The real problems every parent must be prepared to face within the system

1.   PROBLEMS PRESENTED BY THE COURTS

ON THIS PAGE:

(A)  Judges Have Far Too Much To Do, In Far Too Little Time

(B)  Judges Have Virtually No Power With Which to Help Parents and Children Address 2/3 of Their Problems

(C)  Some Judges Are More Competent Than Are Others

(D)  Some Judges Are Less Biased Than Are Others

(A)    Judges Have Far Too Much To Do, In Far Too Little Time

    A typical daily calendar for a family law judge can have between 15 and 30 hearings. That gives the judge only a few minutes on average for each hearing: (a) to read the pleadings and exhibits of all parties; (b) to listen to, and to consider, each party's arguments and rebuttals; (c) to conduct research on esoteric areas of the law if and when necessary; and, (d) to issue the court's findings and orders as to each and every issue each party presents. 

    In addition, the judge must address all of the court's administrative matters.

(B)   Judges Have Virtually No Power With Which To Help Parents And Children Address 2/3 Of Their Problems

    Parenting issues fall into 3 general categories:

        Category #1: Issues involving matters that are easily quantifiable or definable. These issues involve such things as: (a) money; (b) time; and, (c) specific, easily definable behavior.

         Category #2: Issues concerning each parent's contribution to the other parent's welfare, peace of mind, and successful co-parenting.

        Category #3: Issues concerning each parent's contribution to the children's welfare, peace of mind, and access to successful co-parenting.

The first category of issues are those which can be addressed with court orders. The other two depend almost exclusively on the parents' willingness to get along with each other. More specifically:

        Category #1 issues are those that can be meaningfully addressed with court orders specifying: (a) which parent pays how much money to whom, when, and for what; b) time periods during which each child has access to, and parenting from, which parent; (c) easily definable decisions each parent is authorized to make for which child; and, (d) restraints on certain conduct, to prevent a parent from jeopardizing the safety or peace of the other parent, and perhaps of the children.

         Category #2 issues can be directly addressed only by the parents themselves, to the extent that the parents get along and cooperate with each other. Parents in constant conflict create stress and all kinds of other grief for each other. Parents who get along cooperate with each other and make life in general easier for each other. Rarely, if ever, does the court have any direct influence over this category of issues.

        Category #3 issues, once again, can be addressed only by the parents themselves. Parents who get along well with each other, create healthy environments that nurture their children's welfare and peace of mind. Parents in conflict create the opposite. Rarely, if ever, does the court have any direct influence over this category of issues either.

(C)   Some Judges Are More Competent Than Are Others

    Judges are either appointed by a politician in power, or are directly elected by the public. Either way, judges are chosen based entirely on politics. Their actual competence to be a judge is not relevant.

    Once appointed or elected, judges are required to attend training. However, as with all human beings, some learn and apply their training better than do others. Hence, some judges are more competent than are others.

(D)   Some Judges Are Less Biased Than Are Others

    All human beings have their personal biases and prejudices. Judges are no different.

    Once appointed or elected, judges are required to attend training. That training involves substantial emphasis on overcoming bias. However, as with all human beings, some learn and apply their training better than do others. Hence, some judges are more successful in overcoming their personal biases and prejudices than are others.

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