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CHAIR'S MESSAGE

Happy 2024! As we ring in the new year, let us pause to review how far we have come and what lies ahead.


In addition to a bustling holiday season, December 2023 brought magnificent moments for the Section thanks to the exceptional work of our Section members. Tina El Fadel moderated our CLE Complex Discovery Issues in Family Law which provided invaluable tips, tricks, and insights to attendees. A heartfelt thank you to our Publication Committee co-chairs Lindsay Guina and Amanda P. Tackenberg, who, with the help of their devoted team, published an updated Family Law Handbook for all who are contemplating marrying in Florida.


December also brought the Daytona and Kissimmee Trauma Informed Family Law Workshop events presented in partnership with the Office of the State Court Administrator. Thank you to the local workshop teams who spread the word and facilitated two engaging and well-attended events. If you have not yet attended a workshop, we will be in Ft. Walton Beach and Tallahassee in March, in South Florida in April, and then on the west coast in early June. If you are interested in volunteering to serve on a local workshop team, please e-mail me at chair@familylawfla.org.


Looking forward, the first few months are full of informative and enriching opportunities. On January 11, 2024, thanks to the vision and commitment of Bette Collazo and Emily Calvin, the Section will offer the meaningful and informative webinar CLE Empowering Justice: Family Law, Human Trafficking, and Trauma Informed Lawyering. Then, the Section’s live committee meetings are on Thursday, January 25, 2024 and our Marital & Family Law Review Course will occur Friday-Saturday, January 26-27, 2024 at the Lowes Royal Pacific. I cannot thank enough the event chair Michelle Klinger Smith and her industrious team, Julia Wyda, Jack Moring, and Autumn Graham who have invested a year’s worth of planning to make this flagship event a reality. We expect attendance of about 2,000, so register and reserve your hotel room today.


As a sneak preview for February, the Section is offering two in-person CLEs in West Palm Beach which will also be simultaneously webcast. On February 22, 2024, thanks to the tireless leadership of Jennifer Patti, Jamie Epstein and Kristin Kirkner, the Section is offering From A to Z: A Paralegal’s Guide from Start to Finish in a Family Law Case. Then, on February 23, 2024, thanks to the remarkable leadership of Anastasia Mahone and William “Trace” Norvell the Section is offering an in-depth study of all aspects of children’s issues in Family Matters. These events are not to be missed – mark your calendars!


Our theme this year, in honor of our 50th anniversary as a Section, is Investing in the Next Generation. Words cannot express how immensely proud I am of the dedication of our Section members and leadership to this vision. If you have not yet gotten involved, it is not too late. Join us in 2024 in making Florida a better place for legal professionals and families alike.


Sarah E. Kay, B.C.S.

Chair, 2023-2024

MID-YEAR COMMITTEE MEETING &

EXECUTIVE COUNCIL MEETING SCHEDULE

We look forward to seeing you at our Mid-Year Meetings in Orlando later this month. Click the link below to access the full Committee Meeting Schedule taking place on Thursday, January 25, along with meeting time and location for the Executive Council Meeting on Saturday, January 27.

DOWNLOAD MEETING SCHEDULE HERE

CLE: 'EMPOWERING JUSTICE:

Family Law, Human Trafficking,

and Trauma-Informed Lawyering'

Thursday, Jan. 11, 11:30AM - 1:30PM EST

This course is designed to equip legal professionals with the knowledge and skills necessary to address the intersection of human trafficking, family law, and trauma-informed lawyering. Attorneys will learn about the complexities surrounding human trafficking, especially within the familial context. This course delves into the multifaceted issues faced by victims, providing a platform for attorneys to enhance their understanding and practice. The course will be presented by Bette Collazo, Esq., Orlando and Emily Calvin, Esq., Orlando.


SCHEDULE

11:30 AM – 11:35 AM

Introduction and Welcome


11:35 AM – 11:45 AM

Understanding Human Trafficking in Florida


11:45 AM – 11:55 AM

Identifying Survivors of Human Trafficking


11:55 AM – 12:15 PM

Family Law Issues Faced by Survivors


12:15 PM – 12:25 PM

Other Legal Needs of Trafficking Survivors


12:25 PM – 12:40 PM

Trauma-Informed Lawyering


12:40 PM – 12:55 PM

Working with Human Trafficking Survivors and other Types of Trauma


12:55 PM – 1:10 PM

Legal Ethics and Professional Responsibility


1:10 PM – 1:25 PM

Case Studies and Real-Life Scenarios


1:25 PM – 1:30 PM

Closing Remarks

REGISTER HERE

TWO LIVE CLEs COMING TO WEST PALM BEACH

✅ Thursday, Feb. 22: From A To Z: A Paralegal's Guide From Start To Finish In A Family Law Case

From the first phone call to the final hearing, this one-day CLE will discuss tips, strategy, and procedures for a paralegal to navigate through a family law case as presented by attorneys, paralegals, and experts with input from the bench. Paralegals can submit questions before and during the seminar.


Register HERE and Hotel Reservations HERE


✅ Friday, Feb. 23: Family Matters

An in-depth examination of all children’s issues in family law cases, including the 2023 legislative changes and case law, best interest factors, post-judgment actions, and parenting support. Panelists include presiding members of the Judiciary as well as Board Certified Family Law Practitioners from around the State of Florida.


Register HERE and Hotel Reservations HERE

TRUSTEE SPOTLIGHT:

Richard D. West, Esq., Section Chair 2003-2004

What was the “theme” for your year and why?


In 2003 and 2004 when I was Chair of the Family Law Section, my theme was to try to get a presumption of equal time sharing passed by the legislature. Evan Marks was chair-elect, and we had discussed this during the prior year when Caroline Black was Chair. We decided it would be an ongoing project. Unfortunately, it took another 20 years to get this accomplished. It was an important undertaking because we were, during that timeframe, able to revamp the language around “primary” and “secondary.” I believed then and still believe it will decrease not increase “custody” litigation. Time will tell.


What does the Section mean to you?


The Section has been key not only to the success of my law firm but also in the quality of my life. So many of my deepest friendships, to this day, were created and maintained as a result of my Section membership. I have close friends and great referral sources all over Florida that would never have happened without being an active member of the Section.


What is the funniest memory you have from your Section involvement?


The funniest memory I have from my Section involvement is one shared by several close friends who were executive council members at the same time I was. In order to keep ourselves amused during what used to be very long and sometimes tedious executive council meetings, we would play a game. It required one of us, during the meeting, to use the word "retromingent" in a sentence. Look it up if you do not know what it means. There would never be a reason to use the word properly. The challenge was to say it with a straight face and an even tone. It was also a challenge to not burst out laughing when someone did it. This went on for years with no one ever asking about it. Finally, after what I recall being four or five years, Charlotte Karlan spoke up and said, “what the hell does that mean?”


Share a favorite memory from one of the retreats from your year.


Thinking about memories from the retreats during my year brought back so many great memories that picking just one was tough. I would have to say my favorite occurred during our in-state retreat at Watercolor. One of the planned events was a scavenger hunt and large portions of the hunt were conducted by golf cart. My team and Steve Sessum's team were out in front, at least we thought we were. During one of the stops where we had to leave the golf cart and find something, we hid the keys to Steve's golf cart which delayed him. Those of you who know Steve, know that he is always calm, measured, and thoughtful. This is what made him one of the greatest family lawyers of our time. For some reason, this action infuriated Steve, and I have never seen him so red in the face and ready to take on the world in a fist fight. I still laugh about it to this day.

CASE LAW UPDATE

By: Cash A. Eaton, Esq.


Bratsch v. Bratsch, 2023 WL 7096033 (Fla. 5th DCA 2023).

 

I hope everyone had a safe, happy, and healthy holiday season. In this month’s case law update, we are going to discuss something on everyone’s mind after the holidays, money (specifically attorneys’ fees).

 

In Bratsch v. Bratsch, 2023 WL 7096033 (Fla. 5th DCA 2023) out of the Fifth DCA, the parties were involved in a dissolution of marriage action. In that action, the parties each requested an award of attorneys’ fees and costs. The trial court denied both parties’ requests.

 

In denying both parties’ requests, the trial court stated that the wife has “borrowed significant funds from her parents but presented no evidence, other than her mother's testimony, of a specific obligation to repay that money.” The issue that the trial court saw was that there was no specific loan documentation between the Wife and her parents. However, the evidence showed that the Wife specifically testified that she promised to pay all funds loaned back (“I told them I would pay them back and I will do so.”). In addition, the Wife’s mother testified that she and her husband loaned their daughter roughly $110,000 to pay for a portion of the daughter's attorneys’ fees (Q. “Is Amber expected to pay this money back to you?” A. “She is.”) and that she has been repaying the financial obligation.

 

The Appellate Court overturned the trial court’s denial. As this testimony was unrefuted, the record evidence established that the Wife agreed to pay back the borrowed funds and that she had been making payments. Therefore, there was no basis for the trial court to believe that there was no obligation to repay that money. That finding was not based on substantial, competent evidence and was a clear abuse of the trial court’s discretion. Accordingly, the denial was overturned, and the issue was remanded back to the trial court.

 

In retrospect, it would have probably been clearer for the trial court for there to have been clear loan documentation outlining the terms of the loan. However, unrefuted/unchallenged testimony is still substantial, competent evidence. Moreover, the Wife’s conduct of paying back the loan is a clear indication that she has a financial obligation. Therefore, I believe that the Appellate Court’s determination was based on the testimony in conjunction with the Wife’s conduct. To the extent possible, it may be worth advising future clients accordingly.

Honoring Summer Hall McKanstry, Family Law Section Program Administrator, The Florida Bar 2005-2011

By: Sarah Sullivan, Esq.


What I remember most about Summer Hall McKanstry was the warmth that radiated from her beautiful smile. She went out of her way to help and nurture others—and it can’t be easy working for thousands of lawyers! Summer was The Family Law Section’s Florida Bar Section Administrator from 2005-2011. She served at least six Section chairs, helped plan numerous retreats and events and made the Section run like a well-oiled machine. 


One of my fondest memories was when her husband, Jameel, sang to her in the Atrium of the Gaylord Palms, then got down on one knee and proposed to her. It was a special moment to share, and we were fortunate to be a part of it. After moving on from The Florida Bar, Summer and her family moved to New York City and ultimately, became the Vice President of Events and Operations at Glow Global Events. 


Summer fought her battle with cancer fiercely. She posted frequently about her struggles, provided hopeful insight, and just had SO. MUCH. GRACE. She loved to give of herself—both her time and talent—to causes near and dear to her heart. As part of her legacy, Summer wished to support young female athletes at her high school alma mater. 


In her final days, she expressed a desire to be a voice for patients and families dealing with cancer—but she already had been, to the thousands of family members and friends she inspired every day. She will be missed by her “Florida Bar Family” immensely, but mostly she will be missed by her loving husband, Jameel, and her two precious sons, Amier and Caden. For them, and her other family, we will continue to hold them in our thoughts, send love and sincerest sympathies.


Summer passed away on November 28, 2023.

TECH TIP:

Calculation Shortcuts On Excel

By: Luisa Morales, CPA


Are you tired of searching for your calculator to sum up countless numbers only to find that you’ve missed a number and need to start all over again? Toss that calculator into your laptop bag for to-go uses and instead turn to the dreaded (but amazing!) Microsoft Excel!

 

I know Excel can be daunting but stick with me and I’ll show you some handy dandy tips and tricks that’ll make your everyday math life easier! Don’t let those pesky grids intimidate you, start inputting your numbers downward on Column A. Once you’ve typed in all the numbers you want to sum up, you can calculate the total with all the following ways:



  • Ribbon Menu: Home, Editing, AutoSum
  • Written formula: “sum(CELLS)”
  • Keyboard shortcut: “Alt” plus “=”

  

Luisa Morales, CPA, CVA, CFE, is a forensic, advisory and valuation services manager at Kaufman Rossin, the largest independent CPA and advisory firm in Florida and one of the top 100 firms in the U.S. Luisa specializes in litigation support and forensic accounting for the firm’s family law practice. You can reach her at lmorales@kaufmanrossin.com.

RECOGNIZING HUMAN TRAFFICKING IN FAMILY LAW

By: Nicole Avila, Esq. and Bette Collazo, Esq.


How equipped do you feel to recognize human trafficking in your family law cases? Are you confident you know what to look for? What if you missed something? Sensationalized portrayals in popular culture distort and dilute the public’s understanding and recognition of human trafficking. The reality is more nuanced and less lurid than the media portrayals.  

 

Human trafficking is a crime that exploits individuals through force, fraud, or coercion for various forms of labor or commercial sexual exploitation.[1] The trauma of human trafficking victimization affects multiple aspects of a survivor’s life that may implicate a myriad of legal needs within the criminal and civil legal systems (e.g. dependency and family courts). Consider a client who has a history of substance dependency and related criminal history. Attorneys well versed in domestic violence and human trafficking dynamics understand that substance use is a common method of coercion used by traffickers to maintain control over their victims. An informed attorney when presented with these facts would inquire further and may discover that the client’s substance use began with the spouse, the abuser/spouse then forced them to perform commercial sex acts under threats to take custody of the children (i.e., abuse of the legal process). This is not merely an abusive spouse; this is a sex trafficker. When one spouse is trafficking the other, invariably it will impact the issues of equitable distribution, alimony, and parental responsibility. A knowledgeable attorney may thoroughly examine cases involving children facing behavioral challenges, going beyond a basic screening to identify potential signs of trafficking. Additionally, they may discern power dynamics that align with patterns observed in trafficking situations.

 

Equipped with knowledge of trafficking victimization and ways in which it may impact family law cases, family law attorneys can play a pivotal role in the fight against human trafficking. How can practitioners support survivors? Stay informed. The Florida Bar Family Law Section is hosting a Webinar CLE on January 11 on human trafficking-related issues in family law cases. You can register by visiting the Florida Bar Family Law Section website at this link: https://familylawfla.org/event/cle-empowering-justice-family-law-human-trafficking-and-trauma-informed-lawyering/.


You can also join the emerging Human Trafficking Subcommittee contained within the Family Law Section’s Domestic Violence Committee by emailing Chair of the Domestic Violence Committee, Philip Schipani at dv@familylawfla.org and Chair of the Human Trafficking Subcommittee, Bette Collazo at bette.collazo@floridalegal.org).

 

For more information on the topic, see the following resources: CAST E-learning Course (https://casttta.nationbuilder.com/legal_e_learning_courses); CAST HT Analysis Advisory 2023 (https://castla.app.box.com/v/HumanTraffickingAnalysis).


[1] See 22 U.S.C. §7102(11).

THE FLORIDA BAR LEADERSHIP ACADEMY NOMINATIONS

OPEN THROUGH JANUARY 15

The Florida Bar's Wm. Reece Smith, Jr. Leadership Academy is looking for future leaders of tomorrow and needs your help identifying potential participants for the Academy.


This is a multi-session training program designed to assist lawyers in becoming better leaders within the legal profession by enhancing their leadership skills. There are seven required meetings (up to 10 business days throughout the year; most include CLE credits), including graduation at The Florida Bar Annual Convention in June 2024.


The Leadership Academy is open to all Florida Bar members in good standing. To learn more and apply, click HERE.

TAKE TEN IN 2024

A Message From The Diversity and Inclusion Committee

By: Sarah Sullivan, Esq.


Many of us are envisioning our New Year’s resolution-whether it be dry January, fasting, or sleeping more (or less). However, on a recent call, when we were all mired in the frantic holiday rush, a colleague brought up how there were times when we all were “not okay.” Even though it is “okay to be not okay,” have we managed to get beyond just accepting the phrase to actually supporting our stressed-out colleagues? The New Year doesn’t necessarily keep our anxiety, stress or depression from disappearing, so, as part of our “resolutions” let’s resolve to call a friend or colleague we haven’t spoken to in a while and have a 10-minute conversation just to check-in and see how they are faring? Not only is this a way for us to step out of ourselves, but it’s also a way to make our community more inclusive and connected. In a time when we operate in silos and isolation, our colleagues may need our support or maybe want to share their latest victory or celebration. Take ten to reach out to a friend and make connection part of your New Year’s resolutions. 

WRITERS WANTED!

Want to submit an article for our monthly FAMSEG e-news, or our quarterly magazine, The Commentator? We can always use Tech Tips, Case Law Updates, and other relevant family law-related news for our 4,000+ members. Just email publications@familylawfla.org for more information. Thank you for your interest in contributing to our member publications!

SPONSORS WANTED!

Did you know that our Section Sponsorship has grown over the years? We have received 8 times the number of sponsorships that we had 7 years ago! Thank you to all of our past and current sponsors for supporting the mission of the Family Law Section! To learn more about getting involved, click HERE.

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ANNUAL SPONSOR