EPISODE 66: INFIGHTING
Show Notes
In this episode of the JudgeMental Podcast, we dive deep into one of the most troubling aspects of the family court system: the Friend of the Court (FOC) process. We examine a recent case from Jefferson County that highlights systemic problems with FOC reports, late filings, and the dangerous consequences of unqualified individuals making forensic determinations about children and families.
Key Topics Discussed:
The FOC System's Fundamental Flaws
Why attorneys without specialized training shouldn't be making forensic findings about child welfare
The lack of accountability for FOCs (no elections, no regulatory board, no oversight)
How FOCs operate with quasi-judicial immunity while making life-altering recommendations
The problem of FOCs acting as fact-finders who filter and spin information before judges hear actual evidence
A Troubling Case Study
Analysis of an FOC report filed late in Jefferson County (Division Four)
How the report brackets serious allegations between two extremes without proper investigation
The danger of putting unsubstantiated allegations of abuse into public record
Why making such serious allegations requires proper training and forensic evaluation
Procedural Problems
The statutory requirement for FOC reports to be filed 10 days before trial
What happens when judges don't enforce filing deadlines
The impossible choice: continue the case and delay justice, or proceed without proper preparation
How late filings violate due process rights
The Bigger Picture
Why FOC reports often just regurgitate information already in the file while billing thousands of dollars
How the system is designed to make judges' jobs easier, not to serve children's best interests
The comparison to criminal court: imagine if prosecutors could submit biased reports before trial
Why cases take years despite FOCs supposedly speeding up the process
Proposed Solutions
Eliminate the FOC system's delegation of judicial authority
Require judges to be the actual fact-finders, as intended
If FOCs continue to exist, establish clear oversight and accountability mechanisms
Enforce existing rules and deadlines without exception
The Human Cost
Parents waiting months or years for meaningful time with their children
Lives potentially ruined by careless allegations in public records
The weaponization of serious allegations once they're legitimized by FOC reports
How the system fails both parents and children
This episode contains discussion of serious allegations including child abuse. While we don't make determinations about any specific case, we examine how the system handles such sensitive matters and why proper training and procedures are essential.
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The content of this podcast is for informational and entertainment purposes only. It is not intended to be, and should not be construed as, legal advice. Engaging with this content does not create an attorney-client relationship between you and the hosts, guests, or their firms. The views and opinions expressed on this podcast are solely those of the individuals involved and do not necessarily reflect the official policy or position of any law firm, company, or organization. We make no representations or warranties regarding the accuracy, completeness, or applicability of the information presented. Any reliance on the information in this podcast is at your own risk. Laws are constantly changing, and every situation is unique. You should always seek the advice of a qualified attorney for your specific legal concerns.
