No, no, very poor example on my part. I don't think the prevailing party should win in a family law case. I just used that as an admittedly poor example of how judges in frivolous cases STILL won't pull the trigger. I was thinking of the alternative you offered about having judges award fees in frivolous cases as opposed to automatically awarding the prevailing party. If they'd slap frivolous petitioners/plaintiffs, I think that would go a long way to keeping frivolous cases from running up fees and clogging the courts. My experience is that they usually don't.

Sorry, sorry. I've muddled the discussion.