Family Courts Don’t Solve Conflict, They Create It

I just finished reading a wonderful piece over at Slate Magazine by Michael Newdow entitled “Family Feud: Family Courts Don’t Solve Conflict, They Create It” 

Michael writes:

All parents—absent a finding of true harm—should have an absolute right to 50 percent custody of their children. Such a system—stripped of incentives to battle for more—would largely eliminate the harms just noted. Sure, there will be some inconvenience to the children. But children are inconvenienced all the time in intact families, and they survive just fine without the State butting in. Some kids have to get up early to milk the cows. Some have to bicycle miles to high school. Some are put in daycare. We don’t make huge issues of those “difficulties” when the parents are together … why should we do so when the parents are apart? Life comes with good and bad times—that’s part of growing up. Most parents—treated fairly, and left with the equality the Constitution mandates—will always be far more capable of, and dedicated to, ensuring what’s “best” for their children than any combination of judges, attorneys, and “experts.” Until real evidence is provided that the benefits of the current approach outweigh its costs, we should simply value the diversity of parenting styles, respect parental rights, and stop causing conflict.

I highly recommend reading the entire article. Bravo, Michael!


7 Responses to Family Courts Don’t Solve Conflict, They Create It

  1. […] Family Courts Don’t Solve Conflict, They Create It In the November 2007 issue of the Illinois Bar Journal, Scott A. Lerner, Esq., takes a critical look at the Illinois Domestic Violence Act (DVA) in his article “Sword or Shield: Combating Orders-of-Protection Abuse in Divorce” “There’s no question that victims need protection from abusers,” he writes. “But not all parties to divorce are above using OPs [orders-of-protection] not for their intended purpose but solely to gain advantage in a dissolution.” And “the greatest potential for abuse of the system,” in Lerner’s opinion, “is in visitation.” Full article […]

  2. […] at the tables). The latter point echoing many of the same observations I have made on this blog (here and here for instance).  I think he has also brought the debate on parental alienation to the […]

  3. […] Family Courts Don’t Solve Conflict, They Create It […]

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  5. Skye says:

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  6. Susy says:

    Pretty cool Mr. Elliot. I am starved for missives from the mailbox. I’ll admit it, I even open junk mail. (Hey, maybe it’s a check with a lot of zeros at the end.) Such a sad existence for me when my just one a small rush of importance is ripping open junk mail. Bills can wait around, so a real letter sounds excellent. Will subscribe.Cheers, Iris

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