QUESTION: Has this video
been approved as evidence under the rules of evidence standards like
Daubert and Kelly?
A: The video is based on the research Dr. Warren
Farrell has done for Father and Child Reunion, and this research
has been the main factor for qualifying Dr. Farrell in
California, Arizona, West Virginia, Michigan and Illinois.
Each state has it own rules but we are not aware of any judge rejecting it as evidence yet.
Q: Since peer review is a crucial
ingredient in determining whether something gets approved as
evidence, is most of the research from which Dr. Farrell based
his findings in Father and Child Reunion and the DVD
peer-reviewed?
A: Yes. Both the DVD and Father
and Child Reunion draw not only predominantly from peer-reviewed
research, but from the best of the peer-reviewed research. All
of his sources are fully documented in the book Father and Child
Reunion which is included in the evidence kit.
QUESTION: What is required to
submit this material into evidence?
Answer: Although we can not give any
legal advice, and each state can vary, it should be admissible as
"expert witness" testimony with Dr. Warren Farrell available for
telephonic cross examination. This may require a motion, and
obviously requires his availability as an expert witness with
payment for his time. Remember the opposition can object to anything
submitted where the witness is not actually physically there to be
cross examined. This is what the evidence review standards help
circumvent. Just keep in mind the few things things listed
below:
1) The rules of evidence generally do not
apply in probate court generally. It is all about the judge's
discretion but there should be no reason for a judge to exclude an
expert witness of Dr. Farrell's caliber who has been an expert
witness in many other states already. (list to be posted soon)
3) The basis for the book and video are
extensive, and mostly published and peer reviewed studies. These
probably already pass the Daubert standards on their own in many
cases, but we have no specifics.
We would recommend submitting the video AND
the book Father and Child Reunion, as it footnotes all the
200+ research studies and may be able to include appropriate results
of these studies by reference.
I have heard other judges have been happy to
view the video but have not heard of this actually done during the
trial yet. We have also not heard any results. As more are submitted
we will follow up with people and collect what information we can.
We have had lawyers and other "divorce centers" purchase this video.
We even got a rave review from one lawyer already who said "it is
about time something like this was made available".
Evidence Submission in Probate/Family Courts -
Comments
From Others
This is a sticky area due to “broad discretion” of the
judge. In theory you should be able to
submit any evidence you want. In practice judges
are keeping crucial evidentiary material out all the
time. Many say this is because it supports the opposite
decision they have already made and don’t want that
evidence on the record.
Even lawyers admit this a broken system and is sexually
prejudiced because of federal funds that create hundreds
of millions in financial incentives for states to drive
up child support. Under Title IVd welfare reform
the federal government pays states a percentage of child
support collected making this a profit center for
states. Therefore there is a conflict of interest in
every child support decision for every judge because
this funds their court and staff.
Further, it often
appears that the rules of evidence (federal or state) do not apply in
probate court. In fact in some states these are truly
“kangaroo courts”. Lawyers often admit that family
courts are actually "lawless". They do not run on
law, logic or common sense – they run on obsolete
judicial polices and training that is passed from judge
to judge. They run on doing the minimum work possible
because of overload, which is caused by a lack of equal
parenting rights etc. The status quo is also
supported by radical feminists who want unequal rights
for parents and by the for-profit divorce and domestic
violence industry.
Many are working to stop this damage to our children,
families and estates. Recently the US Supreme Court
ruled in Marshall v. Marshal (Anna Nicole Smith probate
case) that the federal courts were "abusing the domestic
relations exception". Meaning they needed to look into
civil rights and constitutional issues to be the check
and balance for these low quality state courts. The
federal courts are still ignoring this mandate from the
U.S. Supreme Court at this time and enforcement of the
U.S. Supreme Courts policies seems elusive.
Essentially judges can pretty much do anything they want
to because of total immunity. They are accountable to no
one. This is a root cause of many of the problems in
“family” court an an excellent example of "Power
corrupts and absolute power corrupts absolutely".
I would object in writing to any evidence being rejected
by the judge. This
is grounds for appeal all by itself, however my understanding is that you must object in writing. I would further suggest that, given Dr. Farrell is
recognized as a “top world expert,”
play on the ego of the judge to have such a luminary in
his courtroom talking about the state-of-the-art in what
is best for children.
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QUESTION: Are educational credits
available for lawyers and judges for viewing this video?
ANSWER: We already have CEU credits
for lawyers approved for this video. You must pay a small testing
fee and take a test to prove you viewed the material. This will be
available very shortly.
This was developed to organically educate
judges and lawyers about the real science of the damage that
sole-custody does to children. The probate courts use the excuse of
geographic stability and "high conflict" as excuses to award sole
custody. Geographic stability is a very small factor and conflict is
reduced greatly with shared custody. In fact most conflict is the
direct result of custody and child support payments that would be
greatly reduced with shared/equal custody. Don't give up on your
children - they need TWO parents.
Come visit this site
monthly for updates to this page.
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1. Three DVD sets for submission to court, opposition and for you
2. Copy of the hardcover book "Father and Child Reunion" with all
the footnotes and research references