Thursday, August 26, 2004

Well meaning?

People keep telling me that the family court workers are well-meaning professionals, and are not evil. They are just trying to deal with difficult situations as simply and as best as they can.

I think that most of them are well-meaning. The same is true of cops and prosecutors. But accused criminals still have rights to due process, confrontation of witnesses against them, and a jury of peers. Parents routinely lose their kids without any of those rights.

I don't even think that the system's errors are just those of short-circuiting justice for simplicity. The simple approach would be to just ignore domestic violence claims, or to refer them to the criminal justice system. The simple approach would be to just ignore petty marital disputes since we have no-fault divorce. The simple approach to contested custody would be to say that parents automatically get 50-50 custody, unless there is the sort of contrary evidence that would stand up in criminal court. The simple approach would be to ignore hearsay, rather than try to assess its reliability. The simple approach would be to record interviews, so that there would be no dispute about what was said.

1 comment:

Anonymous said...

there is no 50-50 custody, the court always wants one parent to have more than 50% so they can dedicate a primary residence for the child. they want one place to return the child to. dad who asks for 50-50 is just asking for position, and asking for a number, they court starts you at a certain schedule, and you show you are a good dad, they give you some more time, if you have bad image you start loosing time, they want you back in the court, to keep the system going, they have heard all excuses that you even you have never thought off. do you know how many case your judge deal with every year?? thousands, so they have at least 100 time more experience than your attorney, they are the system, and they like people like you to give them fuel. bite the bullet, take what you can get, and stay out of the court house, no matter what, that was the lesson that I learned. the sooner the better to learn it.