NCJ Number
206088
Journal
Journal of the Center for Families, Children, & the Courts Volume: 4 Dated: 2003 Pages: 115-129
Date Published
2003
Length
15 pages
Annotation
This article argues that the family court system was not designed to address the complex problems facing families in child custody and visitation cases and, therefore, the scope of family court should therefore be expanded to deal with family dysfunction.
Abstract
Family courts are increasingly faced with families engulfed in complex problems that these courts were not designed to handle, problems involving substance abuse, child abuse and neglect, and domestic violence. These problems seriously undermine the health and welfare of children and other family members and, as such, should be addressed by the family court system. The author outlines the historical differences between the family court system and the juvenile dependency court system. After reviewing the traditional roles and functions of each court system, the author argues that the role of family court has changed as the requirements of the California Family Code have evolved. The California Family Code authorizes the family court to order parents to participate in educational, mental health counseling, substance abuse counseling, and supervision programs if the custody or visitation dispute involves a danger to the best interest of the child. However, currently the family court is neither authorized nor prepared to monitor families at risk; they can only order parents to seek counseling for identified problems. The potential of court-appointed special advocates in family court cases is explored, followed by a discussion of the problems inherent in actively advocating for children in family court settings. Recommendations are put forth for expanding the scope of family court to better accomplish the tasks assigned by the California Family Code. Recommendations include judicial training in child abuse and neglect, domestic violence, and substance abuse; obtain grant funding to provide the support services necessary to make the intervention successful; advocacy for children; provide high-risk families with appropriate social work services; and promote interagency information exchange. Thus, while family court generally deals with issues involving custody disputes or visitation while juvenile dependency court deals with more domestic violence and substance abuse problems, family courts are increasingly seeing similar issues. As such, the scope of family court should be expanded to effectively deal with the serious problems it encounters. Notes