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Operations Management Techniques to
Aid the Family Court System
James P. Gilbert, Ph.D. Theodore Sharper, Jr., M.B.A. Leonor Hagberg, M.B.A.
All at the
Crummer Graduate School of Business
Rollins College
Winter Park, Florida USA
Contact:
James P. Gilbert, Ph.D.
407-323-492
Crummer Graduate School of Business, Rollins College
1000 Holt Avenue
Winter Park, Florida 32789
Introduction
Great concern has arisen over the effectiveness of the family court system and how the legal processes of separation and divorce affect children that may be involved. It has been found that separation and divorce tend to “produce ongoing disruption in the nurturing domain at precisely the time of development when the stabilizing aspects of children’s cognitive, social, and emotional worlds are crucial to their well-being.” Source after source reiterates the brutal fact that children of divorce are suffering partly due to the fact that the legal system is the “culture of litigation” and conflict that surrounds the family law process. However, although it appears that families continue to struggle due to the adversarial nature of the court, the family court system seems to at least provide a hopeful setting by which to intervene and potentially resolve lingering and often damaging disputes among parents. It is the intention of this study to carefully and completely dissect the Orange County Florida Family Court system, locate the bottlenecks in the system, and eventually offer potential solutions to alleviate the pains that so many families and children have been enduring for so many years.
A top-down approach is used inthis study by establishing a high level flow chart design and then burrowing deeply into each segment of the flowchart as research proceeds. Figure 1 shows a simplified rendering ofhow the study is divided. At first, we concentratemainly on the processes that exist prior to entering the court system including filling out and filing of multiple forms, establishment of proper conditions to file for dissolution, premarital and mediation agreements, determining if divorce is contested, and other pertinent items. Then we focused on thecourt system itself from the originalappearance incourt to the assignment of parent coordinators, psychologists, counselors, and guardian ad litems, as well the complications that generate returns to the courtroom including non-compliance, appeals, and the circulation of judges. A joint working log ismaintained in order to diligently track our work. This approach allows for a more detailed study and should leave a clear path to perform further research as the project lives on.
This report describeshow we approach our research, what we have accomplished, the results of our study, and recommendations we have for further study.
Figure 1
Overview of the Research
Methodology
In general, we started this project by attempting to generate a detailed flow chart to map all of the applicable processes of the family court system. The basic idea is to map the flow of the two main methods of entry for divorcing families with children into the court system: uncontested and contested dissolution of marriage*. At this point in the research project, we have explored the basic uncontested entry method. That is, we studied the multiple documents and forms needed to have a divorce granted without any significant disagreements between the parties. We expanded the flowchart to include intricacies of the system itself (see Figure 2).
During the process of building the flowchart, we look to fill in the blanks by researching this complex subject, seeking interviews with experienced professionals, and observing an actual trial. We interviewed Judge James Hauser, of the 9th Circuit Court, Florida, an advocate of intervention and solving the problem of children of divorce that seems to be fed by the character of the court system. We were subsequently invited to attend an actual trial. Contact was then made with Michelle Smith, Parent Coordinator for the Court Care Center for Orange County. We discussed and developed the role of the parent coordinator and the Court Care Center and how the jobs of those people apply to our flowchart. In the meantime the final touches were put into the flowchart.
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Figure 2
Initiation of Divorce Proceedings
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Figure 3
Initiation of Divorce Proceedings Cont.
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Significant Findings
Uncontested Entry Path
It became rather obvious early on in the design of the flowchart that there is anoverabundance of fairly complex paperwork to be completed for the dissolution process to be started. Moreover, the party not filing (the Respondent) must be kept informed of all papers filed. Due to these involved forms and the emotional nature of divorce; attorneys are often brought in to add to the confusion. One very bright spot we found in the system at this point was that parents are required by the state of Florida to complete a shared parenting class prior to a divorce being granted. It is clear that the courts want parents to understand the effect their divorce is having on their children. Some much needed attention is starting to be paid to the fact that children need special consideration under these circumstances.
Entrance intothe Court System
As we research the actual family court system, several factors surface that need further research. We believe these factors greatly contribute to this issue of recurring strife between parents and therefore cause constant reentry into the courtroom. First was the fact that judges are often recused (or recuse themselves). Recusals tend to occur because the judge feels for whatever reason that he or she can not continue to perform without bias or one or both litigants do not perceive fair treatment. Furthermore, judges are cycled into (and out of) the family court from criminal and other courts on an approximately four year cycle. The changing of judges clearly forces the need to essentially restart litigation and have the facts of the case heard by new ears. This creates delays and may reverse previous orders leading to the submittal of new motions and appeals.
Next, there is the appeals process. The legal right to appeal decisions made by the court is clearly another avenue back into the court. Our study does not delve into appeals. But, obviously with the level of emotions involved in these cases, appeals are very common and often confounding to the court as it tries to solve a seemingly unsolvable problem. It should be noted that included with appeals is the generation of multiple new motions and petitions by legal counsel. It is vital that research be done to investigate the potential of legally limiting the number of appeals and motions involved in solving these cases.
Another factor, and potentially one of the more important ones is the appearance of attorneys in family court. The concern here is that oftentimes, attorneys add a unique level of difficulty to the situation. There is what may be conceived as a lack of emotional connection and therefore a subtle (or not so subtle) disconnect when it comes to the interest of the children involved. There is for all intents and purposes a battle between the legal mindset and the family mindset. Many of our discussions with professionals reveal the somewhat urgent need to educate family law attorneys in the area of litigation involving something as emotionally fragile as parenthood. Furthermore, the question looms as to whether there is a conflict of interest if the attorney makes a living through continued litigation and the children benefit from limited litigation. This is indeed another are to be studied carefully.
The assignment of a Guardian ad litem (GAL) is another important area to be studied. The GAL is charged with the responsibility of representing the best interest of the child in domestic relations cases. This is usually an attorney, but not necessarily, who investigates the situation from the child's point of view and tries to ensure that all decisions made by the court are truly in that child's best interest. This involves interviews with both parents as well as witnesses who have observed the child with either parent. It also involves interviewing the child in their natural surroundings in each of the parents’ homes. This is believed to give the GAL a clear view of how the child views living in either household. Typically, the GAL is court appointed and considered a requirement as acrimony increases in custody cases. A final report is usually filed with the court to be used in making decisions regarding placement and services for the child, monitoring the court's orders to ensure they are being followed in a timely manner, protecting the child's interests both before the court and the various agencies involved in the case and ensuring that the child's wishes are heard.
Finally, we find that there is a crucial need for “parent coordination” in high-conflict cases involving children. Parenting Coordination, which is a vital part of the Court Care Center in the Ninth Circuit Court, involves mediation involving issues of shared parenting including visitation and conflict reduction. While encouraging parents to fully cooperate with each other, the qualified coordinator monitors the efforts of the parents and assists in generating visitation schedules as well as transition plans. The goal of parent coordination is to aid families in adapting to the divorce situation. More specifically, it is to help parents adjust to shared parenting from different homes. Because of conflicts that typically arise, the coordinator works as an arbitrator encouraging new approaches to parenting. A typical approach is that the counselor will meet with both parents individually and then together. Frequency and length of the meetings is heavily dependent on the level of conflict observed between the parents.
The Parent Coordination department is conveniently located in the courthouse in downtown Orlando. Normally, this is a convenient and affordable solution to high-conflict divorces, but another option is the use of a private parent coordinator. This is usually a much more expensive answer and is often brought about by agreement among attorneys in the case or out of necessity due to noncompliance by one or both parties.
There are probably several other sources besides custody and visitation including abuse, withholding pertinent information about the child, and parental alienation that cause the docket to rapidly fill, but the limited time of our project did not allow for detailed study. These are all significant areas that will require further research.
Recommendations for Future Research
The family court system is a complex and often emotionally draining road for litigants to take as they endure their divorce proceedings. The addition of children to the scenario normally adds strife to an already unpredictable situation. This study has simply scratched the surface of what is involved, but there are several opportunities that avail themselves for further study. To start, in-depth research is needed to complete the detailed flow chart we started. The path of the contested dissolution prior to entering court must be evaluated and added to the flowchart.
Another area that should be expanded is the dilemma of unmarried couples with children. Although this may seem to eliminate some of the details involved with marital dissolution, the children are still very much the center of what may be an even more volatile conflict.
The fact that judges are recused or cycled or not necessarily required to stay on a particular case is apparently a significant problem in the court system. Some effort should be made to determine why this is happening, how often, and if anything can be done to solve this problem.
Attention should definitely be paid to the appeals process. Study in this area is required because this is likely the basis for reentry into the courtroom. Why are a seemingly unlimited number of new motions introduced by counselsallowed to augment hostilities and prolong the process? What about the appeals court itself? Are decisions made quickly or are they drawn out like normal court seems to be?
The effect of attorneys on these cases, whether positive or negative, should be explored. The question of unnecessary longevity being introduced should be addressed. Also, we must ask of further education of lawyers is needed and when.
Finally, the study of Guardian ad litems, parent coordinators, and other counselors can be its own independent project. This area and the laws associated with it is a vast area of research waiting to be investigated. It clearly can involve studying conflicts, parental alienation, non-compliance issues, and even abuse
The effect of divorce on children is a very serious topic and it deserves major consideration. These children experience more health problems, behavioral abnormalities, and emotional distress. They are also more likely to be involved in criminal activity (especially alcohol & drug abuse) and are at a higher risk for suicide. Other effects include poor development of skills for reading, spelling, and math. Although there are different opinions, the consensus is that there are things parents can do to help their children deal with the stresses and painful feelings divorce creates. The behavior on the part of the parents that is most highly correlated with good adjustment and the maintenance of self-control for children going through divorce is cooperation between the parents. This includes maintaining agreement on child rearing policies, low conflict between parents, and active support on the part of the non-custodial parent in child rearing. We are hoping that our research will lead to the Orange County Family Court improving its processes and alleviate at least some of the negative effects of divorce on these families.