Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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Re: There is a law...
04/25/08 07:24 PM
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The family courts are not set up to generate revenue. They are most cerrtainly, however, imperfect. I think they are filled with bureaucracy that requires filing redundant documents that:
(1) make the process expensive;
(2) make the proceess difficult' and
(3) even places the process outside the scope and understanding of most pro se litigants.
I don't think it is intentionally os. I beleive it was set up to make the lives of Judge's easier and, as a corrolary, made it far more difficult for the litigant (and the lawyer). I think that is a significant problem with the procedural aspect.
With regard to the laws, I agree that too much discretion is placed in the hands of the Judge's. However, each time that more specificity is placed into statutes it seems to create more problems and not much uniformity. Therein lies the problem. How to you create a system that workds for everyone and yet has some parameters of uniformity.
The third problem is that discretion places decsiions in the hands of Judges that bring their own bias to the table. That is where I see fathers getting the short shrift in areas of custody. I think that a preumption for shared parenting evens that playing field to a great extent.
Some laws are downright sexist. The law that springs to mind is the presumption that a biological mother is the custodial parent in a paternmity setting when there is a presumed father.
However, I think it is obtuse to argue that marriage is not a civil contract or that it may create presumptions with regars to property ownership. I also think the courts would be even more glutted with litigants if there were no presumptions.
Those are my views.
Oh ---and GO BREWERS! I was a cub fan as a kid. That was when they had Ivan DeJesus (short stop), Steve Ontavarus (Third base), Bill Buckner (First Base), Larry Bitner, Rick Monday (First base), Dave Kingman (Right), Bobby Mercer, Bruce Sutter (Closer), the Reuschels (Pitchers Phil and Paul)(I think they had Gaylord Petrry for awhile too). I used to run home to watch them on WGN --either that or Spider man
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