Public Perception of the Family Court System

725 S. BROADWAY #10, DENVER, CO 80209 | 303–292–1212 | WWW.LAW WEEK ONLINE.COM VOL. 14 | NO. 4 | $6 | JANUARY 25, 2016 Public Perception of the Family Court System TAYLOR STATFELD parenting time disputes if the other of the 19th century, courts habitually THE HARRIS LAW FIRM parent refuses to follow the parenting ordered very young children to pri- or centuries, states refused to time order or schedule. This motion marily reside with the mother under become involved in family mat- allows the court, among other options, the Tender Years Doctrine. Fters. Early family autonomy was to: modify the previous parenting time However, this doctrine is now sacrosanct and decisions were solely order; order the violator to post bond largely rejected in the United States. determined by the father/husband. to insure future compliance; order Yet, fathers such as Jeffery Shipman, Today, states are no longer declining a fine or jail sentence; or enter “any who fled the country a few years ago to interfere in family matters. Once a other order that may promote the with his daughter during a bitter cus- petition for dissolution of marriage best interests of the child or children tody dispute, still refuse to trust the is filed, the state intervenes in family involved.” family court system. life, finances, parental decisions and Despite threats of fines or jail So how can the legislatures, family parenting time. time, anti-family court movements courts, family law professionals and The parties can minimize the advocating defiance are gaining mo- the public work together to provide court’s interference by entering into mentum. One movement, known as more satisfying outcomes and reduce mediation. Mediation allows the par- the Protective Parent Movement, is a negative sentiment and defiance? The ties to completely control the terms of generally anti-family court movement Colorado legislature recently consid- their divorce with the help of a neu- “that believes family courts are bro- ered passing a bill to create a presump- tral third-party facilitator. Mediation ken and judges in custody disputes are tion of equal (50/50) parenting time, can be creative, lower attorney fees ordering children to live with abusive but the presumption could force a and help parties avoid a courtroom, TAYLOR STATFELD parents.” child to spend more time with a parent but many individuals still turn to the A police lieutenant involved in then is truly in the child’s best inter- courts to make decisions. my children away from the United investigating the whereabouts of two est. The court could revert to the early The family courtroom can be un- States to live in a foreign country.” missing teens believes this movement family autonomy model and refuse to predictable. Family law standards are Failure to comply with court or- is aiding a mother to conceal the lo- hear family law cases, but rights of often vague and allow the court great ders can lead to harsh consequences. cation of her daughters. The mother the weaker parent could be severely discretion to determine what is in “the best interests of the child.” The best interests standard allows judges to make decisions on a case-by-case basis, but the standard’s broad scope “FAILURE TO COMPLY WITH COURT ORDERS CAN and unpredictable nature has laid the foundation for anti-family court LEAD TO HARSH CONSEQUENCES. IN COLORADO, sentiment. In a recent Broward County case, a AN AGGRIEVED PARENT CAN FILE A MOTION FOR mother disappeared with her daughter after a Broward Circuit Court ordered CONTEMPT IF THE OBLIGOR PARENT FAILS TO PAY the parties to alternate parenting time each week with their daughter. COURT-ORDERED CHILD SUPPORT. IF THERE IS Before the mother and daughter’s disappearance, the mother left a note A FINDING OF CONTEMPT, CONSEQUENCES CAN stating in part, “I cannot let a judge tell me how my daughter should be INCLUDE FINES OR EVEN IMPRISONMENT.” raised.” Disobeying court orders is hap- In Colorado, an aggrieved parent can and her daughters disappeared after violated, or children could be forced pening even among high-profile in- file a motion for contempt if the ob- a Minnesota family court ruled there to live with abusive parents. Family dividuals. A California court recently ligor parent fails to pay court-ordered was no evidence of abuse and granted law professionals could work harder ordered the children of Gossip Girl’s child support. If there is a finding of parenting time to the father. to handle the expectations of their Kelly Rutherford to live with the fa- contempt, consequences can include Another movement, known as the clients; or, maybe there is simply no ther in Monaco. The actress refused to fines or even imprisonment. Fathers’ Rights Movement, asserts such thing as the happily divorced. • return the children to Monaco, stating, In Colorado, an aggrieved par- family courts are more favorable to — Taylor Statfield is an attorney at “I have decided I cannot lawfully send ent can also file a motion concerning mothers than fathers. In the latter part The Harris Law Firm.

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