Ind. Elkhart Cnty. Local Rule LR20-FL00-405

405.1 Three Pathways

Applied to Domestic Relations with Children (DC), Domestic Relations without Children (DN), Juvenile

Paternity (JP), Guardianship (GU), Adoption (AD), Grandparent Visitation (GV), and Third Party

Custody (MI)cases.

A. Streamlined: This track requires little exercise of discretion or where the parties have reached full

agreement or require less than fifteen minutes of the judicial officer’s time. Parties agree on how to

move forward and due to this, hearings may not be required.

B. Tailored: These cases, while not suitable for the streamlined track, are typical and do not include

sensitive matters or issues likely to need expert or specialized training to be adequately addressed.

Virtually all of these cases will be suitable for some form of facilitated settlement or other Alternative

Dispute Resolution method. These cases are not likely to result in a trial.

C. Judicial/Specialized: Cases involving domestic violence, child abuse, substance abuse, or mental

health issues require specialized knowledge and expertise to handle them safely and appropriately.

These cases benefit from a greater degree of judicial involvement. Such cases can be suitable for a

facilitated settlement if the facilitator has sufficient training and if appropriate safeguards are taken

(such as shuttle mediation, staggered arrival and departure times, separate waiting areas); some form of

Alternative Dispute Resolution may be preferable since litigation can be traumatizing.

405.2. Triage Questionnaire

The Triage Questionnaire is a document that assists the Office of Family Court Services staff in

designating a case to the appropriate pathway during Triage. This document also helps to inform the

assigned judicial officer of any pertinent issues prior to an initial hearing in a case. The Triage

Questionnaire is required in all Divorce, Paternity, Third Party Custody, and Grandparent Visitation

cases: Triage Questionnaire

A separate Guardianship Triage Questionnaire is required in all Adult and Minor Guardianship cases:

Guardianship Triage Questionnaire

405.3. Cooperation Required

All individuals shall provide information as requested and complete all forms and documents designated

by the Elkhart Office of Family Court Services and the Court.

The Elkhart Office of Family Court Services and the Court shall, with due notice, provide such forms and

documents in a format most likely to assist the Elkhart Office of Family Court Services and the Court in

the timely execution of this Rule.