Constitutional Due Process Protections in Child Custody Proceedings: Under the Fourteenth Amendment Due Process Clause, the fundamental liberty interest of fit parents to the care, custody, and companionship of their children is constitutionally protected against state infringement (Troxel v. Granville, 530 U.S. 57). Family courts cannot curtail parental authority, award unequal time, or impose state supervision without satisfying strict scrutiny and proving parental unfitness by clear and convincing evidence.
Neil Denny, collaborative lawyer, trainer, and author relates handling conflict to guitar riffs. Creative solutions to complex situations. If we introduced people to conflict resolution techniques earlier in life as Neil Denny suggests more parents would know how to use them.
The more attorneys and judges that we encourage to use these methods along with the presumed equal rights and equal time of each parent with their children, now you have a recipe for success and less abuse.
http://www.dolectures.com/lectures/how-to-enable-conflict/
Making the presumption that both parents have equal rights to equal time to their children is the only way that a parent being attacked by a hostile parent can enter into negotiations with that attacking parent. If the process fuels the attacking parent, then there is no facilitation for peaceful negotiations. But if the process does not empower the attacking parent to continue that bad behavior, if that attacking parent didn't feel that he or she had a right to take from the other parent, there wouldn't be any reason for the continuation of that behavior. This would take away the encouragement for that parent to involve the children as well. So now you not only have reduced the environment for conflict but you have protected the children from being drawn into the conflict.
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