children's court
cases it is the parents rather than the children who are really on
probation; and with two courts and two separate probation systems, we
may even have the anomaly of the same family being under the care of
two probation officers at once. Specialization can no further go! Other
leaders in the domestic relations court movement see little merit in the
proposal for a one-part family court. They think that, in the large
cities at least, the need would be better served by having the domestic
relations and juvenile courts under one roof, but as two separate and
distinct parts of the same court. All are agreed, however, that the
powers of one or the other of the two special courts should be enlarged
to cover bastardy cases, where this is not now done.

The domestic relations court, whether separate or as part of a family
court, ought to have equity powers, so that the usual rules of evidence
need not be so closely adhered to and more latitude could be allowed the
magistrate in disposing of cases, not necessarily according to ruling
and precedent but according to the social needs disclosed. A
constitutional amendment now pending in New York is a model for this
sort of legislation. It is in part as follows:

"The legislature may establish children's courts and courts of
domestic relations as separate courts or parts of existing courts,
or courts hereafter to be created, and may confer upon them such
equity and other jurisdiction as may be necessary for the
correction, protection, guardianship and disposition of delinquent,
neglected or dependent minors, and for the punishment and correction
of adults responsible for or contributing to such delinquency,
neglect or dependency, and to compel the support of a wife, child or
poor relative by persons legally chargeable therewith who abandon or
neglect to support any of them."[50]

Many courts of domestic relations which now exercise equity powers, such
as ordering that a man remain away from home or that a wife allow her
husband to see his children at stated times, do so without actual legal
warrant and subject at any time to appeal of counsel. The conferring of
equity powers on courts of domestic relations is a form of protection
both to the court and to its clients which social workers should stand
ready to work for.

Juvenile courts have in the main outstripped the domestic relations
courts in the use of physicians and psy