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Thursday, March 12, 2009
Tug of war
Now that the dysfunctionality of the family courts is finally getting some attention, leave it to judges to get political by writing self-serving books blaming everyone but themselves for the problem.
The main problem is that the law, made by judges, is an incomprehensible mess that allows for little predictability in outcomes and even less fairness. The honourable judge complains about parents fighting over Halloween and Christmas, but the only reason they do it is because judges entertain these motions and allow themselves to be manipulated into micromanaging the parents several times each year.
Most of this nonsense would end instantly if judges faced with routine matters like this simply said, "OK, whoever didn't have access last year gets it this year. If you were cohabiting last year, you can toss a coin to see who gets it this year. After that, you alternate years. Whoever gets Halloween (or Easter, or whatever the contest is over) in a particular year does not get Christmas that year, and vice versa. If there is a dispute about how to split the time, the applicant will divide the holiday into two halves and the respondent will take first pick of halves. Costs of $1,000 are awarded against the parent who foolishly rejected this obvious and fair solution. Next Case!"
If lawyers sat in court and listened to this no-nonsense approach for a day or two, and had to face their clients after a cost award went against them, they would soon resolve all such disputes among themselves in no time at all. Of course, there is little money to be made in finding low-cost, life-long solutions to routine family disputes, so the system isn't likely to settle on them any time soon. It is much easier for judges (and lawyers) to blame the victims of a dysfunctional system and complain about a lack of government funding.
Posted by Grant Brown on March 12, 2009 | Permalink
Comments
Totally agree.
Posted by: dewp | 2009-03-13 7:25:38 PM
simple isn't it
Posted by: bw | 2009-03-14 12:17:55 PM
Grant Brown
Far too logical,since the whole system is geared to please ball busting feminists and lawyers.
Posted by: peterj | 2009-03-14 8:37:55 PM
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