In this, I wholeheartedly agree. While I have been accused of a variety of things evil, I certainly understand the dilemma faced, not only by the family, but by the legal system, the alleged arbiter of situations.
Unfortunately, however, sometimes situations occur that don't fit into any established method of legal reconciliation. Such is the case here.
I don't agree that a judge should have the last word.
Again, I agree. And again, unfortunately, the system is what it is. For better or worse.
Be well.