Family court should protect parent/child relationships

The following was published in The Advocate as a letter to the editor on May 25, 2022. Read online HERE.

In my favorite book, “The Little Prince,” the overarching theme is adults prioritizing what they perceive as “matters of great consequence,” and failing to see the significance of personal relationships.

That peculiar euphemism perfectly describes family court and its failure to protect the most significant relationship for many people, their parent-child connection. This court failure, then, creates a condition for which it offers no adequate remedy.

Where there is a constitutional right, there must be a remedy, and the U.S. Supreme Court clearly established that parenting is a fundamental right. So, without a remedy, why are family courts allowed to sever the parent-child bond without the required strict scrutiny standards?

While family courts are empowered to impose punishments for fraud upon the court or contempt against the court, these punishments rarely are meted out. That means that a parent seeking justice frequently cannot find enforcement in civil, criminal or domestic law.

Thankfully, Louisiana legislators recognize this moral and legal crisis. State Rep. Patrick Jefferson, D-Homer, is sponsoring House Bill 272, which “provides for mental health evaluations in divorce and child custody proceedings.”

HB272 defines the credentials of child custody evaluators, promotes unbiased outcomes by prohibiting damaging conduct such as ex parte conversations, and prohibits certain prior relationships which create conflicts of interest. However, this bill is not expansive enough.

Adding a safeguard amendment would prohibit disqualified child custody evaluators from testifying as court experts and require adherence to the approved child custody evaluation guidelines established by the Louisiana State Board of Social Work Examiners.

If family court judges are unable or unwilling to enforce parents’ constitutional rights, then the legislative branch must intervene. The clock is ticking, and while legislators cannot turn back the clock, they can stop the irreparable damage some family courts are causing.

Cover photo via The Advocate: Thank you to Rep. Patrick Jefferson, D-Homer, for carrying HB 272.