EP 69 Burn it Down?

EPISODE 69: Burn it Down?In this episode, Christine and Hugh dive deep into groundbreaking legislation in New Hampshire—House Bill 652—which proposes to completely abolish the state's family court system. The hosts explore the implications, controversies, and potential consequences of this radical approach to family law reform.KEY TOPICS DISCUSSED:New Hampshire House Bill 652The bill would eliminate family court as a specialty court divisionJurisdiction would transfer to courts of general jurisdictionNo additional judges would be added, raising concerns about caseloadIncludes a voluntary mediation system as an alternative dispute resolution optionThe Three Strikes ProvisionBill criminalizes parenting time violations with escalating penaltiesFirst violations treated as misdemeanors, third strike becomes a felonyHugh and Christine express serious concerns about applying criminal penalties to inherently nuanced family disputesDiscussion of how this could endanger children when parents fear criminal prosecution for making safety-based decisionsDue Process in Family CourtThe fundamental lack of due process protections in current family court systemsHow specialty courts have evolved to violate basic constitutional rightsThe absence of jury trials in family court versus other court systemsComparisons to current events and broader due process issues in AmericaAbolishing vs. Reforming Family CourtChristine's position as a proponent of abolishing family courtConcerns about whether simply moving cases to general jurisdiction solves the core problemsThe role of Guardian ad Litems (GALs) and the "family court machine"How the system has become self-perpetuating and benefits only select professionalsRegional Politics & CultureFascinating tangent about New Hampshire's "Live Free or Die" cultureComparisons between Northeast and Southern political discourseHugh's experiences living in Vermont and MaineNew Hampshire's outsized influence in presidential primariesPractical Problems in Family CourtContempt motions filed for minor infractions (15-minute late exchanges)The criminalization of complex, nuanced custody disputesHow government entrenchment affects co-parenting decisionsReal examples of judges holding parents in contempt for car breakdownsJudicial AccountabilityThe lack of consequences for judges who ignore the lawJudges who refuse to read appellate decisions or follow precedentThe need for judicial qualifications and experience requirementsWhy successful private practice attorneys often don't pursue family court judgeshipsCall to ActionChristine and Hugh emphasize the importance of constituent engagement:Contact your state legislators about family court issuesShare your experiences and specific problemsTestimony, emails, and calls DO make a differenceSimilar discussions are happening in multiple statesMENTIONED CASES & REFERENCES:Christine Ward case (contempt penalty discussion)Kentucky's 50/50 custody law (enacted 2018)Vermont civil unions debate and "Take Back Vermont" movementOhio family court legislation controversyCONNECT WITH THE PODCAST:Website: judge-y.comSocial Media: @JudgingthejudgesLEGAL DISCLAIMERThe content of this podcast is for informational and entertainment purposes only. It is not intended to be, and should not be construed as, legal advice. Engaging with this content does not create an attorney-client relationship between you and the hosts, guests, or their firms. The views and opinions expressed on this podcast are solely those of the individuals involved and do not necessarily reflect the official policy or position of any law firm, company, or organization. We make no representations or warranties regarding the accuracy, completeness, or applicability of the information presented. Any reliance on the information in this podcast is at your own risk. Laws are constantly changing, and every situation is unique. You should always seek the advice of a qualified attorney for your specific legal concerns.