A new documentary called DivorceCorp is set to hit theaters tonight and through the weekend. It is part exposé and part call for reform of the family court system. The exposé promises to be very important. The issue it addresses is undoubtedly so, as much of the family law system is worse than broken—it can be a law unto itself.
The exposé “uncovers how children are torn from their homes, unlicensed custody evaluators extort money, and abusive judges play god with people’s lives while enriching their friends. This explosive documentary reveals the family courts as unregulated, extra-constitutional fiefdoms. Rather than assist victims of domestic crimes, these courts often precipitate them. And rather than help parents and children move on, as they are mandated to do, these courts – and their associates – drag cases out for years, sometimes decades, ultimately resulting in a rash of social ills, including home foreclosure, bankruptcy, suicide and violence.”
It is for reasons such as this that I call for Christian judicial reform in Restoring America. And when I say “Christian judiciary,” I mean way more than just a judiciary system in which Christians hold some positions. I mean a judiciary system entirely structured according to biblical law.
I am not about, without having seen the documentary and studied the background and participants further, to vouch for its conclusions in regard to reform, divorce mediation, etc. Divorce is a large animal involving many factors that should be rare among Christians, and when necessary, should only proceed with church discipline first, the designation of a victim, and biblical remedies.
I get sickened when I drive around—even here in small-town, conservative, Bible-belt, America—and see billboards (yes, billboards!) for lawyers advertising “easy divorce” for a couple hundred bucks. According to a Fox News report, the documentary advocates the “Scandinavian” system in which potential divorcees are simply encouraged to avoid court and go through mediation. From a biblical perspective, none of these options is acceptable without the church involved according to biblical law.
But what the documentary’s point does reveal is the dire need for Christians to get involved in providing real solutions in the area of family law. There is real opportunity here, if we are able 1) to admit the unbiblical and damaging nature of the current system, and 2) formulate a biblical alternative.
As it is, the comment above notes that “family courts” are currently “unregulated, extra-constitutional fiefdoms.” They are highly congested. The combination of legal structure (which looks to me much like a version of administrative law) and workload is a recipe for disaster. The “fiefdom” aspect leads to cronyism and lack of accountability; the congestion leads to streamlining, and this exacerbates the former problems, as no one has time or desire to impose accountability and efficiency feeds the cronies who keep the thing running. This turns the system into a largely unaccountable machine, devouring resources from a long line of participants whose interests it should be serving.
This, of course, breeds attendant corruption:
[F]amily law has become a growth industry, transferring over $50 billion a year from families in transition to a cadre of professionals, judges, and insiders, despite declines in both the marriage and divorce rates.
More money flows through the family courts, and into the hands of courthouse insiders, than in all other court systems in America combined. . . .
Perhaps you can see my point. While not advocating everything in the documentary, it should help raise awareness about a serious problem in our culture—a problem for which divorce is only the tip of the iceberg. Considering the powers of Child Protective Services and social workers in many cases, this rabbit hole goes way deep.
Being alerted to the problem, Christians need to begin to formulate alternatives. The progressive humanists may admit the problem, but they will say (as brainwashed liberals always do), “Look at Sweden!” If Christians cannot accept biblical law and build thereupon, they will be left with a choice between current fiefdoms, or those “reformed” by liberal progressives.