custody

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On April 4, 2023, Proskauer submitted an amicus brief in the California Supreme Court in In re NR, a case in which a child was removed from his father’s custody based on a finding of “substance abuse.” The lower court found that the father had a “substance abuse” problem — based solely on its subjective judgments about substance use, rather than applying any objective, evidence-based standard — and separated the father and child on that basis. This case highlights the danger of allowing courts to diagnose parents with “substance abuse” problems based on their own subjective and standardless opinions. Unfounded assumptions, judgments, and stigma against substance use and substance use disorders can cause significant harm, particularly when they are used as a basis to deprive parents of their fundamental rights and separate families.

The Pro Bono Project is a New Orleans-based non-profit providing free civil legal services to underserved members of six South Louisiana parishes. Managed by The Pro Bono Project and staffed with volunteers — including attorneys, paralegals, and law students — the Self-Help Resource Centers (SHRCs) provide assistance to pro se plaintiffs with various family law-related matters.

Unrepresented litigants who visit the SHRC receive assistance with petitions relating to custody, divorce, and name changes, as well as a variety of other pleadings, such as answers and orders to show cause. Pro se plaintiffs who come in person can access court-approved forms, including free notarization, and are advised of next steps. While the SHRCs do not provide legal counsel, they provide information — especially to those with more complicated legal issues — about organizations providing low- or no-cost representation.

Proskauer was privileged to host a panel presentation with Her Justice this month to raise awareness of economic and legal obstacles facing women who are living in poverty in New York City during the COVID-19 pandemic. The panel was moderated by Proskauer associate Elizabeth Siegel, a member of the Her Justice Junior Advisory Board, and featured Her Justice attorneys Hamra Ahmad, Anna Maria Diamanti, and Prathiba Desai. With support from pro bono lawyers at Proskauer and other law firms, Her Justice provides family law and immigration representation to women of limited means, most of whom are mothers and survivors of intimate partner violence.

Among other obstacles, the panelists highlighted the many hurdles the public health crisis has caused for low-income women seeking legal relief in family court. Even prior to the COVID-19 pandemic, accessing family court was challenging for Her Justice’s clients because the court required them to appear in person. Clients often had to wait several hours even for a brief appearance, which was particularly difficult and financially burdensome for those who needed to arrange for child care or time off from work. At the beginning of the pandemic, in March 2020, the New York City Family Court closed except for “essential services” such as emergency proceedings for orders of protection, which are being heard virtually. While the ability to obtain orders of protection during the pandemic is critical for vulnerable women, participating in virtual hearings has created yet another set of challenges for women living in poverty who may not be able to access the technology needed for remote hearings. The lack of access to a stable internet connection and a confidential location to safely discuss sensitive legal issues has proven to be especially difficult.

I recently joined the board of Her Justice, a nonprofit legal services organization in New York City and longtime partner of Proskauer that provides assistance to women and their families living in poverty who have high-stakes legal needs.

I was introduced to the organization by a friend and former colleague, and over the past few years have come to understand their mission and approach.  Seeing the many women in our city experiencing pain and fear due to unaffordable housing, parenting children with insufficient income or job prospects, abandonment, and abuse, I felt compelled to become more involved.

The staff lawyers at Her Justice train and supervise thousands of volunteer lawyers who are mobilized to help women in need throughout New York City. In 2018 alone, Her Justice organized more than 76,000 volunteer hours helping nearly 10,000 women and children. 

The families and children migrating from Central America have suffered terrible traumatic experiences, and a recent report by Physicians for Human Rights (PHR), a non-profit advocacy group, addresses the serious, long-term medical consequences of this trauma. These important findings provide compelling support for more humane immigration policies, and inform best practices for lawyers working with immigration clients.

Trauma Suffered by Young Migrants

Multiple studies link trauma to long-term negative health outcomes, including chronic disease, impaired cognitive development, and mental health conditions. With analysis by medical school faculty and students from Weill Cornell Center for Human Rights, the report is significant for its sole focus on child asylum seekers. Out of the 183 children in the study, nearly 80% experienced direct physical violence, 71% experienced threats of violence or death, 59% witnessed acts of violence, and almost 20% experienced repeated sexual violence or exploitation. Sixty percent of the children experienced some form of gang violence, and 47% experienced violence perpetrated by family members. A constant theme among the children was the lack of protection from law enforcement in their home countries. (Eighty-nine percent were from El Salvador, Guatemala, and Honduras.)  Many also reported traumatic experiences during transit to the U.S. through dangerous terrain, with inadequate food or water, where they remained vulnerable to continued acts of violence.

Yesterday, 23 law professors represented by Proskauer were granted permission to participate as amici curiae in a class action lawsuit contesting a recent U.S. Citizenship and Immigration Services (USCIS) policy change affecting minors in New York who seek Special Immigrant Juvenile Status (SIJS).  This policy change has resulted in SIJS denials for immigrant children who would otherwise qualify for SIJS based on well-established state and federal law.

SIJS is a form of immigration relief that provides unmarried children under age 21 with a path to citizenship if they can provide a determination from a state juvenile court that they are dependent on the court or are committed by the court to the custody of a State entity or an individual; that reunification with one or both parents is not viable due to abuse, neglect, abandonment, or a similar basis under state law; and that it is not in their “best interest” to return to their country of origin.

As the Firm’s pro bono partner, I often have the privilege of looking beyond individual matters to see how we can make a difference on a wider scale. And at times I drop everything to immerse myself in a particularly important cause. For the week of June 17th, I am proud to report that I will be in Dilley, Texas representing women and children detainees for 12 hours a day at the country’s largest immigration detention center.

Working with the CARA Family Detention Project, I will be among a steady influx of volunteer lawyers joining in person to aid this cause. CARA began in response to the significant expansion of family detention on the border.