(2013) Working Paper.
This article reports on empirical research into family justice system workers, and their approach to child custody and access cases. The child custody evaluators whom the author interviewed have formal roles that appear to require analytical decision-making about the best interests of children. However, the central finding of this research is that these professionals are actually pursuing voluntary settlement between the adult parties as their primary goal. This article then proposes an explanation for this observed phenomenon, based on the evolution of custody and access law and procedure over the past 30 years. The rise of the “logic of durability” seems to offer a convincing explanation for the concerted pursuit of settlement among both child custody evaluators and judges.
Online: SSRN, http://ssrn.com/abstract=2101819.