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Essay / Analysis by Justice Richard Ross - 1330
The areas in which these reforms should take place are twofold. An argument that Judge Ross repeatedly raises is that steps should be taken to ensure the sustainability of Family Court employees through a more manageable workload. The need for this change is evident in the countless examples of children suffering from an ever-changing and dispersed staff. In one particular case, a six-month-old child abuse case is adjourned because they “did not have the medical records” in time (128). The second argument that can be implicitly made based on the frustrations expressed by Justice Ross is that, if time is allowed for review, there should be more room for consideration of the circumstances before the court of the family. From a legal perspective, there is substantial evidence for the validity of a common law approach to family court over traditional civil law. Judge Ross states that ideally "in each case, protecting the children, ensuring due process, remaining neutral until the facts are established, using common sense and good judgment within the framework of the law in making decisions – the burden of the family court judge lies entirely outside the arena of public policy, comment and debate” (104). However, as seen in many of his cases, the combination of an overwhelming workload and an inability to properly consider a given circumstance makes it impossible to