyers sex offenses CLE program. Ms. Muth also serves on the Legal Committee for ACLU-WA, and writes amicus briefs on behalf of ACLU-WA on juvenile sexual offending issues.

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Description

CSA allegations in child custody matters have profound implications for visitation, spousal support, and divorce settlements. Parents of children making these accusations often have to navigate criminal and/or CPS investigations and must understand how to respond in a protective manner and what protections the legal system offers to their child.

Studies have shown that improper questioning by a trusted adult or authority figure who has a strong bias against the accused can seriously interfere with a child's recall of an event. It is imperative that practitioners have an understanding of best practices for child witness interviewing, both to be able to counsel protective parents on how to avoid unwittingly compromising the integrity of a criminal case, and, in situations where their client is the one falsely accused, to be able to identify how improper interviewing techniques challenge the reliability of the child's memory.

Additionally, depositions and interrogatories can be fodder for a criminal prosecution, whether the attorney represents the parent aligned with the child accuser or the parent who is accused. A basic understanding of criminal evidentiary rules and the privilege against self-incrimination will better equip attorneys to make thoughtful strategy decisions and anticipate the strategies employed by the other side.

Finally, attorneys must be attuned to the sensitive nature of CSA allegations. Throughout this seminar, the panelists will identify ways in which attorneys can zealously advocate for their client, even those who are falsely accused, in ways that consider the emotional impact of the proceedings on the child.

Listen as our exceptional and experienced panelist discusses handling CSA allegations in child custody matters and how an ABA judicial training model suggests they be approached.