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Bar News - November 19, 2004


Family Law's 'Golden Hour': A Missed Opportunity
 

AKIN TO THE "golden hour" when emergency medical care is considered most critical, the Family Law Task Force report notes that the current system overlooks the damage that occurs to families between the filing of a divorce and the first hearing.

"This period of time can be an enormous source of stress to the parents and children, with each parent ‘jockeying for position’ to establish himself as the de facto primary custodial parent before the court holds its first hearing. At present it is widely believed that allowing the ‘status quo’ to go on in a custodial relation ship without contesting it silently reflects an acceptance that the existing arrangement is appropriate or what is best for the children.

The Task Force finds that this period of weeks or months while parents are waiting for their first hearing is problematic for many parents, and often starts cases on very much the wrong foot. In high-conflict cases, parents never recover from the uncertainties and distrust established in this initial stage by what the ‘other parent’ will do if left on his or her own without the court’s taking some control of the case."

 

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