It isn't going anywhere in this lifetime.

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Posted by:

Frank

on August 28, 2005 at 21:27:42:

Jim, the only way to limit judicial discretion is to put laws in place to direct the courts. Absent such guidance, the courts have no choice but to use overbroad discretion whether the words "interests" and "child" appear anywhere in the same sentence or not.

The focus on the best interest of the child is one of the few things RIGHT about divorce law.

Jim: "This is really quite simple."

Yeah, it's a real snap. Only you can't explain it because you are "playing your cards close to the vest". How many months ago was it that you insisted that this time you are certain to blow the lid off "this thing" any month now? How many more years before you modify your approach?

Jim: "When it comes to today's normal situation -- two fit parents, without so much as an allegation, much less proof, of child abuse or neglect by either -- then BIC is a hopelessly vague legal standard."

There IS no standard. That's the problem. The opnly "standard" is EOW plus one weeknight.

If you think the non-standard is vague, then advocate CLARIFICATION, not making it even MORE vague.

Jim: "In our nation we don't diminish people's fundamental rights on the basis of legal standards that are so vague that a person of average intelligence can't guide his behavior so as to avoid the diminishment."

You're the one trying to squash people's rights. Your idea of "rights" are to exclude all other rights except yours. You seriously want to take away a parent's right to have the needs of their child considered in child custody case. You refuse to allow anyone to have their day in court. That is extreme big government smothering all unofficial opinions. That is an unprecedented loss of rights for parents and their children. No American will stand for that loss of rights.

You say you oppose government involvement, yet you seem to want to use big government as the solution to all of your problems moreso than anyone else I have known.

You say you are against vague standards, but you advocate even more ambiguity and your arguments remain a bit hazy as well.

You plead for people to get involved and then limit yourself to a single avenue that even you admit doesn't need (and can't achieve) popular support.

You say you have a team of lawyers and then you write your legal filings yourself.

The opposition has many more, very expensive lawyers and they are laughing all the way to the bank. You have no chance and you are very misguided.




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