Discussion

Discussion on Family Law

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After completing the assigned readings, watching the following video (3 links to choose from):

• Free/low-resolution video option 1Links to an external site.
• Free/low-resolution video option 2Links to an external site.

PART I: Before 11:59 pm on Tuesday, answer the following questions (number your answers the same way as the questions):

1. Clearly identify the legal standard that family court judges in the US are supposed to apply in deciding child custody cases. Is the standard objective or subjective? (Would you expect different judges, applying this standard, to decide similar cases the same way or to decide similar cases differently?) Explain.
2. Clearly identify financial incentives for conflict (instead of cooperation) between parents engaged in child custody proceedings. Provide at least two examples from the video.
3. A conflict of interest is when a personal, professional, or financial relationship can be expected to make it hard for someone to make unbiased recommendations and/or decisions. Clearly identify at least one example in the video of a conflict of interest between a family court judge and a lawyer. Make sure to explain the nature of the conflict of interest. (Example: “Judge _____ and lawyer _____ have a conflict of interest that could impact a child custody decision because…”)
4. Clearly identify at least one example in the video of a conflict of interest between a family court judge and a child custody evaluator. Make sure to explain the nature of the conflict of interest. (Example: “Judge _____ and child custody evaluator _____ have a conflict of interest that could impact a child custody decision because…”)
5. Clearly identify at least one example in the video of a conflict of interest between a lawyer and a child custody evaluator. Make sure to explain the nature of the conflict of interest. (Example: “Lawyer _____ and child custody evaluator _____ have a conflict of interest that could impact a child custody decision because…”)
6. Identify at least two key differences between how the American legal system and the legal systems in Nordic countries like Sweden and Iceland handle child custody issues. How do these differences impact legal costs and the level of conflict/cooperation between parents?
7. Propose reforms to how the American legal system handles child custody disputes. Clearly explain how your proposals would (a) reduce legal costs for parents and (b) reduce conflict between parents.