Broad Discretion + Implicit Biases + NO Accountability = Family Court

That is the fundamental and underlying problem with family court and CPS. It is why so many families and lives are destroyed in family court. There is no accountability for anyone, from judges and case workers to lawyers, evaluators, and litigants. Everyone is free to act on their biases and selfish motivations and lie without fear of consequences.

Broad discretion, no accountability, and implicit bias combine to form the perfect storm called family court. Policymakers and systems give us lots of lip service about fixing family court and CPS, but everything stays the same. They post fanciful mission statements to show that they care and want to do what is right, but much of it is done with a CYA mentality to protect discretion and avoid accountability.

It’s virtually impossible to hold courts or government bureaucracies accountable. They are statutorily immune, and most professionals who make a living in the arena are, too. The concept of qualified immunity makes it difficult to hold lawyers or evaluators accountable unless you have very deep pockets. Which few do.

It’s not just a matter of qualified immunity; it’s a systemic issue that starts with state statutes. The “best interest of the child” standard is 8-10 subjective criteria that leave “best interest” open to interpretation. An opinion that does not require any basis in fact or evidence. A judgment call. The lack of requiring objective facts or evidence allows/encourages bad actors to take advantage of the situation. In family court, subjectivity is the key that enables broad discretion without accountability.

Whether parents are in a custody battle or lawyers and evaluators are fleecing a family of their wealth, subjectivity is the enemy of a child’s best interests. Subjectivity promotes conflict and fuels billing hours. Subjectivity allows bad actor parents, moms and dads, one or both, to wage war as they try and destroy one another so they can win. They can lie, slander, and liable each other with minimal, if any, concern of being held accountable.

Replace subjectivity with objectivity, and require evidence instead of opinion, and the problems of broad discretion and implicit/explicit biases are largely solved.  Then instill accountability and VOILA! Family court would be reformed and could actually achieve its intended purpose of protecting the common good and a child’s best interests!!

Millions of lives and families have been negatively impacted, if not destroyed, by the failings of family court. Family court is the perfect storm where opinion, broad discretion, and no accountability combine. It’s a system that profits as it diminishes the health, safety, and well-being of children. It’s a lawless system that is corrupted by bad actors.