| Nan’s trial and appellate practice includes
divorce and prenuptial planning, child custody and parenting plans,
guardianships of children and the mentally impaired, paternity, grandparent
visitation, adoption and representation of foster parents, child abuse
and neglect and proceedings involving the Department of Social Services,
probate litigation, and other family law issues involving extended
and nontraditional as well as traditional family structures. She is
also a trained parent coordinator and has served the Massachusetts
courts extensively as a guardian ad litem in these and related
matters.
The founding director of the Children and Family Law Program of
the Committee for Public Counsel Services, Nan pioneered representation
of children in complex custody disputes and has focused her work
on issues involving child custody, children and parenting both in
the context of litigation and in her alternative dispute resolution
practice which includes mediation and serving as a collaborative
lawyer. Her extensive experience as an appellate attorney includes
over fifteen reported cases, a number of them ground breaking, involving
child custody, adoption and guardianship of both children and the
mentally impaired. Among them are Custody of Lori, 444 Mass. 316
(2005); Adoption of Lars, 46 Mass. App. Ct. 30 (1998); Care and
Protection of Isaac, 419 Mass. 602 (1995); Care & Protection
of Robert, 408 Mass. 52 (1990); In the Matter of Mary Moe, 385 Mass.
555 (1982); Petition of the Department of Pub. Welfare to Dispense
with Consent to Adoption, 383 Mass. 573 (1981); Custody of a Minor
(No. 2), 378 Mass. 712 (1979); and Custody of a Minor (No. 1), 377
Mass. 876 (1979). She has also written several books and numerous
articles on child custody, guardianship and family law issues.
Nan has also created and presented a wide variety of education
and training programs for family law litigation lawyers and appellate
attorneys as well as other professionals involved in family law,
child custody and parenting issues, and she has been a frequent
speaker on issues involving children in the legal system. She is
a former board member and officer of the Association
of Family and Conciliation Courts (AFCC), a member of the Massachusetts
and American Bar
Association family law committees, and serves on the Steering
Committee of the Boston
Bar Association’s Family Law Section. Nan has also served with
numerous organizations addressing children’s issues, including her
appointments to the Massachusetts Supreme Judicial Court’s Commission
on Juvenile Justice and the Governor's and Massachusetts Bar Association’s
Commission on the Unmet Legal Needs of Children, as well as service
on the boards of editors of the Massachusetts Family Law Journal
and the Boston Bar Journal.
Through her experience, Nan has developed the belief that conflicts
within families, especially those involving children and the mentally
impaired who are least able to speak for and protect themselves,
can and too often do cause significant harm to those individuals,
both in the shorter term as the conflict occurs, and over the longer
term as they live and grow with its consequences. Her experiences
with conflict in a broad range of arenas, including divorce and
paternity, child abuse and neglect, mental illness, retardation
and deterioration, foster care and adoption, and extended family
conflicts over care, custody and contact, have led to the conviction
that while some cases must be litigated, others should not. By emphasizing
problem-solving models such as collaborative lawyering and mediation
and using litigation as a tool when necessary, she strives to minimize
the harm and maximize the benefit of the legal system to families
and enable them to structure and restructure family constellations
constructively and positively.
For additional information on Jinanne Elder, please see her resume.
To contact Jinanne Elder, please email her at elder@bmenlaw.com.
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