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.
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)
2) 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".
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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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)
A percentage of all profits goes to divorce reform.
This site and video do not provide legal advice but Dr. Farrell is available as an expert witness.