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October 13, 2009                     Volume 4 Issue 41

Has the American Family Court System Become Totalitarian?

 

by Jennifer Roback Morse

IN 2007, THE MEDIA HAD A FEEDING FRENZY around a voice-mail message actor Alec Baldwin left his daughter. He screamed at her for not answering her phone. The public was shocked: many assumed that he was yet another self-absorbed celebrity, with neither control over himself nor regard for his daughter. But in fact, Baldwin had been caught in the web of the totalitarian nightmare known as the American family court system. His book, A Promise to Ourselves, tells his particular story, while Stephen Baskerville's book, Taken Into Custody, presents the general problem of which Baldwin’s story is a particular case.

Alec Baldwin is a divorced father, who had been fighting for six years to have some semblance of a normal relationship with his child. Baldwin's estranged wife, actress Kim Basinger, had been using the family court system to prevent him from doing what most fathers take for granted: seeing his child, talking with his child, and watching her grow up. A Promise to Ourselves chronicles in sickening detail how the court system serves the most vindictive and ruthless parent.

Article continues below.

Books Mentioned in this article:

A Promise to Ourselves: A Journey Through Fatherhood and Divorce by Alec Baldwin

Taken into Custody: The War Against Fatherhood, Marriage, and the Family by Stephen Baskerville

 

Even without the book, astute observers of this case realized that something was slightly strange about the claims that Baldwin should be denied access to his child. For instance, who released the tape of the call to the public? None other than Basinger and her attorney, in an attempt to smear Baldwin. What kind of mother would use her daughter as a pawn in a spiteful power game with the child's father? And, what was the “back story” to this particular phone call? Despite having court authorization for phone contact with his daughter, her cell phone would be turned off for long periods of time. On this particular occasion, she was on spring break with her mother and her phone had been turned off for ten days. Moreover, isn't this odd all by itself that a father who has committed no crime has to have court permission to speak to his own child?

Now, what the media made Baldwin out to be is conceivable: an abusive, out-of-control father who has inflicted irreparable harm on his daughter through verbal abuse. Yet even if the worst about Baldwin were true (by the way, he offers no excuses for yelling at his daughter), his portrait of the Los Angeles County Family Court remains imminently valuable, as it reveals the extent of power that family courts wield over ordinary citizens. His account cannot be easily dismissed, given the extent of detail that he provides and the fact that it accords with too many other reports of family courts. As he tells his story, the leading character and the true villain is the Los Angeles Family Court system, Lady Macbeth, Iago, and Shylock all rolled into one. Even from the viewpoint of a wealthy and famous man, Baldwin generates plenty of sympathy for the obscure and the less wealthy of both sexes who are caught in the grip of the family court.

He first noticed the financial intrusion. During “financial settlement conferences,” both husbands and wives must reveal all their assets. While Baldwin accepts the necessity of preventing people from hiding their true net worth, he noticed this side effect: “The lawyers on both sides now know, inarguably, how much money you have and, therefore, how deeply into this hole you can go. And they do not hesitate to throw you down as deeply as they possibly can.” Throughout the rest of the story, the lawyers extract as much money as possible from him.

But money isn't the half of it. Baldwin had to continually look over his shoulder at the court and its representatives to ensure that he did not run afoul of their requirements. He tells of the menagerie of minions appointed by the court to manage the divorcing process and the inevitable post-divorce conflict: forensic accountants, custody evaluators, therapists, visitation supervisors, parenting class instructors, anger management instructors. These are all professionals that most people normally never see, but who have abnormally large impacts on the lives of divorcing families. Think of this: the courts and their appointees are controlling the day-to-day lives of a man innocent of any wrongdoing. A negative report from any one of these professionals can jeopardize a father's chances of having more time with his own child.

Baldwin does not discuss the ease of divorce ushered by the no-fault divorce revolution. Like most Americans, Baldwin has probably made peace with no-fault divorce, believing easy divorce to be an enhancement of individual liberty. But Baldwin's story of his life after Basinger decided she had no use for him illustrates that the opposite is more true. Easy divorce opens the door for an unprecedented amount of government intrusion into ordinary people's lives. This unacknowledged reality is the subject of Taken Into Custody, by Stephen Baskerville. With penetrating insight, the political scientist exposes the truly breathtaking consequences of no-fault divorce for the expansion of state power and the decline of personal autonomy.

Read the rest of this article from FamilyinAmerica.org here.