Welcome Judges!
You are on the front lines and face many challenges. Yet, you have the greatest opportunity to impact the lives of children and families.
First.
I am not trying to pick on you. I know you have a tough job. The people who come before you can be annoying. You only see what is put before you. Some people can hide their true selves, others cannot. But rather than focus on your like or dislike of a particular parent, start by focusing on the law. Frame the facts under the statutory requirements for the child-related case you are tasked with deciding. Focus on the child as you do the step-by-step statutory analysis, and you will be more likely to make a decision that is in the best interests of the child – because the statutes are designed to protect the children.
When you as judges stray away from the statutory scheme, and act based on your gut instinct, or do what you believe in your heart to be the right decision, then you really won’t know if you “got it right.” A decision that could impact the trajectory of a child’s life and into adulthood should not be based on a judge’s “feelings” about one parent or the other. Parents and children have to live with your decision, even if that decision is legally wrong.
Second.
As trial judges you should carefully study the arguments presented, and know enough about family law to understand the tenets that apply to the case before you. Use the family law bench book as a resource – it provides helpful information to keep judges out of trouble.
Third.
Trial judges should spread the word to their colleagues about Kids Caught in the Middle and other resources to help trial judges correctly interpret and apply the law – because after all, that is the goal!
You have influence among your colleagues and when you follow the law, you will be a role model and a resource for your colleagues on the family law bench.
Fourth.
Talk to other family law judges and join the brand new list serve for family law judges (regardless of whether you are a circuit court judge or a probate judge).
Fifth.
Attend family law conferences. Not only will you learn more to make better decisions on the family law cases before you, but you will be able to interact with and get to know family law attorneys.
