VOLUME VI | Spring 2022
Peridot Family Law is a full-service family law firm based in Boston, Massachusetts. Our goal is to help clients transition through their family law matter in the best possible way. We do this by listening to our client’s goals and objectives. We meet our clients where they are in the process and offer practical, reasonable solutions to produce a positive outcome for their situation.
IN THIS NEWSLETTER:
• WHAT'S NEW?
• NEW CASE SUMMARY: Care and Protection of Rashida, 489 Mass. 128 (2022) A case involving new rules for DCF as to what constitutes “reasonable efforts” when DCF is involved in your case.
• MINDFULNESS MATTERS: The Joy of Juicing
WHAT'S NEW?

SPRING 2022

Cindy spoke at two events in February and is scheduled to present in on March 31, 2022 for the Massachusetts Bar Association.

On February 8th, Cindy was a co-presenter at a Zoom event hosted by the Commission for Grandparents Raising Grandchildren. Alongside her co-presenter, Attorney Karen Van Kooy, Cindy spoke about the intricacies of custody and guardianship matters.
 
On February 17th, Cindy, along with Co-Presenter Attorney Scott Marks, trained mediators about the new changes to the Child Support law which was hosted by North Shore Community Mediation via Zoom.

On March 31st Cindy and Co-Presenter Maureen Reilly, Esq. will present a Lunch-and-Learn Zoom event hosted by the Massachusetts Bar Association. “Elevating Your Life and Practice – How to be at Your Best and Make More Money,” which will include presentations by Attorney Jared D. Correia, Shawn Healey, Ph.D, and Dr. Kathleen O’Neil-Smith. The panelists will present their top ten tips on being efficient, staying well, and utilizing technology.

On April 13, 2022, Peridot Family Law and Irene Tomkinson, MSW will host a Lunch and Learn on the difference between change and transition.

Divorce = Transition, not change, but transition. 

What is the difference?
 
Let’s look at the difference.
 
Here is an example of change. You buy a new car. The new dashboard is very different from your old car. You have to learn how to maneuver. You DO NOT HAVE TO CHANGE. You have a learning curve but you stay the same.
 
On the other hand transition demands that YOU CHANGE.
 
An example of transition, is divorce. Everything needs to be different. You must create a new way to define yourself. You are no longer identified as ½ of a couple. Your finances change dramatically. If you have children this becomes a whole new world.
 
Maybe you wanted children and now that seems like a dream that is off the table. Often you lose friends and family members. You may have to change your address. It is life altering.
 
There are definite steps to transition that must be recognized and managed. 
 
During the Lunch and Learn, we will identify all three stages of transition and strategies for coping and even how to learn and grow through them.

To join this free Zoom Webinar at 12 pm ET on April 13, 2022, please click the following link: Click Here to Register

ART EXHIBIT: Some of you may know that I have a Certificate in Museum Studies from Tufts University and that I have a background in working with artists and non-profits. I’m honored and privileged to share that Peridot Family Law will host its first exhibition through Spring 2022.

Mary Bucci McCoy is a painter whose abstract paintings can be thought of as poetic meditations integrating the human, animal, vegetal and mineral realms. Based in Essex County on the coast north of Boston, she has had solo exhibitions and group exhibitions throughout the United States as well as in Europe and has been an artist-in-residence at Mass MoCA and the Vermont Studio Center. Mary spent her formative years in the greater Philadelphia area before moving to Massachusetts to attend college. She holds degrees in English from Tufts University, Medford, MA and in ceramic sculpture from the School of the Museum of Fine Arts/Tufts University. Mary says of her studio practice: "I work with liquid acrylic paint, iridescent pigments and geological aggregate materials (such as marble dust and crushed granite). I have two longtime practices which are a big influence on my painting (as well as being deeply grounding): frequent walks through the Essex County forest and coastal landscapes, and a daily embodied yoga practice. These explorations of exterior and interior landscapes converge into my improvisational, materially-resonant painting vocabulary, which synthesizes fluidity, sedimentation, gravity, time, breath, movement and color."

Renascence, 2020, acrylic and iridescent pigment on plywood, 12 x 14 x 1"

Next time you drop in, please make sure to take in Mary’s beautiful work. 

NEW CASE

Care and Protection of Rashida, 489 Mass. 128 (2022) 
A case involving new rules for DCF as to what constitutes “reasonable efforts” when DCF is involved in your case.

Rashida is the second iteration of a child protection case in which the Court clarifies that "under G. L. c. 119, § 29C, a Juvenile Court judge conducts a hearing to determine whether the Department of Children and Families (department) has made ongoing reasonable efforts to make it possible for a child who previously has been removed from his or her home and committed to the custody of the department to return safely to his or her parent or guardian, the department must prove that it has made reasonable efforts by a fair preponderance of the evidence.” [129-137]

In a previous iteration of Rashida the Court decided the Juvenile Court must hold hearings at least annually to determine whether the Department of Children and Families has made reasonable efforts to reunify the child and parent or guardian. [128] The Department, the child, and the mother in this case jointly petitioned the Court for clarification of the evidentiary standard used to determine “reasonable efforts”. [129]

The Court noted there was no standard provided by statute; therefore the "same standard of proof applies at every stage in a care and protection case where a reasonable efforts determination is required or permitted” and that "due process demands application of a standard appropriate to the ‘particular situation’ which is presented”. [129, 132]

The Court determined that fair preponderance of the evidence was the appropriate standard of proof through the application of the Eldridge Test articulated by the United States Supreme Court; "which requires consideration of (1) “the private interest that will be affected by the official action”; (2) “the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards”; and (3) “the Government's interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail.” [132]

Upon balancing the three factors of the Eldridge Test, the Court concluded that “proof by a preponderance of the evidence is sufficient to satisfy procedural due process in reasonable efforts determinations. Particularly important to, and ultimately dispositive of, our over-all balancing of the Eldridge factors is the availability of multiple opportunities for judicial review of the reasonable efforts being made by the department.” [137]

If you have questions whether or not DCF is using reasonable efforts to reunify you with your Children, please give us a call.

MINDFULNESS MATTERS

THE JOY OF JUICING

By Jessica Landry, Clerk and 3rd year Law Student at NESL

Everyone feels pressure every day to perform to produce to meet deadlines and to spend time with family. When there are additional stressors in one’s life, putting your head down making more coffee, and powering through often feels like the best way to manage all of those responsibilities. Unfortunately, that method rarely provides the hoped-for results. If we don't take the time to slow down and take care of ourselves and our families, not only will we not feel our best, our productivity and well-being will suffer. It may seem counterintuitive, but no matter what you have going on it is important to take a moment to slow down to do something good for yourself.

For me, that means making sure I eat well. Not always an easy task when it is much easier to grab a burger than it is to cook and clean a whole meal. I try to keep a few essentials on hand to make it easier. One of my favorites is fresh juice. This is great because the process of making it gives me time to mentally organize and plan out my day. Something about the method of making juice, the routine of it, is very relaxing. It also helps to know I am taking the time to do something good for myself.

Juicing is super easy, I have included my go-to recipe below. I recommend using a slow masticating type juicer. If you don't have a juicer, or are not ready to commit yet, that is okay. You can use a blender or food processor and strain the pulp. I use this recipe as a guide, but really you can use any fruits or vegetables you have on hand. Take some time for yourself this week and do something healthy. It doesn't have to be juicing, it can be as simple as a short walk.

Jess’s Recipe 

One pineapple
One bag of apples
One bushel of kale with the stems removed
One container of spanich
Two cucumbers pealed
Three stalks of celery

Chop all ingredients and drop into a juicer or food processor. Strain out the pulp if desired. Refrigerate up to five days. Enjoy!