The Standard Nobody Can Escape
The Maine Supreme Court's ruling in Bickford v. Bradeen clarified family court authority over disputes, particularly regarding a child's religious upbringing. It rejected previously required heightened scrutiny and established that courts can apply a…
Prepare Yourself to Speak
In Virginia's courtrooms, unaccompanied children often represent themselves due to a lack of legal counsel, especially highlighted after a federal contract lapsed, increasing their vulnerability in immigration and family courts. Both systems inadequately…
The Child Gets a Microphone. Who Controls the Room?
New Jersey's revised custody statute, under Kayden's Law, emphasizes children's expressed preferences in custody arrangements and mandates judicial documentation when such preferences are overlooked. However, it does not guarantee that children will be…
Same States, Two Standards: The Custody Enforcement Gap Guardianship Reform Exposed
The article compares how different states address custody enforcement for children when a parent faces immigration-related detainment or deportation. Some states, like D.C. and California, allow immediate guardianship without judicial oversight, while…
Marriage Equality Matters. So Does Family Court Equality.
Michael Phillips reflects on the Supreme Court's Obergefell v. Hodges ruling, which established marriage rights for all but highlights the shortcomings of family courts. These courts lack procedural safeguards, leading to disproportionate consequences…
The Equal Parenting Wave Is Here. Judges Should Pay Attention.
A significant shift in American family law is underway, with states like Mississippi, South Carolina, and California advancing equal parenting legislation. This movement proposes 50-50 custody as the default, challenging outdated norms. Advocates argue…
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 enforcement, as law enforcement and courts may still prioritize discretion over accountability. True reform…
Failure to Enforce
Many family court orders remain unenforced, leading to a collapse of rights for compliant parents. Courts prioritize new cases, while violators face minimal consequences, creating a disadvantage for those seeking enforcement. This erosion of trust…
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 situations. While designed to promote cooperation, it often punishes protective behaviors, misinterpreting them as…
The Alienation Accusation Loop
The article discusses the dangers of the "alienation accusation loop" in family courts, where the focus shifts from child safety to interpreting children's resistance as manipulation. This shift can lead to severe consequences for children and protective…