Family Justice for Future Generations: Considering the Interests of Children and Future Generations in Family Law

Abstract

Most family laws are present-oriented. Generally, that is appropriate. Resolving ongoing family controversies, deciding current family disputes, and settling existing marital conflicts are very important tasks and in so doing family courts make significant contribution to establishing peace, order, stability, predictability and satisfaction in families and societies.But it is important also to consider the long-range effects of current family laws and policies. It is especially critical to consider how well the family laws of a society protect children and future generations.This paper explores the ways in which the collective interests of children and future generations are practically, doctrinally, and systemically considered (or neglected) in American family law and culture. Marriage is the measure by which good or bad prospects for the future of children is most critically determined. There is great need for improvement in the families laws in the United States to strengthen, support, and encourage the culture of marriage. There is no greater institution for protecting and promoting the long-term interests and welfare of children, future generations, and all of society than the healthy institution of marriage. Yet marriage is disintegrating in American society, and the prospects for children and the future are grave.