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  • #16
    Originally posted by iona6656 View Post
    There are SO many decisions in family law- and it's one of the reasons I think relying on case law in family law is tricky. It's so fact specific.
    Evidence = facts

    Ugh. The evidence is what is used to determine a case. Case law is only used to inform a judge in the decision phase. You don't stand before a judge and argue case law.

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    • #17
      Originally posted by iona6656 View Post
      I think it should only be on an interim basis.

      Interim in family law creates a status quo which tends to lock in a final result. This is how fathers tend to lose their children, they lose custody on an interim basis at first, and then the status quo causes them to lose the kids entirely.


      The problem is that misbehaviour by mothers does not trump best interests of the children. So even if the mother alienates the kids, lies in court, and steals money, there will not be any consequences because they might hurt the kids. The net result, of course, is that it encourages the above behaviour.


      I'm sure you can find exceptions, that does not make me wrong


      I mean- what consequences could attach realistically?
      Financial for moderate misbehaviour, I would be fine with incarceration for deliberate false accusations. I would rather lose an arm (we'll say non-dominant arm for now) than lose custody of my kids. I see no reason why somebody cutting off my arm should face a harsher penalty than somebody lying in court to steal my kids away from me.


      We have to get over the idea that custodial mothers cannot be hit financially. Let them eat kraft dinner for a bit. Lots of NC fathers eat that with their kids during their EOW sojourns and the kids are doing just fine.


      I think there is a genuine concern that you don't want to discourage someone from bringing a legitimate claim- even if they aren't successful. I work in municipal law- there are a ridiculous amount of vexatious litigants- but the reason you virtually never see costs awarded- even in the dumbest cases/claims is because you don't wnat to discourage participation in the process.
      The consequence of a vexatious municipal claim is wasted time and money. The consequences of a vexatious abuse claim are far more damaging. I don't think they can be compared.


      I actually think that we want to discourage abuse claims, unless they are real.

      agreed. In general- I would like to see more costs ordered at motions.
      More full recovery in particular, clear winners should not be out of pocket.

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