KEY MEASURES FOR MATRIMONIAL REFORM:1) Eliminate arbitrary results by emphasizing the importance of clear standards for determining child custody/support/equitable distribution, i.e., custody and time-sharing based on history of parenting prior to marital break up (such as the PROXIMATION RULE guideline called for by the American Law Institute). 2) Speed up the court process Complete the legal process quickly within a finite time frame, such as 45-75 days – especially custody determinations. 3) Improve adherence to due process and rules of law by all parties including matrimonial lawyers, Law guardians, forensics evaluators, referees, and judges. 4) Create clear penalties and accountability to those who break the rules. This is not just for litigants and their attorneys; this is especially important for the court appointed officials, and all judicial or quasi-judicial figures, especially those who are paid for their services. 5) Limit the use of Law Guardians and Guardians ad litem (attorneys for the child) except by the parties¹ choice or in extreme cases and only if held accountable to clear rules by which they may be de-certified. Guardians should be chosen by random assignment to avoid appearance or practice of cronyism or potential ³sucking up² to judges by appointees to obtain assignments.6) Drastically limit psychological forensics to instances where there is evidence of real psychological issues or if one or both parties wish to bring in a forensic as an expert witness. In practice, both Law Guardians and forensics undermine due process substantially. Institute certification of Psychological experts with clear rules as to how they may be de-certified.7) Provide a safe review process of complaints and cases which allows for redress for victims of misconduct, including better Appellate review of cases and special review in cases where there is evidence of misconduct, perhaps by a review board that includes ex-litigants.
Delineate specific procedures in special circumstances such as child abuse, domestic violence or other critical situations. Raising concerns of child abuse or domestic violence should not cause loss of custody from overturning long-standing parenting arrangements, even if the court has doubts about such allegations.9) Include litigant representation in current and future deliberations of court reform. 10) Increase sunshine and transparency on all aspects of the process through collection of data on process and outcomes; provide information packets and websites to new litigants with information and helpful telephone numbers, including safe place for complaints. 11) Create a true culture of ethics and integrity up and down the court system – Zero tolerance for questionable and unethical behavior.12) Improve legal practice by matrimonial bar. Require lawyers to put settlement offers in writing to both parties. Create real place where complaints gains t lawyers can he heard without retaliation.13) Increase methods for reducing court time and legal fees. Provide mediation and alternative means of dispute resolution and alternatives to representation by lawyers. Eliminate bias against pro se litigants. 14) Put dignity back in the court room for both parties.
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