NCJ Number
168984
Journal
ABA Journal Volume: 82 Dated: (September 1996) Pages: 74-77
Date Published
1996
Length
4 pages
Annotation
The legal profession can protect children in domestic relations cases more effectively if it sees the process through their eyes.
Abstract
In matters that affect the life of a child, courts rarely tailor procedures or make decisions based upon a child's view of what is happening. There are certain measure that can be taken by courts to serve the interests and needs of a child involved in a court process. First, give cases that involve children priority on the docket; do not take up court time with asset division in a domestic relations case while abuse and neglect cases get pushed further down on the docket. Second, establish mandatory mediation in custody cases, and make it meaningful. Mandatory mediation does not mean forced settlement, but it does mean parents cannot get into the courtroom without trying mediation first. Third, design court facilities with children in mind; and fourth, bifurcate trials in cases where custody is an issue. Fifth, in the custody case that will not go away despite mediation and bifurcation, work toward a stipulation on visitation. Sixth, require that all lawyers who practice in the family courts serve as guardians ad litem or attorneys for children. Seventh, discourage "anti-child" behavior in the judge's office and in the courtroom. Eighth, establish a local bar committee on children in the courts; and finally, listen to the children; they are the reason we have family values.