When Noble Aspirations Fail: Why We Need the Approximation Rule

作者：O'Connell, Mary E^*

来源：Child Development Perspectives, 2007, 1(2): 129-131.

DOI：10.1111/j.1750-8606.2007.00028.x

• approximation rule
• best interests of the child
• scientific validity
• custody
• experts

Critics of the American. Law Institute's proposed "approximation rule" often imply that its adoption would eliminate many current family court practices, such as mandatory mediation or parent education. This comment notes that, in fact, there is no connection between the approximation rule and these services. Understanding the approximation. rule, and the need for it, requires us to look in art. entirely different direction-namely, cat the way in which the current "best interests of the child" standard makes custody courts deeply dependent on professional custody evaluators. This dependence is especially troubling because the scientific basis for custody evaluations is hotly contested, with, noted psychologists describing it as weak or lacking. The approximation. vile is art alternative to current law's heavy reliance on flawed science.

• 出版日期2007
• 单位东北大学