Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Monday, September 2, 2013

Goldis: Freestyle Judging- Why Family Courts Should Be More Adversarial

Glenna Goldis has posted Freestyle Judging: Why Family Courts Should Be More Adversarial on SSRNHere is the abstract: 

This article uses case studies to challenge the stigma attached to “adversarialism” in child custody disputes. It shows that the real-world alternative to adversarialism is just freestyle judging, with little of the structure that normally helps courts sift fact from fiction and real danger from fear-mongering. Freestyle judges indulge bogus claims for months or even years, wreaking havoc on families. Poor parents and parents facing abusive opposing parties are especially vulnerable. To protect their children, courts must follow rigid adversarial procedures — even if that means more complexity for everyone else.


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Yes, lawyers will benefit from more adversarial litigation, and it's needed in this era of recession in the legal business. And creating more judicial positions to handle the increase in litigation will boost employment opportunities for lawyers during a downturn in employment of attorneys. To hell with the slowly developing societal understanding that cooperative decisionmaking is a better way than adversarial litigation.

Posted by: Jeff Rasley | Sep 3, 2013 8:06:59 AM

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