Subtly, bit by bit and without notice, our courts are creating new legal doctrine in which parents are required to meet set standards of behavior or they forfeit the right to see their children. In short, we are creating licensure requirements for parents. Is this something we intend to do?
Family court is largely lawless, and the courts seem unable or unwilling to do much about it. Recent stories in the Tribune have reported what amounts to what looks like fraud among some of the family bar: Routinely counseling clients to be less than candid about financial affidavits, for example. The reports do not indicate whether there have been referrals to grievance committees for lack of candor toward the tribunal. Perhaps that is because practicing with one’s finger’s crossed is de rigeur in the some sectors of the bar.
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