Judges > Family Law
Topic: Family Law
Materials regarding family law.
[pdf] Protection Orders Webinar Materials List (February 24, 2024) (+)
This list of training materials on civil protection orders has been developed to assist state court judges, attorneys, and victim advocates working with immigrant survivors. It covers protection orders for vicitms of domestic violence, sexual assault and stalking. The list includes training tools, training manual chapters, bench cards, and links to webinars.
[pdf] United States v. Dixon U.S. Supreme Court (December 2 1992-June 28 1993) (+)
United States V. Michael Foster (United States v. Dixon, 598 A.2d 724, 725 (D.C. 1991), cert. denied, 112 S. Ct. 1759 (1992), aff’d in part and rev’d in part, 113 S. Ct. 2849 (1993) Filed an amicus brief in the Supreme Court of the United States as the organization that serves as counsel for the domestic violence victim in the underlying protection order contempt proceeding that resulted in an over 600 day sentence for multiple counts of contempt of a civil protection order. The Brief argued that victims could constitutionally enforce their protection orders without undermining the ability of the state (in this case the United States) to bring criminal charges against the domestic violence perpetrator that included numerous assaults and assault with a deadly weapon. The Supreme Court upheld the right of a victim to enforce her protection order without barring criminal prosecution by double jeopardy as long as the contempt proceeding and the criminal prosecution each require proof of additional elements under the Blockburger “same elements” test.
[pdf] State v. Maria L. The Nebraska Supreme Court (April 8 2009) (+)
State v. Maria L., (2009) filed an amicus brief in a case before The Nebraska Supreme Court in a termination of parental rights case in which an undocumented immigrant mother was denied language access to child protective services, the courts and the hospital. In a unanimous decision that Nebraska Supreme Court returned two children to their Guatemalan mother who had been deported and her parental rights were terminated by the state ruling that undocumented, detained and deported immigrant parents have the constitutional right to care for, have custody of, and control over their children.
[pdf] Rosa Marisol Avelar Oliva Board of Immigration Appeals (February 16 2018) (+)
Amicus Brief in Matter of Rosa Marisol Avelar Oliva, NIWAP filed an amicus curiae brief on behalf of an El Salvadorian woman who suffered child abuse and was held in isolation for years. The Immigration Judge found that she was not credible. The brief discussed the psychological and developmental effects of trauma and how childhood rape and sexual abuse can significantly impact witness’s demeanor and ability to testify and report the abuse. The brief addressed how childhood trauma impairs brain development in key regions responsible for memory, reasoning, and planning. The amicus was filed in the Board of Immigration Appeals in a case in which Rosa Marisol is seeking gender-based asylum and withholding of removal. Crowell and Moring (February 16, 2018)
[pdf] PowerPoint Presentation (August 17, 2023) (+)
[pdf] USCIS Fact Sheet: Adoption in U.S. Courts of Children from Hague Adoption Convention Countries (June 6, 2023) (+)
Foreign-born children in the United States who are adopted in a U.S. court may face immigration-related implications. Adoption alone does not give a child lawful immigration status. This fact sheet reviews the immigration implications for children from Hague Adoption Convention (“Convention” or “Hague”) countries who did not immigrate to the United States through the U.S. Convention process and are undergoing U.S. adoption proceedings.
[pdf] Bench Card: Impact of Divorce on Immigration Status (December 28, 2021) (+)
This bench card provides information for state court judges on whether and how divorce
may alter the ability of immigrant spouses, children and stepchildren to gain or maintain a legal
immigration status in the United States, including an immigration visa, lawful permanent
residency or naturalization. An immigration visa2 is specifically one that allows the immigrant
to live and work in the United States.
[pdf] Family Court Bench Card on Issues that Arise in Custody Cases Involving Immigrant Parents, Children, and Crime Victims (October 13, 2013, Updated November 30, 2021) (+)
A quick reference for judges on issues that arise in custody cases involving immigrant parents, children, and crime victims. Discussing constitution protections for the parent child relationship applying to cases involving immigrant parents and their children without regard to immigration status, detention or deportation. Explaining which parents, children, litigants, witnesses are under current immigration laws likely to be removed from the U.S. and which although undocumented are not at risk of removal. Highlighting common myths about immigration law and providing legally correct information for courts to apply in making rulings when a party raises the immigration status of another party of child in state court custody proceedings.
[pdf] Understanding the Significance of a Minor’s Trauma History in Family Court Rulings (May 18, 2021) (+)
Article discussing the neurobiology of child brain development and how it impacts children who come before state family courts in domestic violence, sexual assault, child abuse, custody, delinquency, dependency and other cases. The article brings together research findings in the fields of child brain science and research on the traumas experienced by immigrant children in their home countries, during their immigration to the U.S. and trauma and abuse immigrant children experience after arriving in the United States.
[pdf] Guide to Family Law Service of Process and Jurisdiction Requirements Charts (January 29, 2021) (+)
This guide provides background and useful information on the Family Law Service of Process and Jurisdiction Requirements charts.
[pdf] Family Law Summary of Service Rules (January 29, 2021) (+)
This chart provides an overview of non-resident and alternative service rules generally for family law proceedings in each state. This document serves as a supplement to the proceeding-specific family law jurisdiction and service of process charts.
[pdf] Paternity and Child Support Proceedings – Jurisdiction and Service of Process (+)
This chart provides the jurisdiction and service statutes for paternity and child support proceedings in each state.
[pdf] Custody Proceedings – Jurisdiction and Service of Process (+)
This chart provides the jurisdiction and service statutes for custody in each state.
[pdf] Child Abuse/Neglect Proceedings – Jurisdiction and Service of Process (+)
This chart provides the jurisdiction and service of process statutes for child abuse/neglect proceedings in each state.
[pdf] Domestic Violence Protection Orders – Jurisdiction and Service of Process (January 29, 2021) (+)
This chart provides the jurisdiction and service of process statutes for domestic violence protection orders in each state.
[pdf] Divorce and Legal Separation – Jurisdiction and Service of Process (+)
This chart provides the jurisdiction and service of process statutes for divorce and legal separation in each state.
[pdf] Adoption Proceedings – Jurisdiction and Service of Process (+)
This chart provides the jurisdiction and service of process statutes for adoption in each state.
[pdf] 4D MI Redacted Order (+)
*Custody of Children in Mixed-Status Families: Preventing the Misunderstanding and Misuse of Immigration Status in State-Court Custody Proceedings
This article is from Family Law Quarterly, Vol. 47. No. 2 (Summer 2013). It is designed to provide accurate information about current immigration laws and policies to family court judges and attorneys representing immigrant parents, to counter efforts by litigants in family court to raise immigration status of an opposing parent to gain advantage in a […]
[pdf] BIA Amicus Brief on Recent Research Concerning the Neurobiological, Cognitive, and Psychological Development of Children and Adolescents (July 11, 2016) (+)
This Amicus brief was submitted to the Board of Immigration Appeals and addresses an important issue presented by Amicus Invitation No. I 6-06-09, focusing on how the term “minor” should be defined and understood by the Board in child asylum cases in light of the substantial body of recent research concerning the neurobiological, cognitive, and psychological development of children and adolescents. This brief will focus on the significant and deleterious effect trauma and
maltreatment have on that development, including the impact of impaired development on the readiness of child migrants to file asylum applications.
[pdf] INS Detention Standard: Non-Medical Emergency Escorted Trips (+)
INS Detention standard operating procedure regarding non-medical emergency escorted trips. The Immigration and Naturalization Service (INS) provides detainees with approved staff escorted trips into the community for the purpose of visiting critically ill members of the detainee’s immediate family, or for attending their funerals.
[pdf] How to Get a Detained Person to Court for Family Court Cases Involving Children and/or Criminal Proceedings (+)
This handout will provide best practices for judges, attorneys, and advocates on how to secure the attendance, in court proceedings, of immigrants who are being detained by the U.S. Department of Homeland Security (DHS) so that immigrants can participate in family court proceedings involving their children and in criminal court proceedings.
[pdf] Protection Orders and Battered Immigrants: The Impact of Attorneys and Advocates (+)
This document outlines the purpose of and need for protection orders in cases of domestic violence and sexual assault, the barriers that victims face in obtaining protection orders, and the intersection of protection orders and immigration concerns. The document will be particularly useful for attorneys, advocates, and judges attempting to understand the impacts of protection orders on a victim’s immigration case.
[pdf] Creative Methods in Protecting Battered Immigrants (+)
Battered immigrants often require additional protection to address specific needs sensitive to the particular dynamics of power and coercive control in the abusive relationship where the abuser is the only pathway to lawful immigration status. This chart offers creative filings that a victim may consider based on the specific behavior she wants to deter. This document will be particularly helpful to advocates and attorneys representing battered immigrants, and to judges looking to familiarize themselves with possible remedies in such cases.
[pdf] The Central Role of Victim Advocacy for Victim Safety While Victims’ Immigration Cases Are Pending (July 29, 2014) (+)
Reference guide on various statistics on immigrant victims collected from a nationwide survey conducted in October 2013.
[pdf] Common Immigration Issues that Arise in Custody Cases Involving Immigrant Crime Victims and Their Children (+)
This helpful reference covers topics, such as the role of immigration status in custody cases, immigration relief for immigrant crime victims, and common immigration status misconceptions that arise in custody cases.
[pdf] Justice for All: How Attorneys Can Successfully Win Custody Cases for Immigrant Survivors When There Is a Clash of Laws, Cultures, Custody, and Parental Rights (+)
This chapter is designed to help lawyers develop case plans that position immigrant clients to best take advantage of the immigration and family law protections available to help battered immigrants. This chapter also highlights key issues that arise for lawyers representing battered immigrants in custody cases. Tools and resources are provided to help screen clients for immigration relief eligibility and to locate immigration lawyers in your state who have expertise working with immigrant survivors.
[pdf] Facilitating Parental Interests in the Course of Civil Immigration Enforcement Activities (August 23, 2013)(Superseded by ICE Detained Parents Directive 2017) (+)
ICE Directive complementing and building upon policy memoranda and enforcement priorities to clarify ICE policy and procedure with regard to the placement, monitoring, accommodation, and removal of immigrant parents of children living in the United States, parents and legal guardians involved in family court proceedings involving children, and parents or legal guardians who have minor US citizen children. Superseded by ICE Detained Parent Directive (2017)
[pdf] Chapter 06.5: Immigration Status and Family Court Jurisdiction (+)
This chapter covers a courts’ obligation to immigrants and immigrant victims of domestic violence in regards to family court cases in divorce, child custody, and child support.
[pdf] Family and Criminal Court Scenarios in Which Courts Will Encounter Immigrants Who Are Eligible for Immigration Protections (+)
Information and examples explaining how and in what proceedings courts may encounter immigrants who are eligible for Violence Against Women Act (VAWA and U Visa), Trafficking Victims Protection Act (TVPA), Special Immigrant Juvenile (SJIS) and Deferred Action for Childhood Arrival (DACA) immigration protections.
[pdf] Somewhere to Turn (+)
A comprehensive manual covering topics such as: domestic violence and battered immigrant issues, cultural competency training, cross-cultural interviewing, recruiting and hiring multilingual and multicultural staff, shelter protocols, outreach and community collaboration, shelter access for battered immigrant women, VAWA immigration cases and victim advocacy confidentiality, creative use of protection orders, protections orders enforcement and criminal prosecution, access to public benefits, verification and reporting requirements under the U.S. Attorney General’s guidance and order, and model programs.
[pdf] Escorting Detained Parents and Other Immigrants to Court (2010) (+)
This letter used together with the ICE Performance Based National Detention Standard on Escorted Trips for Non-Medical Emergencies (also included in this library) describes the system for securing attendance at court hearings for immigrants in ICE immigration detention. For parents in immigration detention this letter and the Non-Medical Emergency escort policy has been replaced by the 2013 Parental Interest Directive (also included in this library). This letter and the Non-Medical Emergency escort policy will have continued availability for use by courts and attorneys seeking to have detained immigrants appear in court for proceeding that do not involve children.
[pdf] Family Court Access Letter (+)
A memo in response to a letter from the Women’s Refugee Commission about changes to the Performance Based National Detention Standard on Escorted Trips for Non-Medical Emergencies.