“It is high-time that we put some sanity back into this system. It is high-time we move the basis of our Family Laws from a flawed and tragic history of prejudice and discrimination to one of Fundamental Rights for Parents and for Children and recognition that those are rarely in conflict.”
Our book proposes a Fundamental Liberty approach. “In the Fundamental Liberty scenario, parents do not fight to take rights from the other, but are made to realize that they share equally in the rights and the duties to raise their children. Parents are further faced with the fact that children have a right to benefit from free association with both parents, regardless of either parent’s feelings for the other. Children may NOT and Should NOT be forced to choose one parent over the other or be placed in a precarious position to help a judge decide which parent is a better parent. Forcing them to do so is violating their Right of Free Association and causing them great moral and emotional harm.”
This is different from collaborative law because parents are not required to get along with the other parent in order to have equal rights. Parents then can negotiate from a level playing field where neither parent or attorney has anything to threaten with regarding their rights or time with their child. Negotiations then are just about how the split is made, who has what days, etc. For the few things left that the parents cannot agree on that cannot be split equally are what is left for the court to decide – and only those things – and where an equal split can be made it is required, and for things where an equal split cannot the court is free to flip a coin – for instance, where the child goes to school.
“The Court is then only in the position of mediating instances where rights conflict. This is a sane and rational basis for Family Law, in the 21st century, and aligns with where we have come, legally, since our Constitution was ratified. It takes the terror out of the system, and places the focus, squarely, on the best interest of the child, which is what every fit parent and every child wants. The key difference is that parents decide what is in the child’s best interest, not judges.””
The above quotes are excerpts from our book called “Not in The Child’s Best Interest: How Divorce Courts get it all Wrong and How the Constitution can fix it.” If you are confused about any of the topics that is probably because you don’t have all of the information that is in the book. These topics are covered in much more detail, supported with citations, case law, and legal reasoning so that you can communicate these things to your court in an effective manner.
You and your attorney need to know how to communicate these rights to the court. It is your job if you represent yourself to communicate and argue your rights properly. If you don’t you forfeit them. It is your attorney’s job to communicate your rights to the court. To make sure that they know what you want you can use this book to help.