Is a family court a "court of equity"?

Updated: Oct 7

Let's first discuss what a "court of equity" really is. In the past, parents would come to family court with "clean hands", that is, no evidence of abuse, domestic violence, neglect, etc. The original idea was that family courts were to be used SOLELY to divide up assets in a "no-fault" divorce. Parents with no criminal records decided on their own parenting plan without governmental interference. The courts would get involved only if needed to ensure that parents paid for the expenses of raising their own children instead of the California taxpayers. Those types of family courts of "equity" went away about the same time the AFCC held its first conference and decided it could run the entire family and juvenile court systems as judges collaborating with court appointed witnesses to hold children hostage for a lot of money under the guise of "helping" to resolve conflict, while creating it.

Essentially, the AFCC figured out that by creating conflict, they opened up a world of judicially controlled access to divorcing parents' finances where children were involved. Fit parents will do anything to protect their children so the AFCC made it all about "protecting" the mental health of children from "unfit" parents. The AFCC judges, attorneys, psychologists, etc. soon got California to pass laws to move criminal and civil matters into the family court if a parent was in the process of a divorce or a defendant in the juvenile dependency court system. Why??? In family and juvenile dependency courts, a super low standard of evidence was created and jury trial rights continued to be denied by each and every California judge. A parent who normally would never be found "guilty" in a criminal or civil court could easily be found guilty if the standard of evidence was dropped so low that essentially no evidence was needed at all. Judges were given legislative power to find parents "guilty" under the "Best Interest of the Child" low low low standard of evidence.

Please stop repeating that family courts are "courts of equity". They are not anymore and haven't been for quite some time.

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