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Children in the Middle
By: Chief Justice Elliott E. Maynard

Everyone who reads this knows the name of Elián González. He is a sweet-faced 6-year-old who has become the subject of an international custody battle between his father in Cuba and relatives in Miami. We are all transfixed by the human drama unfolding around this little boy. Ironically, hundreds of West Virginia children are going through the same agony and upheaval every single day in our courtrooms as their custody is fought over and decided. West Virginia’s children don’t have the same media attention, but the heartbreak and misery are the same. It is the first duty of our courts to reduce that misery.

In May 1999, the West Virginia Legislature revised the original family law master system it had created in 1986. Two of the most important changes are required parent education courses and mediation. These requirements went into effect on January 1, 2000.

Our law now requires circuit courts, with Supreme Court approval, to designate an organization or agency to establish and operate education programs for parents of minor children involved in any divorce, paternity, support, separate maintenance or other custody proceeding. The programs must be "designed to instruct and educate parents about the effects of divorce and custody disputes on their children and to teach parents ways to help their children and minimize their trauma."

Parents must attend the classes, unless the court determines that it is inappropriate or unnecessary. The circuit court may require parents to pay a fee, not to exceed $25, to defray the cost of materials and hiring teachers. Indigent parents do not have to pay the fee.

Parent education, which first started in West Virginia as a pilot project in the Eastern Panhandle in 1996, has been very successful. Parents learn that they should not put children in the middle of their disputes by criticizing each other in their presence; that they should not "bribe" children to influence them; or use children as messengers. Parents learn to explain to children that the divorce is not their fault, and other ways to help children through the difficulties of divorce. Parents also learn about the court and mediation process.

Mediation is another important component of the new family law legislation. Mediation is required if parents cannot formulate their own "parenting plan," which is an agreement on such matters as custody, visitation, and other child-raising decisions. Every family law master office provides pre-mediation screening to determine if domestic violence, mental illness, or other elements would prevent parents from meaningfully participating.

If mediation is appropriate, the court will then designate a person or agency to conduct the mediation. Parents will pay for mediation on a uniform sliding scale based on ability to pay. One of our court system’s greatest challenges will be providing mediation for indigent parents. Many lawyers, social workers and others have volunteered their services. I am deeply grateful for your generosity. Our court system, however, cannot expect volunteer mediators to meet all of our needs permanently, and is seeking grants and other alternate sources of funding.

One of my most important goals as Chief Justice this year is to ensure that the family law master system better serves the needs of parents and children by expanding and improving upon parent education and mediation services. In addition to ensuring that all West Virginians benefit from parent education and mediation regardless of ability to pay, a committee is presently rewriting the Rules of Practice and Procedure for Family Law to address the significant legal changes in the new legislation. Upon completion, the Supreme Court will review these rules and release them upon approval.

Most West Virginians have never been in court. In fact, the only contact that most West Virginians ever have with the court system comes in family court at the most difficult and devastating time in their lives. We must do all we can to offer the right services to help these parents and their children in this time of great emotional pain, anger and hurt.