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The Matrimonial StrategistFeaturesDiscoveryFamily LawLitigation

New York's Judicial Straight-Jacket

By David A. Martindale

In my opinion, the New York courts in which family law matters are being adjudicated are operating under a number of self-imposed disadvantages that tend to constrain all parties and hamper the effort to obtain the best outcomes for children.

I am not alone in this belief. At a 2015 conference jointly sponsored by the Association of Family and Conciliation Courts (AFCC) and the American Academy of Matrimonial Lawyers (AAML), I listened with much interest as attorneys and judges from areas other than New York expressed disbelief, disapproval and dismay regarding New York's extraordinarily atypical positions regarding the copying and electronic transmission of documents, and the limitations on discovery in litigation focused on issues of access to and custody of children.

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