Florida Attorney at Law, Lawyer, Law Offices of Elizabeth J. Kates, Esq.

Florida lawyer pompano beach


ARTICLES, RESEARCH-GENERAL
ARTICLES, RESEARCH-FAMILY LAW


FLORIDA FAMILY LAWYERS florida family lawyers attorneys divorce law collaborative law
Collaborative lawyers South Florida Broward County Fort Lauderdale Pompano Beach Hollywood
LEGAL RESOURCES
Collaborative law information and research
Law Offices of Elizabeth J. Kates, Pompano Beach, Florida

Attorney Associations, Directories
Divorce Law Information
FLORIDA LAW and Government
Legal Research Sites
General Reference

Re-EVALUATING THE EVALUATORS: "...No research exists which shows that custody recommendations made by MHPs result in better child outcomes. See Shuman, What Should We Permit Mental Health Professionals to Say About "The Best Interests of the Child"?, infra, note 129.
        And see
generally, Peter Ash, et al., Relitigation after contested custody and visitation evaluations, 14 Bull. Am. Acad. Psych. & L. 323 (1986), and Janet R. Johnston, Developing and testing group interventions for families at impasse. Final Report submitted to the Statewide Office of Family Court Services, Administrative Office of the Courts, Judicial Council of the State of California, San Francisco (1999). Studies indicate that parents who are subjected to the forced and artificial arrangement of their families by third party evaluators have two to two and a half times the rate of relitigation of parents who do not undergo the custody evaluation process. The direction of "causation" is unclear -- more litigious parties may skew the group of those who end up with third party evaluators -- but what is fairly clear is that the most benign characterization of the findings is that the MHPs aren't helping cut down on the relitigation rate.
        While a number of researchers purport to have found relitigation rates lower following mediated decisions, or (primarily in early studies) in joint custody arrangements, not one of these studies appears to have corrected for (in the first case) the reality that negotiated agreements are not as legally amenable to modification as court orders, or (in both cases) that couples who achieved accord in mediation, as well as those who voluntarily chose early joint custody arrangements were already relatively more amicable couples. An example of an "earlier" study would be the master's-level research often cited in father's rights papers, Shanon J. Alexander, Protecting the Child's Rights in Custody Cases, F.S.U. Fam. Coordinator (October 1977) ("better results for joint custody than sole custody... relitigation rate for joint custody was half that for sole custody (16% vs. 32%).") ..." Read more at Re-evaluating the Evaluators

Also see articles on Therapeutic Jurisprudence at thelizlibrary.org

Divorce Law Information

PARENTING COORDINATION: "The parenting coordinator concept encroaches on family liberty interests, bringing the government behind the closed doors of people's lives, injecting into the private realm a third party who is not in any way more capable than either of the parents are to make day-to-day decisions about their own families, values, and goals. Parenting coordination is a made-up, make-work field... There are no studies indicating that parenting coordinators make good decisions, improve the lives of children or parents, or improve child wellbeing. And, there is no reason to believe they would...
       In the inane insistence that "both" parents "participate" in making decisions regarding the child, in order to avoid stalemate, parenting coordination is the tool for unworkable custody and timeshare arrangements, notably joint custody, which removes from BOTH parents the right to function with authority and automony. A big flaw in the concept of joint custody is that, instead of having at least one functional parent, the joint custody child now has two ineffective half-parents who may not function except in tandem, and ironically they are typically the kind of parents least able to pull this off. With a parenting coordinator or guardian ad litem added into the mix, the child does not even have that, because instead of two half-parents sharing an undivided fundamental parental liberty interest, the child has half-parents who report to a parenting boss. It's involvement by the state in the complete absence of any actual threat to the child that ordinarily would justify state intrusion like this.
       One should counter: if a third party stranger, based upon no established field of expertise whatsoever, is supposedly qualified to make and facilitate decisions impacting other people's family lives, something that is not even usually encouraged in clinical therapy, then why is not the better solution just to assign that authority to one of the parents? The spheres of decision-making authority can be allocated too. It would be easier, cheaper, quicker, and done. And at least then the child would have one real and functional authoritative parent, something that IS demonstrably evidenced in the research to be necessary for child security and well-being. While the rhetoric is rampant that parents are less likely or unlikely to consider their children before themselves in their decision-making when they are embattled in divorce and post-divorce issues, no research actually substantiates this concocted rationale.... Read more at Parenting Coordination Issues

Florida Law

ATTORNEY-CLIENT RELATIONSHIPS: "Family law is notorious for having attorney-client relationship problems. It seems we're always hearing about attorneys who withdraw at inconvenient times, demand unexpected trial retainers, or don't return phone calls promptly. Clients want to know what they reasonably can expect from their lawyers beyond a minimum adherence to bar regulations and ethics rules. They also want to know what they can do to bring out the best efforts from their own lawyer. What a Client Has The Right to Expect from a Lawyer..." Read more at The Good Attorney-Client Relationship at the Florida Collaborative Family Law website.

Attorney and Association Directories

COLLABORATIVE LAW FOR PROBATE: "Although we most often hear of collaborative law being used for collaborative divorce and the resolution of other family law disputes, "collaborative law" encompasses, but is not synonymous with "collaborative divorce" or "collaborative family law". As a method of dispute resolution, collaborative law is broader than that, and it may be an ideal vehicle to consider when disputes arise in the areas of probate, trust administration, and estate planning...
The repercussions from litigation among family members, especially when it occurs under circumstances of high emotion because of a loved one's passing or looming death, can leave its poison for generations to come. These cases affect not merely the disputants, but also children and other relatives who, although not even directly involved in any disagreement, frequently end up taking sides. The prolonged financial and emotional damage to children, siblings, cousins, spouses, and other relatives can ignite additional disputes and unnecessarily, permanently destroy family relationships of individuals who were not even involved in the original dispute.
       Collaborative law also has been found to be suitable for partnership dissolutions, issues involving closely-held corporations, and employment disputes. What all of these matters tend to have in common is the need to preserve and protect ongoing relationships... Read more at Collaborative Law for Probate Disputes: an emerging trend

Legal Research Sites

WOMEN'S HISTORY: "In the nineteenth century hundreds of women performed professional feats of strength and endurance. Endurance walkers and runners known as pedestriennes were particularly newsworthy, gaining metropolitan newspaper coverage in Britain and North America from the mid-1870s to the late 1880s.
      By the early twentieth century, however, historical recognition of these women was scarce. Popular accounts of pedestrienne performances surfaced in the 1960s and 1970s, yet these women have received minimal scholarly attention. Some sport histories do not even acknowledge womens participation in pedestrianism. Others have recorded their performances as a single incident or a short-lived fad.       Contemporary texts that analyze women's roles in sport relegate the efforts of the pedestriennes to a few sentences. Some histories briefly acknowledge the athletic endurance and significance of these women with few if any sources. Two sources recognize a history of womens footraces in England, but suggest that the phenomenon died out by the mid-nineteenth century... Read more about Pedestriennes at The Liz Library

General Reference

FLORIDA FAMILY LAWYERS florida family lawyers attorneys divorce law collaborative law
Collaborative lawyers South Florida Broward County Fort Lauderdale Pompano Beach Hollywood
TRISH WILSON'S ARTICLES ON THIS WEBSITE
and documents on the Father's Rights Movement

Collaborative law information and research
Law Offices of Elizabeth J. Kates, Pompano Beach, Florida

CHILD CUSTODY: BREAKING THE SILENCE: CHILDREN'S STORIES
Abused Children and Mothers Speak - Fathers' Rights Activists Attack

CHILD CUSTODY: CALIFORNIA NOW FAMILY COURT REPORT 2002
versus Glenn Sacks: Trish WIlson commentary

CHILD CUSTODY: FRIENDLY PARENT PROVISIONS
Other-Than-Gardner Versions of "Parental Alienation Syndrome"
(more) Wilson's testimony against Washington State friendly parent proposal

CHILD CUSTODY: IMPACT OF THE CUSTODY PLAN ON THE FAMILY
Parental Dissatisfaction with Joint Custody

CHILD CUSTODY: JOINT CUSTODY NOT IN THE BEST INTEREST OF CHILDREN
Research Contradicts Claims of Fathers' Rights Groups
(Also see
LIZNOTES on Joint Custody Research)
(Also see
LIZNOTES Myths and Facts About Fatherhood)

CHILD CUSTODY: THE TRUTH ABOUT JOINT CUSTODY
Don't Call it "Shared Parenting"

CHILD CUSTODY TIMESHARE: SANFORD BRAVER AND MOVEAWAYS
Relocation of Children after Divorce, misrepresented research.
Includes information and commentary about Robert Bauserman's "joint custody research".
(Also see
LIZNOTES on the Bauserman study.)

CUSTODY RESEARCH: PAUL AMATO
(Also see
LIZNOTES Myths and Facts About Fatherhood)

CUSTODY RESEARCH: ELEANOR MACCOBY
(Also see
LIZNOTES on Joint Custody Research)

FATHERHOOD RESEARCH: FALSE ALLEGATIONS OF ABUSE
Not as Common as the Father's Rights and False Allegations Groups Want the Public to Think

FATHERLESS RESEARCH: DECONSTRUCTING FATHERHOOD PROPAGANDA
Comments on "Deconstructing the Essential Father" by Louise B. Silverstein and Carl F. Auerbach

FATHERHOOD RESEARCH: FATHERLESSNESS
Excerpts from Michael E. Lamb's "The Role of the Father"
(Also see
LIZNOTES Myths and Facts About Fatherhood)
(Also see
LIZNOTES on Lamb and Kelly's Infant Custody Ideas)
(Also see
FATHERLESS CHILDREN STORIES)

FATHERS' RIGHTS MOVEMENT: THE CHILD CUSTODY WAR
A War Against Women (backlash against women's rights gains)

FATHERS RIGHTS INFILTRATION OF DEPARTMENT OF HEALTH AND HUMAN SERVICES
American Fathers Coalition (AFC)

FATHERS RIGHTS INFILTRATION OF DEPARTMENT OF HEALTH AND HUMAN SERVICES
Children's Rights Council (CRC)

FATHERS RIGHTS INFILTRATION OF DEPARTMENT OF HEALTH AND HUMAN SERVICES
Fathers' Rights and Equality Exchange (F.R.E.E.), Brent Wellman, Anne P. Mitchell

FATHERS RIGHTS INFILTRATION OF DEPARTMENT OF HEALTH AND HUMAN SERVICES
Institute for American Values, David Blankenhorn

FATHERS RIGHTS INFILTRATION OF DEPARTMENT OF HEALTH AND HUMAN SERVICES
Joint Custody Association, Jim Cook

FATHERS RIGHTS INFILTRATION OF DEPARTMENT OF HEALTH AND HUMAN SERVICES
National Association for Fathers and Children (NCFC)

FATHERS' RIGHTS MOVEMENT: IT'S "THE USUAL SUSPECTS"
American Fathers' Coalition (AFC), American Coalition for Fathers and Children (ACFC), Coalition of Parental Support (COPS), Fathers' Manifesto.

FATHERS' RIGHTS MOVEMENT: ROBERT HIRSCHFELD DISBARRED
Robert Hirschfeld (of the National Association for Fathers and Children, NCFC)

FATHERS' RIGHTS MOVEMENT: MURRAY STEINBERG JAILED
(Father's Manifesto signer), husband of custody evaluator Barbara Steinberg

FATHERS' RIGHTSTERS CAMPAIGN AGAINST WILSON ARTICLES
American Father's Coalition (AFC) and Dave Usher
(The AFC is the precursor organization to ACFC, The American Coalition of Fathers and Children)
(more) Father's Rights Trolling -- Business as Usual by Trish Wilson

WARREN FARRELL: TRISH WILSON RESPONDS
(Also see
LIZNOTES on Warren Farrell)

Child Custody Evaluators, Child Custody Evaluations: No Science and a Denigration of Due Process.  
Reevaluating the Evaluators
Parenting Coordination, a bad idea
Psychology in the family courts: therapeutic jurisprudence is bad science and a denigration of due process
Child Custody Evaluation - Dealing with child custody evaluators' refusal to comply with discovery in court

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FATHERLESS CHILDREN STORIES  |  THERAPEUTIC JURISPRUDENCE  |  WOMAN SUFFRAGE TIMELINE  |  THE LIZ LIBRARY ENTRANCE

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