ABA Family Law Section

ABA Family Law Section
Name	ABA Family Law Section
Type	Section of the American Bar Association
Founded	1970s
Headquarters	Chicago, Illinois
Parent organization	American Bar Association

ABA Family Law Section is a specialized section of the American Bar Association focused on practice, policy, and professional development in family law, including issues of divorce, child custody, support, and family-related litigation. The Section brings together judges, practitioners, academics, and policymakers to produce model rules, practice guides, and continuing legal education materials. It participates in national debates on statutes, court procedures, and interdisciplinary practice, and hosts conferences and committees that shape state and federal family law practice.

Overview

The Section serves as a nexus for members from the American Bar Association, state bar associations such as the California Bar and the New York State Bar Association, and federal entities like the United States Department of Justice to collaborate on family law matters including Divorce, Child Custody, Child Support, Adoption and Domestic Violence. It publishes practice-oriented resources and model policies that interact with professional institutions including the National Conference of Bar Examiners, the Federal Judicial Center, and university law schools such as Harvard Law School, Yale Law School, and Columbia Law School. The Section liaises with courts including the United States Supreme Court, state supreme courts, and specialized family courts such as those in Cook County, Illinois and Los Angeles County, California.

History and Development

The Section emerged during a period of reform similar to movements involving the Model Penal Code and the Uniform Commercial Code, aligning with broader ABA efforts including the creation of the Section of Litigation and the Section of Criminal Justice. Early milestones paralleled landmark events such as the passage of the Uniform Marriage and Divorce Act and the evolution of precedents like Roe v. Wade and Troxel v. Granville that affected family law practice. Over decades the Section has responded to federal legislation including the Child Support Enforcement Act and initiatives from the United States Congress that altered interstate enforcement and custody jurisdiction, intersecting with organizations such as the National Center for State Courts.

Organization and Membership

Governance follows a council and chair structure similar to other ABA sections like the Section of Taxation and the Section of Antitrust Law, with elected officers, standing committees, and task forces. Membership comprises practitioners from firms such as Baker McKenzie and Skadden, Arps, Slate, Meagher & Flom, judges from state and federal benches, academics from institutions like Stanford Law School and The University of Chicago Law School, and allied professionals from Association of Family and Conciliation Courts and the American Academy of Matrimonial Lawyers. It partners with state family law sections in the Florida Bar and the Texas Bar and coordinates with international bodies like the International Hague Network of Judges.

Key Programs and Publications

The Section produces model guides, practice manuals, and policy reports comparable to resources published by the American Law Institute and the National Conference of Commissioners on Uniform State Laws. Signature publications include bench books and ethics opinions that inform practice in venues from the Superior Court of California, County of San Francisco to the New York County Supreme Court. It publishes journals and newsletters akin to the ABA Journal and collaborates on treatises cited alongside works from publishers such as Wolters Kluwer and Thomson Reuters. Programmatic initiatives have included task forces on Forensic Science in family law contexts, joint projects with the National Domestic Violence Hotline, and compilations of model custody forms used in states like Ohio and Massachusetts.

Advocacy and Policy Initiatives

The Section advocates before legislative bodies and judicial rulemaking commissions similar to lobbying efforts by organizations such as the American Civil Liberties Union and the National Association of Social Workers. It submits amicus briefs to the United States Supreme Court and state high courts in matters implicating statutes like the Uniform Child Custody Jurisdiction and Enforcement Act and federal statutes affecting interstate enforcement. Policy priorities have addressed issues raised by the Violence Against Women Act, reforms to alimony and spousal support regimes, and rules affecting access to counsel in juvenile matters, coordinating with entities such as the Department of Health and Human Services and the Office of Child Support Enforcement.

Continuing Education and Conferences

The Section organizes CLE programs, annual meetings, and symposia comparable to the ABA Annual Meeting, hosting panels with experts from American University Washington College of Law, the University of Pennsylvania Carey Law School, and practitioners from firms like Latham & Watkins and Hogan Lovells. Conferences cover topics intersecting with legislation such as the Uniform Interstate Family Support Act, evidentiary issues highlighted in cases like Daubert v. Merrell Dow Pharmaceuticals, and trends in alternative dispute resolution championed by the American Arbitration Association. Training is aimed at judges, attorneys, mediators, and social scientists, often co-sponsored with the National Council of Juvenile and Family Court Judges and international partners including the Hague Conference on Private International Law.

Category:American Bar Association