First of two parts.
As a family law practitioner, I am shocked by the expansive role family courts wield in family affairs at the time of divorce. Unlike an intact family, a divorcing family will be subject to a government body telling it how to parent, what jobs the parents should have, and even what therapy is needed. More problematic is the court’s attempt to fulfill this role. With diminishing court budgets and 50 percent of first-time marriages ending in divorce, the courts are overwhelmed and can dedicate very little time to each family law matter. When time is spent on these matters, it is often incomplete and intrusive of the private family sphere. As a result, family law litigants are left with judicial orders which do not reflect the best interests of their family, and leave them disappointed and without real help.
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