Updated: Nov 6, 2019
"Insane Vulnerability - HA! HA!"
Mississippi College of Law Professor Alina Ng Boyte calls Family Law 2.0, "...an innovative new program mitigating the effects of divorce on children."
"Go down the drain! You can't even save yourselves! HA! HA!"
The Ugliest Ducklings
Does one reporter's account of family law (a.k.a. divorce) sound sub-criminal to you? Maybe even much more socially draining than we think?
In California, ABC 10's Luciano, L. (2018) says that even those with the skilled knowledge of law may walk through family law with truly innocent parents for years and years fully expecting the right to an attorney, transcripts, the right to a jury, investigations to track evidence to prove a claim, the right to bail when accusations are made, trials for those accusations, the presumption of innocence, a formal voice for those children, and a formal place to document the effects of divorce on those children, such as a table, chair, pen, paper, forms, and what it costs to survive. But the sad fact is, she explains, that family law is no where near equal to criminal law.
You may be thinking to yourself, hmmm...it seems like there could be some oversight there. And, perhaps you're right. That could be painful for all of us.
Legitimate child safety has historically always been forgotten about. Usually, it's not even considered until way after the fact. Take child car seats for example. The automobile was invented in the 1920's. But Smith (2018) says that the first child safety seat with a seat belt was not invented until 1964. You might be thinking, hmmm... it seems like there could have been an oversight there too. That's almost 50 years of child endangerment during impacts that must've been painfully to watch. It must've been tragic to bear.
Child safety lids for prescription bottles? Hmmm...there could've been a period of oversight there.
Children's exposure to sunlight. Hmmm...that could be draining.
Children working in factories and coal mines? Hmmm...that was draining.
Maybe she is right. Maybe it does take time to even start thinking about child safety? Maybe adults just can't see it when it's right there?
Luciano (2018) says that the "beautiful swan" rights in criminal law make sense because of the high-stakes of prison. And that the "ugliest ducklings" absence of rights in family law doesn't make sense because the consequences are much more severe than losing your freedom. In psychology, we call that criterion deficiency. Truly innocent people have children, incomes, homes, careers, retirements, and even pets on the line. Some say it's especially deficient for those children who are uniquely positioned to feel those financial, domestic, social, and emotional impacts of both sides at once. Hmmm... perhaps that is burdening beyond what little ducklings are designed to carry.
But do these children really deserve to be safer when their lives are wrecked through no faults of their own? Hmmm... maybe it really is time to reimagine child protection again?
The absence of child safety files could be creating the ugliest ducklings in the pond. Children who want to grow up right, but also see what happens when they do. In science we think of these situations as heat sinks, or the ground for electrical circuits. It's where all the negative energy goes. We love the electricity and all of the devices created by electrical circuits. But it goes where it's created to go.
Parker (n.d.) says that many of the parents involved in those self-evident judicial imbalances say that they would rather spend years in prison or else die than lose connections with their children and property like this. And, unfortunately, many have. In fact, you may know people who have lost their lives or their minds after a divorce while experiencing these draining impacts while society laughs at them. Can you imagine what these children who feel twice the draining gravity would say?
Child Safety Could Float?
All children have value. So, what if they really did pivot? What if it was time to reimagine child protection?
Parker (2019) also explains the statistics for the children of divorce. The physical and emotional effects are staggering, he says. Children suffering without some kind of safety floats are more likely to experience injury, asthma, headaches, and speech impediments than children whose parents remain married. Teenagers in single-parent homes and in blended families are 300 percent more likely to need psychological care than teens from intact families. Children with this social syndrome may have more psychological problems than children who lost a parent to death. And when you understand things from a scientific perspective, then it's easy to understand why.
With science, it's even easier to constructively float children for safety. What if child safety files were invented 40 years ago?
A Safer Pond
In Decatur, Illinois, Macon County was also known as "make-up" county. Twice the accusations flew, while none of the reported safety net deficiencies could get through policy. But now, judges, lawyers, police, parents, caseworkers, families, and friends all have many brand new safety devices beautifying the children of divorce, abuse, neglect, and those who've just had a bad day. This new practice of child safety files has developed out of necessity. A family sustainability performance system where constructive scientific law meets classical family law. And they work together side-by-side seamlessly.
Mississippi College of Law Professor Alina Ng Boyte (personal communication, December 5, 2018) calls Family Law 2.0 with child safety files, "...an innovative new program mitigating the effects of divorce on children." And Alina suggests that "The family law system has its flaws and children are the most innocent ones who pay the price for those flaws. Even with the CPS and abuse/neglect cases."
The Backwards Stick
Yes, for families subjected to classical family law practices alone, it really does seem like a case of ugly ink underneath of beautiful pens. The uglier the better.
The Forwards Stick
Struggling families of tomorrow may be able to think about the beauty in their experiences and swim around with the rest of us. An alleged chain breaker once said, "Woe unto scribes; for ye load people with burdens hard to bear, but ye touch not one with your little fingers." Which makes us wonder if in the cases of child labor, product vulnerabilities, and now today with family vulnerabilities, if the chain breaker might say, "Be careful you silly authors; for you load children too with draining ink...why not flotation ink too?"
The Vision is Clean Law
Clean Law achieves local and national value in family sustainabilities through innovative policies, practices and inclusions which empower next-generation safety to its fullest.
An adventure of discovering new life.
Luciano, L. (2018, May 10). The problem with family court. Retrieved February 19, 2019, from https://www.abc10.com/…/the-problem-with-fami…/103-550687204
Parker, W. (n.d.). Statistics About Divorce and the Impact It Can Have on Children. Retrieved March 30, 2019, from https://www.verywellfamily.com/children-of-divorce-in-america-statistics-1270390
Smith, L. (2018, November 05). The Evolution of Kids Car Seats. Retrieved January 19, 2019, from https://www.goodhousekeeping.com/life/parenting/g2870/car-seat-history/
Wemple, A. (2018, October 28). Family Law 2.0. Retrieved September 5, 2018, from https://iprlicense.com/Books/Details/family-law-2-0-18779425