Litigation abuse is often confused with high-conflict divorce when cases involve prolonged courtroom battles. However, litigation abuse is characterized by one party using the legal system to manipulate and control the other, particularly when there is an imbalance of financial power. This misuse of litigation can perpetuate conflict and hinder parenting. Custody evaluators must accurately distinguish between these two dynamics to better inform judges about the true nature of disputes, ensuring that the children’s best interests are prioritized without enabling abuse through false equivalencies in labeling.
Litigation abuse can easily be mistaken for high-conflict divorce; understanding its distinct dynamics is critical for custody evaluators to protect children’s best interests.
By clearly labeling litigation abuse, professionals can aid judges in making informed decisions, ensuring the legal system does not inadvertently support ongoing abuse.
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