Operationalizing therapeutic jurisprudence in the family law system

Abstract

The family law system requires change to improve family outcomes, and the operationalization of therapeutic jurisprudence may be part of the solution. In this paper, the authors propose The Confluent Family Law Model, which realigns mental health professionals with the court to utilize their expertise better, mitigate problems with child custody evaluations, reduce system noise, and improve decision hygiene in family law. The model aims to work collaboratively with family court professionals to assist families and argues that “best interest” determinations may be better achieved through mental health input on a case-by-case basis at the level of the bench.