The COVID-19 Update for Family Courts in Albuquerque, New Mexico.

 

How Albuquerque, New Mexico Courts Are Handling Child Custody Cases During COVID-19 

 

COVID-19 collided with Albuquerque, New Mexico courts about six months ago. In half a year the world has dramatically changed with New Mexico Courts following suit.

Since early March, closures, delays, long lines, and mandatory masks have become to new normal.

Here is your COVID-19 update regarding New Mexico Family Courts since March, and what to expect moving forward.

 

Family Court Hearings During COVID in New Mexico — March to June

 

Courthouses all across New Mexico were blindsided by the novel virus and scrambled to adjust.

The last day that I physically stepped foot into family court for a hearing was on March 12th – the day after the NBA suspended the season on March 11th.  In my mind, the day that the NBA suspended the season sticks out as the day that COVID changed America.

Similar to the different states across America — courthouses across New Mexico seemed to handle COVID differently.  Some jurisdictions briefly continued with a “game on” mentality – holding in-person hearings as normal. Some jurisdictions effectively closed, vacating and continuing all hearings. Beginning in mid-March, these courthouses began cancelling and continuing hearings.

Most divorce cases in mid-March were continued to April and then continued again into May.  Non-emergency matters were routinely continued multiple times before a hearing was ultimate held.  As the court scrambled to adjust, a handful of emergency cases were scheduled for April or May.  Most other cases were pushed into June and beyond.

In emergency cases, ex parte orders (orders without a hearing) were issued by the judge that was on rotation for the day.

Family Court COVID Updates in Albuquerque, New Mexico — June to September

 

Courthouses across Albuquerque, New Mexico began to adopt similar polices, with all hearings taking place remotely — either by phone or Google Meet. All family cases (i.e. Domestic Matter cases) were held by phone.

• Some emergency hearings were set within one month.

• Most hearings took three months or more to be held, due to COVID shutdowns and reduced staffing levels.

• Court Clinic was still effectively closed and occasionally would appear for hearings and make recommendations.

• Court Clinic’s closure fundamentally changed Albuquerque, New Mexico family court, reducing the Court’s ability to review evidence and enter orders.

All Order of Protection cases (i.e. DV cases) were held by phone.

• By law Order of Protection hearings are required to be held 10 days from the date that the Temporary Order is entered.

• Almost every hearing was extended past the ten day requirement for “good cause shown.”

• Most hearings took one to three months to take place.

• Similar to DM cases, hearings were significantly delayed due to COVID shutdowns, reduced staffing levels, and the increase in Petitions based on COVID related issues.

COVID-19 Update and Child Custody in October:

 

As I write these words, Family Courts across New Mexico are still holding all hearings remotely.  I don’t anticipate this changing any time soon.  Here’s an update of the current situation:

• Most hearings will take at least one to three months to be held – likely longer in non-emergency situations.

• Hearings for basic requests (i.e. Petition to Establish Paternity) are increasingly being referred to Settlement Facilitation before a hearing will take place.

• Parties are being increasingly referred to Mediation or Settlement Facilitation in lieu of traditional court settings. This is the Court’s way of telling parents to resolve non-emergency issues outside of court.

• DM courts are urging parties to resolve non-emergency issues outside of court.

DV Courts across New Mexico are still holding all Temporary Order of Protection hearings remotely.

• Hearings are still being continued due to “good cause shown” and are taking 1-3 months to take place.

Court Clinic in Second Judicial District Court:

 

The Second Judicial’s Court Clinic provides court ordered services that range from Mediation to Advisory Consultation.  In situations where parents are unable to agree on custody and timesharing issues, Court Clinic is an invaluable service provided in Albuquerque that assists the Court in determining the custody and parents timesharing that is in a child’s best interests.

Second Judicial’s Court Clinic provides the following services:

 

Mediation Through Court Clinic in Albuquerque:

 

• Low cost process where a trained mediator attempts to guide parents towards an out-of-court agreement regarding child custody and parents timesharing issues.

Scheduled On-Call Consultation (SOC) in Second Judicial District Court:

 

• A process where the assigned judge requests specific information regarding an issue concerning custody and timesharing.

• Generally results in a brief assessment of the situation and recommendations/suggestions regarding temporary arrangements to benefit the judge in determining the child’s best interests.

• Before COVID hit, an immediate On-Call often was conducted on the same day of the hearing (in emergency situations), to uncover information to assist the judge in making a ruling;

• With a Scheduled On-Call, an appointment was set with the parties, caregivers, and the children for the assigned clinician to review the issues, speak with parties, and then make suggestions/recommendation to the assigned judge regarding child custody and/or parents timesharing;

• Generally the clinician would report back to the court and make oral suggestions regarding the child’s best interests, based on the information revealed during the SOC process.

Advisory Consultations (AC) in Albuquerque, NM:

 

• More in-depth than a SOC.

• The assigned clinician reviews the evidence, speaks with parents, collateral sources (i.e. counselors, CYFD investigators, family members, care takers, and other relevant parties).

• The clinician completes a brief assessment about the parenting situation and written report summarizing the uncovered information.

• The clinician makes recommendations/suggestions regarding parents timesharing based on the information uncovered during the AC process.

Court Clinic has been closed since mid-March, a fact that has devastated Family Courts in Albuquerque, NM. Court clinic is an arm of the court that assists the assigned judge in determining what is in a child’s best interest. Court clinic’s closure has shaken the entire DM process to the core. In many cases, particularly with parties that do not have the funds for an expensive GAL or 11-706 evaluation, the closure has left the court arm-less to handle the issues, uncover facts, and determine a child’s best interests.  In these situations, most cases have entered into a loop of hearings without much movement forward.

As a result, Court Clinic’s closure has resulted in considerable delays and custody cases going around in circles.  Thankfully, beginning in October, Court Clinic will begin to conduct a limited number of in-person appointments.  Here is what you should expect:

• Mask wearing is mandatory.

• Long delays are anticipated due to a significant backlog of SOC cases.

• In-person appointments will be limited to SOC cases.

• Cases will be handled in the order referred.

• Mediations are being conducted by phone.

• AC’s are not available due to the inability to conduct psychological testing.

October and Forward for Child Custody and Parental Visitation During COVID-19 in Albuquerque, New Mexico

 

Based on the closures, delays, and reduced staff I personally would be surprised if there are in-person hearings in Albuquerque until Fall 2021 – at the earliest.  I personally believe that COVID will result in long-term changes to Family Courts in Albuquerque, New Mexico.  In the future, I anticipate non-evidentiary hearings (i.e. status conferences, summary hour hearings, etc.) to continue to be held by phone.

What you should expect when Court Clinic re-opens:

• Significant delays with court clinic through 2021.

• Realizing how immensely valuable Court Clinic is to Family Courts in Albuquerque.

• Realizing how lucky Albuquerque is to have the Court Clinic — relative to other cities in New Mexico.

• Family Courts to continue urging parents to resolve non-emergency issues outside of court.

• DM courts to increasingly refer non-emergency issues to Settlement Facilitation, before a hearing is set.

• When a resolution is not possible — long delays before an evidentiary hearing is held.

 

(505) SANCHEZ IS HERE TO PROVIDE YOU A COVID-19 UPDATE FOR FAMILY COURTS IN ALBUQUERQUE, NEW MEXICO

 

Do you still have questions regarding COVID-19 update for family courts in Albuquerque, New Mexico?  Family law cases often require the experienced hand and knowledge that comes with years of courtroom practice.  Matthew Legan Sanchez has the experience needed to handle your unique case.  Sanchez can be reached by calling (505) SANCHEZ.