How about the best interests of the family?

3 Aug

The most used and abused standard by family court judges is the “best interests of the child.”    Try to find a definition of that phrase and you will find none.   The approach the judiciary takes towards it is “you know it when you see it.”   Without jury trials in family courts, there is no imposition of a “community standard.”   Thus, the only unqualified opinions are subjective ones of the judge himself — and a typically less qualified Guardian Ad Litem.

What is the “best interests of the child” when the proposed remedy destroys a family?  How about if it causes the alienated parent to become severely depressed and to take their own life?   Such was the case in the case of  Chris Mackney.   A Fairfax Judge Bellows, along with his divorcing wife and her attorneys, led him to kill himself.  He wrote a suicide note explaining why he killed himself and placed it online.  (you can see it here or hear it here (read by a woman))    To add insult to injury, Arlington County Judge Almond entered an order allowing the estranged wife to have his suicide note taken down based on “copyright” claims of the estate.  (read about that here)

Hear it read here:

Read more background here.

See another reading here.