The Problem with Family Courts
Across the United States and in Oregon, family courts often function as a “constitutional no-man’s-land,” where basic rights and protections are weakened or ignored.
1. No Clear Rules
Other areas of law—criminal, civil, constitutional—rely on clear statutes and precedents. Family law often relies on vague ideas like “best interests of the child” without defining what that means or how to measure it. This leads to inconsistent decisions and uncertainty for families.
2. Too Much Power Given to Non-Judges
Therapists, custody evaluators, guardians ad litem, and other professionals frequently act as the real decision-makers. Their reports and recommendations may determine where a child lives and which parent is marginalized, yet their methods are rarely transparent or subject to meaningful challenge.
3. The “Best Interests” Problem
“Best interests of the child” is often so broad that it can justify almost any outcome. Without clear, objective criteria, personal bias, financial incentives, and subjective impressions fill the gap. Families cannot reasonably predict what a court will do.
4. A Process that Creates Conflict
The adversarial nature of the system encourages parents to collect evidence against each other, rather than work together. Each new accusation, evaluation, or motion generates more work and more fees for professionals, while children are caught in the middle.
5. Turning Normal Reactions into “Mental Illness”
Parents who are understandably distressed about losing time with their children may be labeled “unstable,” “non-compliant,” or “narcissistic.” Stress reactions become evidence used against them instead of a sign that the process itself is harmful.
6. Parents Presumed Guilty
In practice, many parents are treated as if they must prove that they are worthy to retain a relationship with their own children. Allegations—even when unproven—can lead to severe restrictions that are difficult to reverse.
7. Children Used as Weapons
Systems that reward conflict make it easier for one parent to alienate a child from the other. Children are pressured to choose sides, their words may be repeated without context, and their relationships with extended family can be severed.
8. Profit Over Protection
When conflict means income, there is a structural incentive to prolong disputes instead of resolving them quickly and fairly. Families lose savings, homes, and stability; children lose time, trust, and security.