Legal Question in Family Law in Massachusetts
Family Probate Courts???
I was wondering why do we have family probate court? This disallows adults to resolve their own differences the way human beings should. I have learned that even when a divorce agreement says to resolve any differences between yourselves first and if this can not be done to seek a mediator and the courts are the last resort; people skip the first 2 options and run to the courts which causes pain and hurt and further debt taking away from the children who could benefit more with that money. Like for education, clothes, savings bond.....I see more and more people use the courts as a whipping post and threat against the other to instill fear and vengence. Sad thing about it people don't see it.
1 Answer from Attorneys
Re: Family Probate Courts???
You're kidding, right?
Most adults in the throes of divorce and family issues can't manage to resolve the issues you mention without quite a bit of help. Their emotions make reason difficult. The court makes decisions only when people cannot manage for themselves, and firt tries to get them more reasonable. Good lawyers do the same with education.
Education and mediation is not always enough, though, and persistent misbehavior by one or both parties must be addressed by -some- mechanism. What do you suggest replace the courts? Well-intentioned mediators with no real authority?
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