Black Families Overlooked, Misunderstood, and Underserved in the Family Courts

ABSTRACT

Studies show that even people consciously committed to equality may still hold unconscious stereotypes that influence their actions.1 The courts' technological pivot during the COVID-19 pandemic has made access to justice available at our fingertips.2 Attorneys and parties can dial into hearings using a web-based conferencing platform like Zoom, arguably making participating in court proceedings easier.3 However, what happens when the parties face challenges such as lack of broadband access, lack of devices to access web-based conference platforms, or lack of computer knowledge to access hearings, among a host of other problems? [...]mediation is a way to preserve positive relationships and garner adherence to parenting time agreements, which leads to a better wellbeing for the children involved. "10 State and local court administrators can "[p]rovide education on implicit bias that includes judicial facilitators/presenters, examples of implicit bias across other professions, and exercises" to personalize training sessions.11 In addition, administrators can "[p]rovide routine diversity training that emphasizes multiculturalism and encourage court leaders to promote" the principle that all people are equal and deserve equal rights and opportunities.12 To further assist the bench with addressing implicit bias, administrators can develop guidelines or protocols "for decision makers to check and correct for implicit bias (e.g., taking the other person's perspective, imagining the person is from a non-stigmatized social group, thinking of counter stereotypic thoughts in the presence of an individual from a minority social group). "20 Like courts in Massachusetts and New York, other court systems could request an independent commission to analyze administrative data from state agencies regarding racial disparities and submit a report of its findings as well as proposed strategies for improvement.21 "Courts exist to do justice, to guarantee liberty, to enhance social order, to resolve disputes, to maintain rule of law, to provide for equal protection, and to ensure due process of law.