Judge calls for more problem-solving
If judges were serious about problem-solving …
Anywhere in the world, the legal system has an important role – the laws, the courts, lawyers and judges. But that role lies behind front line services. Can we generalise about how things work in other sectors than family courts?
In many systems, for crime against property or person, we first phone the police or social services. We don’t go straight to lawyers or judges. Lawyers and courts may be the next stage, sooner or (typically much) later.
For concerns about health and personal stress, we first call on health, relationship or social services. We don’t usually expect any involvement from the legal system though laws may exist. We know that – compared to legal systems – teamed up frontline services are better placed and skilled at prompt engaged flexible constructive problem-solving for complex situations. Getting that right matters most of all when it’s children at the frontline.
Family separation is typically distressing and conflictual for those involved. It may well entail health, relationship or criminal concerns. Yet when families separate, the puzzling assumption around the world is that it’s best to head straight for a family lawyer.
Without the features or qualification needed for an effective frontline service, family law everywhere has, over the decades, accepted the invitation to this leading frontline role. No other legal sector claims competence for a frontline role like this.
When judges call for more problem-solving, they highlight that inherent incompetence.
Problem-solving means a qualified frontline
If judges seriously want more problem-solving within family courts, then they need to do far more than call for it. They need substantial coordinated reformation of the average legal system – guided by the rare exceptions mentioned above. Those model systems always involve recruiting other suitably qualified professionals for the job.
More sensibly – and anyway – moving to a problem-solving system means we all change our thinking and culture. That’s the way to set up a broad standard expectation for more effective problem-solving frontline services for separating families.
A legal system would keep it’s normal place behind that frontline. Lawyers, judges and courts do need to call more loudly for more problem-solving – but then to leave it to those better placed and fit to do it effectively.
