Cook County Judges

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Posts Tagged ‘family counseling

Family courts practicing medicine without license results in destroying kids & family finances for profit

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by M Gerhardt

One of the biggest injustices in the courtroom is the unauthorized practice of medicine.  What I mean by that is that everyone thinks they are mental health experts, although none went to medical school.  Guardian Ad Litems (who are lawyers by statutes – we’ll get to that in future legislation.) have no problem with diagnosing parents and children, even though the GAL/Lawyer has absolutely no training in mental health, nor are licensed to practice medicine.  Hell, every lawyer in the courtroom has no problem with diagnosing the opposing Party’s clients and the children.  Now I know that many of you think that the judges do the same.  No they don’t.  They weigh the evidence (I know, that is arguable), listen to the experts (okay, maybe not) then makes a legal Finding.  I really wish I could bad-mouth judges here, but I can’t.  Well, maybe I can because for them to get to this point they should follow certain rules and procedures regarding evidence and testimony before making a Finding. Being Family Court, they do not.

 

Ignoring most of the above, what does this have to do with HB4113?  It’s that the lawyers of the ISBA and the Family Court judges are calling legislators and telling the legislators that Illinois HB4113 is not in the “best interest” of children.  Hmm, we see boatloads of (real) experts (mental health professionals) saying that shared-parenting is in the “best interest” of children, then we have the legal folks who make tons of money creating fights between parents over children by weighing-in on something they have no knowledge of.

 

Judges and lawyers (ISBA) are not mental health professionals.  Not even close.  “Best interest” is a mental health issue.  So when a judge/ISBA is stating that a certain Bill (HB4113) is not in a child’s best interest, but the parents’ best interest, we should point out that “best interest” is mental health determination, and that neither the judge, lawyers, or ourselves are mental health professionals (unless we are).  And if you are a mental health professional, or have some training (educators?), then say that you have knowledge of the field.

 

As a side note:  My belief is that judges who advocate in support/oppose legislation are in violation of Separations of Powers under the Constitution.  But we already know that Constitutional Issues are ignored in the Family Courts.  So why would we be surprised that judges would ignore the Constitution outside the Courtroom?  Strangely, I rarely hear of non-Family Law judges weighing-in on legislative matters, much less weighing-in as aggressively as Family Law judges do.

 

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