A significant shift in American family law is underway, with states like Mississippi, South Carolina, and California advancing equal parenting…
HB 942 and the Illusion of Enforcement
Maryland's HB 942 aims to criminalize custody order interference, acknowledging its serious impact on families. However, it faces challenges with…
Failure to Enforce
Many family court orders remain unenforced, leading to a collapse of rights for compliant parents. Courts prioritize new cases, while…
The Friendly Parent Trap
The article discusses how the "friendly parent" rule in family courts can unintentionally harm those involved in high-conflict or abusive…
The Alienation Accusation Loop
The article discusses the dangers of the "alienation accusation loop" in family courts, where the focus shifts from child safety…
Why Family Court Has Fewer Due Process Protections
Family court operates with fewer procedural protections than criminal or many civil courts, focusing on resolving private disputes and protecting…
Rebuttable Presumptions vs. the “Best Interest” Standard: What Actually Changes in Custody Law
Lawmakers are increasingly debating custody reforms centered around two main frameworks: the traditional “best interest of the child” standard, which…
Discretion Without Accountability
Family court decisions often lack transparency, as judges exercise discretion without providing explanations, leading to inconsistent outcomes and a lack…
Allegation vs. Counter-Allegation
Family courts often struggle with allegations and counter-allegations, leading to a “tie” where truth becomes obscured. This dynamic fosters dysfunction,…
The Litigation Spiral: When Court Becomes Control
Abusive litigation in family courts extends conflict instead of resolving it, creating a "litigation spiral" that drains resources and undermines…