Questions and Answers on the Video and Evidence Kit of The Best Interest of Children for Custody Cases
 

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.

 

Definition:  The Daubert Standard is a legal precedent set in 1993 by the Supreme Court of the United States regarding the admissibility of expert witnesses' testimony during legal proceedings. The citation is Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993).

A Daubert motion is a motion, raised before or during trial, to exclude the presentation of unqualified evidence to the jury. This is a special case of motion in limine, usually used to exclude the testimony of an expert witness who has no such expertise or used questionable methods to obtain the information.

See full definition of Daubert at: http://en.wikipedia.org/wiki/Daubert_Standard

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.

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.

Back to Home Page


GET YOUR COPY NOW

Click here to order your two DVD set for only $39.95 + S & H.  
 

We also offer a complete evidence kit which includes the following:

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

3. A collection of appropriate case law governing parental rights by email to include in your court submissions and conclusions of law (sent by email)
Click here to buy this evidence kit for $119.90 + S & H (Third DVD is free).

 

A percentage of all profits goes to divorce reform.

Email webmaster@BestInterestofChildren.org  for details.

 

This site and video do not provide legal advice but Dr. Farrell is available as an expert witness.