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The Equality Principle: Splitting the Difference in Custody Disputes
Author(s) -
Ngaosuvan Leonard S.
Publication year - 2018
Publication title -
family court review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.171
H-Index - 4
eISSN - 1744-1617
pISSN - 1531-2445
DOI - 10.1111/fcre.12377
Subject(s) - irrationality , perspective (graphical) , negotiation , child custody , law , psychology , political science , irrational number , law and economics , sociology , mathematics , rationality , geometry
In some custody disputes parents are equally fit, other factors are not decisive, shared custody is ruled out, and the parental conflict is the only threat to children's well‐being. There are no systematic principles to resolve these disputes. To fill this gap, I introduce the equality principle. Following splitting the difference and goal‐setting theory, parents renegotiate under threat of randomization. If renegotiation fails, their chances of winning are equal. This principle may improve children's well‐being, parental behavior, court efficiency, and custody investigations. The principle is discussed in terms of child perspective, appellate rights, applicability, irrationality, and attorney effects on negotiations.