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Family Court - Time to Fix a Broken System

 

"An important indicator of success for any judicial assignment is knowledge of the relevant law. Other important attributes for a family law judge include an outlook suited for resolving personal family issues along with the ability to handle a high volume calendar of self represented litigants."

 
Honorable James C. McGuire (ret) 
Presiding Judge 
Superior Court of San Bernardino  
Official Response to Elkins Task Force Recommendations pages 659-680
Commentator #155

The scariest place on earth as a parent is in Family Court.  Your stand there nervous, palms sweating and thrown into an environment that is totally strange. 
 You muster up the courage to speak only to have a system that is bound by archaic rules and procedures to silence you.

Your try your best to protect your children and have not a clue on what to do.

That is the experience of over 80% of the parties appearing in family court because they are representing themselves.  An alarming statistic that grows as the recession continues.

We have the ability to make major changes in our Family Court and improve access to individuals representing themselves and their children.  To offer educational material and assistance to guide them through the nightmare with a better understanding of how the system works.

California is fortunate to have had the Elkins Commission task force studying the problems in Family Court for the past two years.  Their report was just released in April of this year and has recommended numerous changes in Family Court that we need to embrace.

It recommends assisting the parties to better navigate the complex world of Family Court to changes on how testimony and evidence is presented.  Concerns about enhancing our children’s safety and educating the parties are a major issue.  It even recommends teaching our Judges on how to deal with self represented parties more effectively.

We need to work to implement the recommendations of the Elkins Commission.  It is a step forward for our State and our families.  We need to protect our children now.

 
Link to the Elkins Task Force Recommendations:
 
Link to Feedback including that of many members of the San Bernardino Family Court System
 

Ed Montgomery is a Family Law Advocate having lobbied in Sacramento to change laws in Family Court to protect our children.  He is currently a Family Law Attorney in San Bernardino and has been published by the Court of Appeals on two occasions.

He has been volunteering his time for the past ten years sitting as a substitute judge on a Family Law calendar filling in for Judges when they are not available.  He is highly respected among his peers concerning Family Law issues.

He is currently running in the June 8, 2010 election for Superior Court Judge in San Bernardino County.