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Changes for Family Court
MEET THE CHILDREN: There is a procedure called a Lincoln hearing in which the judge meets in chambers with the children and their lawyer--no one else is admitted with the exception of the court stenographer. This procedure is not implemented enough.
Litigation can be confusing and frightening to adults. All the more so for children. They deserve and need to have the mystery and fear dispelled from the court proceedings as soon as possible. Just meeting the person who will be making the decisions that will have such a huge impact on their lives can demystify the process.
PREPARE THE ADULTS: Adults have needs that could be met in a better way, too. Family Court can be an intensely unpleasant experience ---parents may be locked in a cycle of blame, each asking the judge to side with them while the process results in the most intimate details of their lives being revealed.
Adults come under intense scrutiny--home studies by the Probation Dept., psychological evaluations, & interviews with social workers. Though necessary and helpful, this process can also be unsettling as it is mostly unknown to the first time litigants. Family Court should have a web site. That site should serve to educate and inform the public about how Family Court works and what its purpose is. Knowledge is the antidote to fear.
MEDIATION: Why not emphasize and stress mediation and referrals to counseling when petitions are filed? Those services could brief parents about the process and perhaps resolve or narrow issues. There are mediators in Small Claims Court where people are only fighting about money. How much more important are our children? Family Court litigants should have more resources available to them, not less.
CHANGE THE ATMOSPHERE: Much could be done with the physical atmosphere of the courthouse that would have a positive emotional impact. Many people find it extremely uncomfortable to share a waiting room with their estranged partner (or with their abuser!). There are not even partitions in the waiting room.
As it is, a trip to Family Court can be reminiscent of reading a Kafka novel... the windowless waiting rooms, the blank, white walls, the harsh lighting--it contributes to feelings of alienation, of helplessness...and that's before you even get into the court room.
Sometimes children have to be brought to Court, yet there are no toys or books for them. As hard as waiting is for adults in this atmosphere, it is harder for children. Their needs should be addressed by engaging them on their level with items which will hold their attention.
A friendly atmosphere will help all concerned, and that will benefit the children.
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