As complicated as family law can get, the core principles are pretty straight forward. When it comes to the husband and wife, the courts are trying to be fair. When it comes to the children, the question always goes to their best interest.
Do the right thing and take care of the kids. Sounds simple, right?
If you learn nothing else from reading this blog, know this: The simple is rarely easy, and cases by their specific, complex nature almost never lend themselves to straightforward applications.
Why then do we have these core principles? Why tease us with simplicity when the whole endeavor is going to spiral into a maze of arguments and brambles?
We can see from the cases that there are really two schools of thought as to how such principles and central purposes inform a case and function within the context of the dispute.
In some cases, the court uses the principles and central purposes as a shoreline. The decision should always stay in sight of such principles, and the final test of any line of reasoning is whether the central principles are kept close. The message is an incremental one. Stay in sight of previous decisions. That way you will not lose sight of the purpose by which all results shall be measured.
No comments:
Post a Comment