Children can become a divorce's unseen and unheard victims.
The court is responsible for protecting the children's well-being, even if doing so conflicts with the wishes of either or both of the parents. Often the children have no representation in the courtroom, so the Judge must use his or her knowledge and experience to determine what is best for the children. To that end, the court relies on evidence about the parents and the children in an attempt make orders that cause the least disruption in the children's life. The California statutory scheme requires parents to go through some kind of court approved mediation, before litigation, in an effort to minimize the traumatic impact on all involved, especially the children. Not uncommonly, a forensic psychologist is appointed to help assist the Court in making an informed decision on the proper placement of the children.