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How the Family Court System is Broken and How it Can Be Fixed

The First Amendment of the US Constitution protects free speech in matters of public interest. The protection of children from physical, sexual, and emotional abuse is a critical issue of public interest.

A core value of our justice system involves the rights of litigants 

  •         to have equal access to the court.
  •         to the provision of due process.
  •         for freedom to present witnesses and evidence.
  •         to be unimpeded by intimidation or threats that would interfere with the fair presentation of evidence.

But what we’ve been seeing in the family court system is a different animal altogether. 

The family court system operates without accountability

In family courts across the country, the matter of custody is generally viewed as a “he-said-she-said” tug of war between equally sane or insane litigants, all on a level playing field, with equally competing interests. 

The client’s status in the court is generally assessed according to the client’s income. The greater the income, the greater is the budget to spend on the case as to retaining attorneys, guardians ad litem, parent coordinators, court ordered factotum, and others, as well as to pay for endless legal interventions, such as depositions and discovery motions.

If one party casts aspersions against the other, this is seen as a manipulative device to gain an unfair advantage. Thus, whichever partner lodges a claim of abuse, especially child abuse, is the first suspected of seeking to gain an unfair advantage.

The accused then becomes the victim, while the accuser is targeted as a liar and a “coacher,” filing false claims.

Standards of proof and evidence submissions are all determined by the local rules of “which powerful people do you know” and who is included in the local circles.

Guilt and innocence are determined by the judge, whose opinions tend to be governed by his/her trusted associates. 

The guardians ad litem, best interest attorneys, and psychological evaluators, known and trusted by the judges and lawyers, maintain incestuous relationships and choose according to the best interests of their own clients. 

In today’s courts, protection of the basest motives, including protecting child abusers, has taken top priority. This means that it has become less and less realistic for the “underling” litigant to think of having an unbiased, independent, informed decision that is meant to produce a fair and equitable outcome for all parties, with protections for the best interest of children.

In fact, more and more we see that the opposite is true.

This current public health crisis has in fact occasioned the increased presence of the FCVFC in courtrooms across the country.

The family court system needs accountability

Because Judicial Boards of Conduct have limited authority, oversight is essentially absent from the family court system.

Family court judges and attorneys are notoriously proprietary when it comes to any form of oversight, criticism, or alternate advice as to matters of defense or intervention.

The court is and has been protected by public opinion that any parent who loses a child by order of the court, must be a bad parent, deserving of such court intervention.

In this age of the false narratives of “Parental Alienation” and “Reunification Therapy,” the scam of the moment consists of efforts to brainwash children and threaten protective parents. 

Never has there been a greater need for scrutiny of law enforcement, the court, and officers of the court.

Never has there been a greater need for oversight of judges and all court actors.

Never has there been a greater need for transparency and accountability in the family court system.

The authoritarian, autocratic positions of the court, in association with parenting police “professionals” who are driven by greed and profit motives, compel a call to action, a call to speak truth to power. 

The Foundation for Child Victims of the Family Courts does just that. You can explore Our Services above to see more of how we accomplish the goal of bringing accountability to the corrupt and broken system that is called the family courts.

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