When Noble Aspirations Fail: Why We Need the Approximation Rule

Abstract

ABSTRACT— 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 an entirely different direction—namely, at 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 rule is an alternative to current law’s heavy reliance on flawed science.