She uses her many
years of family law litigation experience and understanding of human behavior to guide clients and mitigate the effects of the process on children and families.
I don't have a comment, per se, but more of a contribution to the discussion by way of a recent NSCA decision directly addressing the «open court» principle and privacy concerns of litigants in the
context of family law litigation:
The Court of Appeal held that if the conduct of the party includes ignoring court orders and failing to follow the basic
principles of family law litigation, it puts them in the «exceptional» category.
First, take custody and access battles
out of the family law litigation maelstrom by having a statutory automatic mandatory joint custody and access regime in all cases other than those where (a) the parties agree in writing otherwise, and (b) there is, on a high accusatory threshold, evidence that one parent is unfit.
The perfect justice system costs government more up front but reduces the burdens on society further down the line by a drastic reduction, from the user's perspective, of the crippling
expense of family law litigation.
The very
structure of family law litigation (i.e. arguing a divorce case in court before a judge) requires partners and parents to aggressively position themselves against the other to «win» the favor of a judge.