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Gag Orders in Child-Custody Litigation: Social Media and the Privacy Interests of Children (Family Law Institute 2023)


  • City:
  • Start Date:2023-04-19 20:00:00
  • End Date:2025-04-19 20:00:00
  • Length:
  • Level:Intermediate
  • Topics:Family Law

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Overview

Can a family court judge direct custody litigants not to “deadname” their trans child? Can custody litigants be directed not to post about their case on social media? The First Amendment and child-custody adjudication collide in this program about gag orders and the privacy interests of the child.

Recorded at the Family Law Institute in April 2023.

Faculty

Mark Momjian Esq.

A graduate of Columbia College and the Columbia University School of Law, Mr. Momjian is a co-founder of Momjian Anderer, LLC, a family law practice based in Philadelphia. Listed in The Best Lawyers of America and Who’s Who in America,  he is co-author (with his late father, Albert Momjian) of Pennsylvania Family Law Annotated, published by Thomson Reuters and currently in its 15th edition. Mr. Momjian writes and lectures frequently about trends in domestic relations, with a special emphasis on biotechnology’s impact on family law. His LGBTQ advocacy is co-extensive with his legal career. In the mid-1980s, Mr. Momjian served as a member of the Women’s Law Project’s Working Group on the Legal Rights of Lesbian Mothers, where he was an early advocate of second-parent adoption. His articles on marriage and transgender equality date from this period. Mr. Momjian served as the first co-chair of the Committee on the Legal Rights of Unmarried Cohabitants of the Philadelphia Bar Association’s Family Law Section. As a member of the Alternative Families Committee of the American Bar Association’s Family Law Section, he has presented across the country on topics ranging from the interstate recognition of same-sex marriage to the elimination of sexual orientation as a factor in child custody adjudication. Mr. Momjian is the recipient of many awards and honors for public service, including Pro Bono Attorney of the Year presented by the Center for Lesbian and Gay Civil Rights, the Cheryl Ingram Advocate for Justice Award presented by the Philadelphia Bar Association, the Outstanding Advocate Award presented by SeniorLAW Center, and the Earl J. Harrison Award for Distinguished Pro Bono Service. In 2002, he handled the first appellate case in the nation involving a former domestic partner’s legal obligation to pay child support, and in 2006, he successfully defended the constitutionality of the Grandparents Visitation Act before the Pennsylvania Supreme Court. Mr. Momjian is an adjunct professor of law at Villanova University School of Law and an adjunct professor of psychiatry at Drexel University’s College of Medicine.  He currently serves on the Joint State Government Commission’s Advisory Committee on Domestic Relations. 

Hillary Moonay Esq.

Ms. Moonay is a partner at Obermayer Rebmann Maxwell & Hippel, LLP, in Doylestown where she co-chairs the family law department. She focuses her practice exclusively in the area of family law, where she handles all phases of the negotiation and litigation of domestic relations cases, including divorce, child custody, child support, alimony/spousal support, equitable distribution, prenuptial and postnuptial agreements and related issues. Ms. Moonay is well-versed in the financial aspects of divorce cases, including the intricate issues related to complex business valuations and forensic accounting matters. While she is a skilled litigator with extensive experience handling complex divorce matters, she also is trained in several areas of alternative dispute resolution, including arbitration, mediation and collaborative law. Ms. Moonay is a Fellow of the American Academy of Matrimonial Lawyers and has been selected by her peers for inclusion in The Best Lawyers in America every year since 2016. She is an Avvo Rated Attorney and has been awarded an AV Preeminent rating from Martindale Hubbell. Ms. Moonay is actively involved in numerous professional associations. She serves in many capacities for the Pennsylvania Bar Association Family Law Section including currently serving as the Section’s chair. She has previously chaired various committees of the section. Additionally, Ms. Moonay is currently the co-chair of the Bucks County Bar Association Family Law Section and serves on the Board of Trustees of the Bucks County Bar Foundation. Ms. Moonay contributed to the book, Slicing Up the Pie: Property Distribution in Pennsylvania, published by the Pennsylvania Bar Institute Press. She has authored articles for The Legal Intelligencer, including Judicial Interviews of Children in Custody Cases, It’s Wedding Season: Do I Need a Prenuptial Agreement and The Impact of Social Media on Family Law Matters, and frequently lectures on a variety of family law topics. Ms. Moonay earned her B.A. in Psychology and Criminal Justice, graduating cum laude, from University of Maryland and her J.D. from University of Michigan Law School. 

Hon. Alita A. Rovito

Judge Rovito joined the Chester County Court of Common Pleas in January 2022 and was named the Administrative Judge of Family Court in January 2025. She hears family, criminal and juvenile cases. Prior to her election, she was a sole practitioner in West Chester when, in January 2009, she opened Rovito Law LLC. Her practice was concentrated in all aspects of family law. Judge Rovito also acted as a mediator, arbitrator and a parenting coordinator, both prior to the new rules and after. Prior to opening her own practice, Judge Rovito served as a Family Court Hearing Officer in Chester County for almost 15 years. She presided over thousands of custody conciliations and record support, divorce, and complex equitable distribution hearings. Judge Rovito has also acted as the Juvenile Hearing Officer in both dependency and delinquency matters. After a brief period of time as in-house counsel for a Fort Washington business, Judge Rovito joined the Chester County District Attorney’s Office in 1988, where she assisted with the establishment of the Child Abuse Unit and was the managing attorney of the unit until she left in 1994 to join the Hearing Officers’ Unit. She is a member of the Education Committee for PCSTJ and co-chair of the Family Law Section. She is also a member of the Supreme Court Domestic Relations Procedural Rules Committee. She is a member of the Chester County and Pennsylvania Bar Associations and the American Academy of Matrimonial Lawyers.


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