Perspectives S35/Ep51 Is it time to abolish America's Family Court System

In the early 1900s, America’s cities were teeming with immigrants whose children toiled in factories and lived in overcrowded tenements in neighborhoods plagued by disease, poverty, violence, and crime. In response, a group of social reformers embarked on a mission to protect children and mold them into productive, law-abiding citizens. Known as child-savers, these overwhelming white and well-off reformers laid the therapeutic foundation for family court. At its core was the Great Idea that judges would take the lead and provide, whether preventive or rehabilitative, personalized justice for the child. “This mandate to do good was never accomplished, not then and not now,” states Jane M. Spinak, a lawyer who has received numerous awards for her work on behalf of children and families. In The End of Family Court: How Abolishing the Court Brings Justice to Children and Families, she explores why the Great Idea persists, and how, 120 years after its inception, family court fails to do justice and often does great harm to children, their families, and their communities.