Children First Family Law - Transforming how families navigate the challenging landscape of divorce.

Welcome to *Children First Family Law*, a podcast dedicated to transforming the way families navigate the challenging landscape of divorce. In an industry too often focused on litigation, financial battles, and a war-like approach, we advocate for a radical shift in priorities—putting the well-being of children at the forefront. Join us as we explore how to handle divorce in a way that protects children from the collateral damage of parental conflict and legal battles. We offer resources, insights, and expert advice to help parents understand how to manage divorce without destroying their children’s future. By highlighting the flaws in the current system and providing a roadmap for a more compassionate approach, we aim to become thought leaders in this space, calling for change within the professional landscape of family law. We’ll discuss crucial topics like collaborative and amicable divorce, parental alienation, and navigating the complexities of domestic violence and child abuse within the legal system. Through candid conversations and expert guidance, *Children First Family Law* equips families to emerge from the brokenness of divorce with their children’s well-being intact—just like a beautiful stained glass window crafted from shattered pieces. If you’re asking yourself, ”How can I ensure my children aren’t destroyed by my divorce?” or ”Why does my lawyer always push for litigation?” this podcast is for you. Tune in, and let us guide you toward a healthier, more hopeful future for your family.

Listen on:

  • Podbean App
  • Spotify
  • Amazon Music
  • iHeartRadio
  • PlayerFM
  • Podchaser
  • BoomPlay

Episodes

5 days ago

In today’s episode of the Children First Family Law podcast, Krista is joined by Dr. Susan Fletcher, a licensed psychologist in both Texas and Colorado, known for her deep experience with court-involved families and child-focused evaluations. Together, they explore what children truly experience during and after a divorce and how parents and professionals can better support their transition to life in two homes.
Dr. Fletcher explains how children internalize language like “custody” and “visitation” and offers practical suggestions for reframing these terms in ways that support emotional resilience. She stresses the importance of maintaining consistency, recognizing a child's individual vulnerabilities, and reframing transitions as opportunities rather than losses. The conversation covers early intervention, therapist involvement, and the crucial role of in-home observations for professionals working with families post-divorce.
This episode also addresses why mental health providers may resist testifying in court, how board complaints create fear, and what professionals can do to better navigate the intersection of clinical care and legal involvement. Dr. Fletcher shares real-world experiences from both therapy and evaluations, bringing clarity to a complex and emotionally charged aspect of family law.
In this episode, you will hear:
Children often absorb adult terminology like “custody” and “visitation” in ways that affect their sense of identity
Simple language changes and reframes can support emotional safety during transitions
Some kids adapt easily to two homes, while others need more structured emotional support
In-home observations provide professionals with a clearer context for how children experience post-divorce life
Fear of licensing complaints can prevent therapists from staying involved in court cases, even when their voices matter
Parents can remain emotionally available without overwhelming their children
Creating a strong support system helps families and professionals navigate ongoing changes
Shifting focus from fear-based reactions to hopeful engagement promotes healthier outcomes
Resources from this Episode
www.fletcherphd.com
www.childrenfirstfamilylaw.com
All states have different laws; be sure you are checking out your state laws specifically surrounding divorce. Krista is a licensed attorney in Colorado and Wyoming but is not providing through this podcast legal advice. Please be sure to seek independent legal counsel in your area for your specific situation. 
Follow and Review:
We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.
Episode Credits
If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

Monday Jun 23, 2025

In this episode of the Children First Family Law Podcast, Krista welcomes Seth Goldstein, a California-based family law attorney, expert witness, and former police officer with over four decades of experience in child protection. The conversation centers on how courts respond—or fail to respond—when child abuse allegations arise in the context of divorce or custody disputes.
Drawing on his experience in law enforcement and years of litigating high-conflict family law cases, Seth offers a rare dual perspective that spans criminal investigations, forensic evidence, and courtroom advocacy. Krista and Seth examine how family courts often lack the protections, resources, and trauma-informed systems that exist in dependency courts, leaving children vulnerable in legal battles that prioritize parental rights over child safety.
Krista and Seth also discuss how allegations are frequently dismissed as custody tactics, the limitations of child protective services, the misunderstood role of minors’ counsel, and how new legislation, like Colorado’s Kayden’s Law and House Bill 24-1350, aims to shift the focus back to the child.
This episode is a must-listen for family law professionals, child advocates, and parents navigating abuse concerns in the middle of divorce. It’s also a sobering look at what can go wrong and what needs to change to prevent tragedy.
In this episode, you will hear:
The disconnect between how criminal courts and family courts handle child abuse allegations
Why dependency courts offer more protection for children than family courts
How courts evaluate the credibility of abuse claims in custody disputes
The critical role of evidence, mandatory reporters, and multidisciplinary teams
Why some abuse reports are dismissed, even when they’re credible
The dangers of forced reunification and outdated views on co-parenting
Colorado’s response through Kayden’s Law and HB 24-1350
What parents can do if they suspect abuse, and fear the system won’t believe them
The long-term effects of domestic violence on children, even without direct exposure
A call for reform: shifting from shared parenting presumptions to child-centered outcomes
Resources from this Episode
www.childrenfirstfamilylaw.com
www.lawofficesofsethgoldstein.com
www.missingkids.org/home
fvaplaw.org
www.phillyburbs.com/story/news/local/2024/03/26/kayden-mancuso-pa-legislature-kaydens-law-child-custody-reform-bucks-county/73103605007/#:~:text=What%20happened%20to%20Kayden%20Mancuso,%2C%22%20and%20then%20killed%20himself.
www.hud.gov/vawa#close
leadershipcouncil.org
www.ivatcenters.org
www.peaceoverviolence.org/iii-the-cycle-of-violence-and-power-and-control
www.thehotline.org/here-for-you
bwjp.org
All states have different laws; be sure you are checking out your state laws specifically surrounding divorce. Krista is a licensed attorney in Colorado and Wyoming but is not providing through this podcast legal advice. Please be sure to seek independent legal counsel in your area for your specific situation. 
Follow and Review:
We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.
Episode Credits
If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

Monday Jun 16, 2025

In this solo episode of the Children First Family Law podcast, Krista, a Colorado-based family law attorney and child advocate, breaks down her structured approach to serving as a Child’s Legal Representative (CLR) in high-conflict divorce and custody cases across the state.
Krista shares her 11-step process for advocating on behalf of children during some of the most complex and emotionally charged family law matters. Drawing on her experience practicing throughout Denver, Boulder, Fort Collins, and Colorado Springs, she guides listeners through the process of how CLRs are appointed, their interactions with families, and how they contribute to shaping child-centered solutions both inside and outside the courtroom.
From initial appointments and home visits to therapeutic collaboration and final court engagement, Krista explains how an active, negotiation-based model empowers children to have a voice while protecting their well-being. She also compares the CLR role to other evaluative processes used in Colorado family courts, including CFIs and PREs, highlighting the benefits of real-time engagement and ongoing problem-solving.
For parents, attorneys, and professionals working in Colorado family law, this episode offers a clear and practical guide to what it means to truly represent the best interests of the child, with a process that’s informed, intentional, and deeply rooted in trauma-aware advocacy.
In this episode, you will hear:
How courts appoint a Child’s Legal Representative (CLR) in Colorado
Why earlier CLR involvement can lead to better outcomes for families
A detailed look at Krista’s 11-step CLR process, from start to finish
The value of active negotiation over passive observation in high-conflict parenting cases
The difference between a CLR and roles like CFIs or parenting evaluators
Strategies to support children’s voices in parenting time disputes
How Colorado-specific forms (JDF 1319/1320) initiate the CLR appointment process
 
Resources from this Episode
www.childrenfirstfamilylaw.com
All states have different laws; be sure you are checking out your state laws specifically surrounding divorce. Krista is a licensed attorney in Colorado and Wyoming but is not providing through this podcast legal advice. Please be sure to seek independent legal counsel in your area for your specific situation. 
Follow and Review:
We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.
Episode Credits
If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

Monday Jun 09, 2025

In this moving episode of the Children First Family Law Podcast, Krista welcomes acclaimed documentary filmmaker Ellen Bruno, the creator behind the powerful films “Split: The Early Years” and “Split Up: The Teen Years.” These documentaries feature a cast of real children who had experienced divorce of their parents, with purely their voices and artwork, no experts, no therapists, no adults – just the kids. Split featured the kids when young; Split Up then followed up with the same kids 10 years later, reflecting on how divorce had impacted them as they emerged into late teens and young adulthood. The films give incredibly powerful insight every parent going through family law dynamics should watch, as well as any professional in the family law arena. The film is raw, honest, and deeply impactful. 
In her conversation with Krista, Ellen shares the personal journey that inspired her to create Split, which began after her own divorce when she heard her own child and others in carpools from school discussing issues of divorce and the lightbulb that went off in her head that she could use her filmmaking to give voice to the voiceless and shine a light on the impact of divorce on children  She had already spent much of her career in humanitarian work and international filmmaking attempting to give voice to many different people groups, with films focusing on issues at the forefront of human rights. 
Ellen began her relief efforts in remote Mayan villages in Tabasco, Mexico. She worked in refugee camps on the Thai-Cambodian border with the International Rescue Committee, in Vietnamese boat camps with The Refugee Section of the American Embassy in Thailand, and as director of the Cambodian Women's Project for the American Friends Service Committee.
With a masters degree in documentary film from Stanford University, she is a recipient of Guggenheim and Rockefeller Fellowships, a Goldie Award for Outstanding Artist, an Alpert Award for the Arts,an Anonymous Was A Woman Award for the Arts, a Shenkin Fellowship from Yale University School of Art, and was an Artist-in- Residence at the Yerba Buena Center for the Arts, among many other accomplishments.
Krista and Ellen explore recurring themes from both Split films, including identity shifts, the emotional cost of “two homes,” and the unspoken pressure children feel to take care of their parents. They also highlight how parents, legal professionals, and mental health practitioners can utilize the films to gain a deeper understanding of the child’s perspective—and why it matters so much. Ellen shares, too, the potential for another film following up yet again with these now-adult kids and/or their parents, a possibility Krista encourages.
This conversation is a true gem for the podcast and a must-listen for divorcing parents, co-parents, attorneys, and anyone who works with families. It’s a powerful reminder that small choices can create lasting change and that truly listening to children can transform our approach to divorce.
In this episode, you will hear:
The emotional cost of silence and shame in divorce
Why kids need space to share their experiences without adult interference
The impact of small co-parenting gestures, like family photos or shared events
How the Split films help parents and professionals re-center on children
A reminder that divorce doesn’t end in six months—it’s a lifelong transition
 
Resources from this Episode
To purchase the “Split” films:
https://www.splitfilm.org/family-purchase-options/
https://www.splitfilm.org/
Contact Ellen Bruno: info@splitoutreachproject.org
www.childrenfirstfamilylaw.com
All states have different laws; be sure you are checking out your state laws specifically surrounding divorce. Krista is a licensed attorney in Colorado and Wyoming but is not providing through this podcast legal advice. Please be sure to seek independent legal counsel in your area for your specific situation. 
Follow and Review:
We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.
Episode Credits
If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

Monday Jun 02, 2025

Choosing a therapist for your child often feels daunting because it’s an important decision in the divorce process. Today’s guest offers invaluable advice on what to look for in a therapy professional.
On this episode of Children First Family Law, Krista welcomes child custody expert and Texas-licensed professional counselor Christy Bradshaw Schmidt. Christy has served as a private child custody evaluator since 2003, having completed more than 600 evaluations for families. She also serves as a private consultant and expert witness in family law matters like constructing parenting plans for kids less than three years old, relocation, reunification, and parent-child contact problems, among other topics. Christy is also a leading voice in helping therapists understand boundaries in high-conflict cases, the appropriate roles of mental health professionals in family law matters, and why selecting appropriate therapists for court-involved families is critical. Christy is the author of hundreds of articles and presentations surrounding issues related to children and family courts.
Krista and Christy begin their discussion by delving into Christy’s journey working with court-involved families. Christy explains the problem with therapists’ training, why nearly all cases requiring child custody evaluations also require therapeutic resources, and her experience with 600+ custody evaluations, with 90% of those including recommendations for therapy. You’ll hear specific ways parents can find the best and most appropriate mental health professionals and why more therapists need to enter this line of work. Krista and Christy cover the necessity of transparency between therapists and both parents, Christy’s process for dealing with parent-child contact cases, and why family law is an incredible career focus area for mental health professionals who can find many satisfying rewards in helping families flourish.
Divorce is incredibly distressing for children and families. Involving a qualified therapist can help guide parents to help children and parents cope with divorce realities and meet individual and coparenting needs moving forward.
In this episode, you will hear:
Christy Bradshaw Schmidt’s journey into working with court-involved families
The problem with therapists’ training, fostering fear in working with court-involved families
Why nearly all child custody evaluations recommend  therapeutic resources to help fix the problems
The incredible dearth of trained professionals willing to do this critically important work, for example about 25 in the Dallas/Fort Worth, Texas, area, demonstrating the serious issues of supply and demand mismatch for families going through divorce and needing help
Specific ways parents can find the best, most appropriate mental health professionals by using the right keywords and asking the right questions
The problems and likely damage parents face when they choose the wrong mental health professionals
 
Why more therapists need to go into this line of work
Therapists’ basic training that makes them ill-equipped to do this work
How therapists can obtain the necessary skills to help court-involved families
The importance of therapists for the family to work with one another and communicate regularly
The need for transparency between therapists and both parents
Rebuilding and fostering trust between parents
Ethics considerations for therapists involved with court-involved families
Why mental health professionals should testify regarding their work when parents go to court in family law cases
The process Christy would use in a family with parent-child contact problems
What other states can learn from Texas, which created rule changes around grieving therapists in these cases, giving them more protection and allowing more therapists to be willing to do this important work
Why Christy believes family law is an incredible area in which mental health professionals can focus one’s career, giving therapists so many opportunities to help families flourish despite the breakdown caused by divorce
Resources from this Episode
www.childrenfirstfamilylaw.com
txfamilylawforensics.com/wp-content/uploads/2022/08/CV-combined-version-with-CE-5425feb.pdf
txfamilylawforensics.com
All states have different laws; be sure you are checking out your state laws specifically surrounding divorce. Krista is a licensed attorney in Colorado and Wyoming but is not providing through this podcast legal advice. Please be sure to seek independent legal counsel in your area for your specific situation. 
Follow and Review:
We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.
Episode Credits
If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

Monday May 26, 2025

Many professionals in the divorce community are beginning to recognize the impact divorce can have on children. Out of that realization, innovative programs are emerging that can help children and families flourish despite a divorce.
On today’s Children First Family Law, Krista interviews Trina Nudson, creator of nationally available child-centered co-parenting programs that parents anywhere can access to transform the quality of their co-parenting. Trina first worked as a foster care social worker and later transitioned to a best interest attorney for kids. She recognized that children and parents of divorce needed better solutions to help safeguard childhood and strove to find solutions for change. Trina recently launched her innovative BeH2O program, training professionals across the United States to encourage parents to transform their co-parenting and navigate challenges with resilience and fluidity that overflows to their children, helping everyone flourish.
Krista and Trina start their conversation by delving into Trina’s background in social work, what led her into law, and finally, her work as an entrepreneur developing programs to help parents and children flourish post-divorce. You’ll hear about her initial project, The Layne Project, now known as The Layne Project 4 Families, and how that led to the creation of BeH2O, a 16-week co-parenting curriculum. She shares what she means by “safeguarding childhoods,” the various offerings BeH2O offers participants and coaches, and how BeH2O integrates kids into the process. Trina explains why co-parenting requires rebuilding and shares some of her family success stories. Finally, Trina explains the cost of BeH2O and why it can be much more cost-effective than further involving the court and attorneys.
Previously, resources for parents who want to co-parent more effectively have been limited, but with emerging programs like BeH2O, parents have more options than ever to improve co-parenting dynamics.
In this episode, you will hear:
Trina Nudson’s journey from social work to law to entrepreneur, developing real solutions to help divorced parents be the best possible co-parents
How she helped innovate Kansas courts to better serve children, including through the state's triage system.
The suffering ALICE families (asset-limited, income-constrained, employed families) experience with few services available to help them be better co-parents and help their children flourish despite divorce
The Layne Project in Kansas, Trina’s initial effort to meet these needs head-on for decades, now a nonprofit called The Layne Project 4 Families
New solutions to scale her program through BeH2O, a 16-week co-parenting curriculum, with offerings now (or soon) in 14 states, and goals to reach all 50 states within two-and-a-half years
Trina’s goal to “safeguard childhoods,” and why divorced parents need to do the same
How BeH2O Coaching offers training through Trina’s competitive, selective program for professionals serving families.
Details about how the program works, including integrating kids into the process 
The program is not “magic fairy dust” but “getting real”
Program topics include: effective communication, tools for tough situations, empathy and understanding, commitment to growth, and well-being beyond parenting
Why co-parenting change requires rebuilding, because the old models of parental interaction are obsolete
BeH2O is not therapy and not typical parent coaching, but rather a guided, curriculum-based program 
Real success stories and transformation for even the most entrenched parents
How the EOS (Entrepreneurial Operating System) system helps Trina run the program
The cost of attending the program as a professional or parent
Resources from this Episode
thelayneproject.com/educational-programs/beh2o
beh2ocoaching.com
tlp4families.org
thelayneproject.com/blog
www.childrenfirstfamilylaw.com
All states have different laws; be sure you are checking out your state laws specifically surrounding divorce. Krista is a licensed attorney in Colorado and Wyoming but is not providing through this podcast legal advice. Please be sure to seek independent legal counsel in your area for your specific situation. 
Follow and Review:
We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.
Episode Credits
If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

Monday May 19, 2025

When couples split up, animosity and resentment can fester, leaving children caught in the middle.
On this episode of Children First Family Law, Krista welcomes Jill Reiter and Dr. Shelley Bresnick to discuss their program, Co-Parenting with Respect, a 10-session curriculum that brings children’s voices to the forefront and delicately facilitates parents learning to be the best possible co-parents. Shelley is a clinical psychologist who has worked with Colorado’s court-involved families for decades as a parental responsibilities evaluator, co-parent educator, and parenting plan consultant. She is also a therapist, working with children, adolescents, couples, and families. Jill is a licensed clinical social worker who received much of her early training with psychiatrists in child, adolescent, and adult inpatient psychiatric units. She has years of experience working with disrupted family systems through the public and private sectors. Jill maintains a private practice in Colorado, specializing in child, adolescent, and family therapy, including parent-child contact problems and parent coaching.
Krista, Jill, and Shelley begin their discussion by exploring the providers’ backgrounds and how they decided to partner to develop Co-Parenting with Respect. Jill and Shelley explain how they screen co-parents for the program, the positive impact on children when parents overcome dysfunctional co-parenting dynamics, and how they implement child voice sessions. Jill and Shelley outline the Co-Parenting with Respect curriculum, explain what situations and families the curriculum best serves, how they teach parents to communicate together, and share a couple of their favorite success stories of families who completed the program. Finally, the family law bar and in particular litigation-focused attorneys need to know about their role in the divorce process and the impact litigation focus has in harming families and coparenting outcomes
Reframing the co-parenting dynamic is a critical piece of the puzzle following divorce. Shelley and Jill are teaching parents how to communicate and interact so their children can flourish for years to come with both parents.
In this episode, you will hear:
Jill Reiter’s background in social work and discovery of a passion for work in the divorce and domestic relations realm
Dr. Shelley Bresnick’s entry into divorce work after completing her Ph.D.
The development of Jill and Dr. Bresnick’s Co-Parenting with Respect program
How they screen co-parents for their program, and the impact that domestic violence can have on the screening
Overcoming difficult co-parenting dynamics and the positive impact it can have on children
The goal of Child Voice Sessions and what makes them unique.
An outline of the Co-Parenting with Respect curriculum
Teaching parents how to communicate together, focusing on the children, and the shift that occurs when parents learn these skills
Jill and Shelley’s favorite family success stories from their program
The family dynamics best suited for the Co-Parenting with Respect program
Finding common ground with which parents can resonate and use to turn their relationship into a business-like relationship that is courteous and puts children first
What attorneys need to know about their role in the divorce process and the impact litigation focus has in harming families and coparenting outcomes
 
Resources from this Episode
www.coparentingwithrespect.com
Jill Reiter, LCSW, is offering the CPR program at the following location:   
750 E. 9th Ave Suite 104
Denver, CO 80203
Call or email: 720-810-9910 or jill@jillreiterlcswpllc.com
jillreiterlcswpllc.com
Shelley Bresnick, PsyD, PLLC, is offering CPR at the following location. 
710 Kipling Suite 103
Lakewood, CO 80215
Call or email: 303-601-4983 or shelleybresnick@gmail.com
shelleybresnickpsyd.com
www.childrenfirstfamilylaw.com
All states have different laws; be sure you are checking out your state laws specifically surrounding divorce. Krista is a licensed attorney in Colorado and Wyoming but is not providing through this podcast legal advice. Please be sure to seek independent legal counsel in your area for your specific situation. 
Follow and Review:
We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.
Episode Credits
If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

Monday May 12, 2025

Courts worldwide handle divorce and children differently, and Australia’s system is one today’s guest knows well.
On today’s episode of Children First Family Law, Krista welcomes Justice Tom Altobelli, a family law judge from Sydney, Australia, who has served as a leader of international organizations focusing on doing divorce better. Justice Altobelli is a former professor at Western Sydney University and has been on the bench since 2006, rising to the Federal Circuit and Family Court of Australia in 2020. In 2023, Justice Altobelli was appointed as a member of the Order of Australia in recognition of significant service to the law and legal education. He is also the author of many books and articles, focusing on children and the law.
Krista and Justice Altobelli’s conversation starts by highlighting his long career in family law, beginning with his experience as an attorney and then as a professor. Justice Altobelli outlines the court structure differences between the United States and Australia, the evidence rules Australia created for less adversarial court procedures, and dispute resolution rules that have changed since 2006. He explains Child Impact Reports that can aid in the dispute resolution process, the role of Independent Children’s Lawyers, and Australia’s unique process of triaging  families based on the circumstances of individual situations. Krista and Justice Altobelli discuss the oddities of the U.S. family court structure and Justice Altobelli’s work in understanding the effect that being caught in the divorce crossfire can have on children.
The structure of family courts may differ around the world, but Justice Altobelli underscores that people around the world seek to put children first and ensure they aren’t caught in their parents’ crossfire.
In this episode, you will hear:
Justice Altobelli’s background as a former professor at Western Sydney University and attorney in Australia and his experience on the bench as a family court judge since 2006
Court structure differences between the United States and Australia and other countries
Evidence rules in Australia that create far less adversarial court procedures
How these new rules have improved the speed and efficacy of family law cases
Dispute resolution rules before 2006, and the change in the importance of mediation
The focus on empowering, encouraging, and educating parents to settle cases about their children outside of a courtroom
The blending of all issues in the dispute resolution process and the Child Impact Reports that arise out of this process
Independent Children’s Lawyers and when they are assigned to a case
Triaging cases based on the individual circumstances of each one
The oddities of the U.S. family court structure and the influence of the emphasis on individual rights
Why children generally don’t come to court in Australia
Trends internationally in family law and the commonalities that countries often share
Justice Altobelli’s work in understanding the effect of children being caught in the divorce crossfire 
 The reality that fears persist from lawyers and judges regarding  loosening evidentiary rules in family law courts
 
Resources from this Episode
www.childrenfirstfamilylaw.com
All states have different laws; be sure you are checking out your state laws specifically surrounding divorce. Krista is a licensed attorney in Colorado and Wyoming but is not providing through this podcast legal advice. Please be sure to seek independent legal counsel in your area for your specific situation. 
Follow and Review:
We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.
Episode Credits
If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

Monday May 05, 2025

Parents often want their children’s voices to be heard during the divorce process. However, how that happens can vary greatly depending on the family’s situation.
On this episode of Children First Family Law, Krista explains the “best interests” standard in Colorado and what families can expect regarding their child’s voice being heard in court. She outlines the nine factors Colorado uses to determine parenting time allocation, including considerations of factors used in allocating decision-making in a no-fault divorce state. Krista shares specific situations, such as alcohol or drug abuse or domestic violence, that can elevate a child’s voice in these scenarios, the ideal scenario for parenting time versus what often occurs, and ways a therapist can be utilized in a divorce case. She defines the roles of Child and Family Investigators (CFIs) and Parental Responsibilities Evaluators (PREs), as well as the drawbacks of involving either of them in a case. Finally, Krista explains how you can benefit from a child’s best interests attorney (Child’s Legal Representative or “CLR”) to attempt to curate solutions alongside parents and professionals involved in your case while representing the best interests of the child as an attorney advocate who obtains and considers the child’s wishes
Divorce can be messy and traumatic for everyone involved. Keeping your child’s best interests at the forefront and hiring qualified professionals can make the process smoother, making it more manageable for everyone.
In this episode, you will hear:
The use of the “best interests” standard in Colorado
Ensuring a child’s voice is heard in the court while avoiding an adversarial approach to the other parent
Colorado’s implementation of nine factors to determine parenting time allocation, including:
Parents’ wishes
Child’s wishes
The relationship between the child and parents, siblings, and any other person who significantly affects the child's best interests
The child’s adjustment to home, school, and community
The mental and physical health of everyone involved
The parties’ ability to encourage the sharing of love, affection, and contact between the child and the other parent
Whether the parties’ past involvement shows a system of values, time commitment, and mutual support
How far apart the parties live
The ability of each party to place the needs of the child ahead of their own needs
How no-fault divorce impacts considerations of parenting time and decision-making
Alcohol abuse, drug abuse, and domestic violence, and Colorado’s statute that indicates a child’s voice should have strong consideration in these situations
The ideal scenario for parenting time versus what often occurs
A movement in Colorado toward children over 12 years old to become more actively involved in court proceedings and hearings in the dependency and neglect courts but not so much in domestic/divorce courts
Ways a therapist can be used in court proceedings
Bringing in witnesses to testify to what’s best for the child
The role of Child and Family Investigators (CFIs) in Colorado, their requirements, their cost, and how they can impact the parenting dynamic
The role of Parental Responsibilities Evaluators (PREs), who can do everything a CFI can, plus do deeper analysis including psychological testing of parents
The downsides of bringing in CFIs and PREs
The benefits of a child's best interest attorney or Child Legal Representative (CLR), who they represent, the requirements they must meet, what they can and cannot do, and what they cost
A CLR’s ability to curate the right people to work with the parties involved in the case
When you should pursue a child advocate and why you shouldn’t wait too long
Resources from this Episode
www.childrenfirstfamilylaw.com
All states have different laws; be sure you are checking out your state laws specifically surrounding divorce. Krista is a licensed attorney in Colorado and Wyoming but is not providing through this podcast legal advice. Please be sure to seek independent legal counsel in your area for your specific situation. 
Follow and Review:
We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.
Episode Credits
If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

Monday Apr 28, 2025

Co-parents often find themselves at a stalemate with one parent distrustful of the other. Trust can be rebuilt, and returning guest Dr. Michael Saini has some tips on how to do it.
On today’s episode of Children First Family Law, Krista welcomes back Dr. Saini, a Toronto-based renowned psychologist who has authored more than 200 publications, including book chapters, government reports, systematic reviews, and a vast number of peer-reviewed journal articles highlighting research in the area of family law and its impact on children. Dr. Saini is a passionate advocate for children’s rights.
Krista and Dr. Saini begin their conversation by explaining the importance of establishing boundaries around trust and repairing trust violations in the context of a divorce situation. Dr. Saini outlines the research on trust as the number one dynamic for co-parenting success, emphasizing the importance of accepting who your co-parent is and building trust despite any disputes you may have with them. He shares why coming to terms with “good enough” parenting can be helpful, how the erosion of trust can lead to additional conflicts as co-parents, and why the conflict is worse for your kids than getting your way in the fight you’re having with your co-parent. You’ll hear Dr. Saini’s method of using mini goals to rebuild trust with your co-parent, the foundation childhood creates for trusting or distrusting in future relationships, the importance of exposing kids to new romantic partners carefully, and learning to become comfortable with your new roles post-divorce. Finally, Krista and Dr. Saini explain when trust-building models aren’t appropriate and how to figure out what each parent is willing to do to demonstrate their trustworthiness.
Trust is a complex and significant topic in divorce, and Dr. Michael Saini’s tips can help you rebuild trust with your co-parent and foster a healthy relationship for your children, thereby breaking intergenerational conflict tendencies.
In this episode, you will hear:
Building boundaries around trust and repairing trust violations
Research about trust being the number one dynamic for co-parenting success
Dr. Michael Saini’s take on viewing trust as a bank account with a positive or negative balance based on experiences
The importance of coming to a place of acceptance of your co-parent, thinking beyond the dispute, and building trust
“Good enough” parenting and not placing your standards on the other parent
Why emotional processing is like an iceberg, because we only see a small portion of it
How erosion of trust leads to additional conflict in co-parenting
For your kids, the impact of the conflict is far more harmful than who 'wins' the argument.
Anger and fear as secondary emotions to fear
Using mini goals to rebuild trust
Childhood is the foundation for trusting or distrusting future relationships
When conflict is modeled poorly over generations,kids can repeat the same unhealthy patterns rather than learning how to resolve them
Exposing kids to new romantic partners very carefully
Boundary ambiguity post-divorce and becoming comfortable with new roles
When the trust-building models are not appropriate, especially considering the dynamics of violence
What each parent is willing to do to demonstrate trustworthiness
Resources from this Episode
www.childrenfirstfamilylaw.com
Dickie 2015 Trust and Conflict Resolution - http://childrenfirstfamilylaw.com/wp-content/uploads/2025/04/Dickie-2015-Trust-and-Conflict-Resolution.pdf
Saini 2025 Trust in AFCC CA Handouts2PP - http://childrenfirstfamilylaw.com/wp-content/uploads/2025/04/Saini-2025-Trust-in-AFCC-CA-Handouts2PP.pdf
All states have different laws; be sure you are checking out your state laws specifically surrounding divorce. Krista is a licensed attorney in Colorado and Wyoming but is not providing through this podcast legal advice. Please be sure to seek independent legal counsel in your area for your specific situation. 
Follow and Review:
We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.
Episode Credits
If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

Copyright 2024 All rights reserved.

Podcast Powered By Podbean

Version: 20241125