Pub Date : 2025-07-21DOI: 10.1080/09649069.2025.2530879
Annick Zijlstra, Mariëlle R Bruning, Maroesjka van Nieuwenhuijzen, Bram O de Castro
This paper presents a comparative analysis of the availability of pre-birth protection orders in cases of imminent harm to the unborn child due to high-risk parenting in the Netherlands and other Western countries. Using a standardised questionnaire sent to legal experts in 14 countries, the study evaluates the legal frameworks for such orders. Findings indicate that in most countries, pre-birth protection orders are unavailable, though some offer voluntary pre-birth protection proceedings or only prenatal care and support. Pre-birth protection orders are legally available in New Zealand and Norway. However, unlike the Netherlands, these countries have specific legislation allowing such orders, and pre-birth protection orders are rarely used. The study highlights the ethical and legal challenges of mandatory protection measures, emphasising the need for a balanced approach that respects the rights of both the mother and the unborn child. Recommendations include improving the accessibility and quality of voluntary care, and if pre-birth protection orders are available, this needs an explicit legal basis since this implies an infringement of the fundamental rights of women. This research provides a comparative legal analysis, underscoring the necessity for ongoing evaluation of these measures' effectiveness and ethical implications.
{"title":"An international overview of child protection services to protect unborn children from significant harm.","authors":"Annick Zijlstra, Mariëlle R Bruning, Maroesjka van Nieuwenhuijzen, Bram O de Castro","doi":"10.1080/09649069.2025.2530879","DOIUrl":"10.1080/09649069.2025.2530879","url":null,"abstract":"<p><p>This paper presents a comparative analysis of the availability of pre-birth protection orders in cases of imminent harm to the unborn child due to high-risk parenting in the Netherlands and other Western countries. Using a standardised questionnaire sent to legal experts in 14 countries, the study evaluates the legal frameworks for such orders. Findings indicate that in most countries, pre-birth protection orders are unavailable, though some offer voluntary pre-birth protection proceedings or only prenatal care and support. Pre-birth protection orders are legally available in New Zealand and Norway. However, unlike the Netherlands, these countries have specific legislation allowing such orders, and pre-birth protection orders are rarely used. The study highlights the ethical and legal challenges of mandatory protection measures, emphasising the need for a balanced approach that respects the rights of both the mother and the unborn child. Recommendations include improving the accessibility and quality of voluntary care, and if pre-birth protection orders are available, this needs an explicit legal basis since this implies an infringement of the fundamental rights of women. This research provides a comparative legal analysis, underscoring the necessity for ongoing evaluation of these measures' effectiveness and ethical implications.</p>","PeriodicalId":45633,"journal":{"name":"JOURNAL OF SOCIAL WELFARE AND FAMILY LAW","volume":" ","pages":"1-22"},"PeriodicalIF":0.9,"publicationDate":"2025-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC12315830/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144776443","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2025-02-12eCollection Date: 2024-01-01DOI: 10.1080/09649069.2025.2454103
Gaëlle Aeby, Michelle Cottier, Eric D Widmer, Bindu Sahdeva
While family law in Western countries has changed dramatically in recent decades towards the ideal of gender equality, many inequalities remain with regard to the gendered outcomes of separation and divorce. Moreover, in family law, the move towards private ordering of legal issues in divorce has shifted the focus from the courts to lawyers, who have become central to the negotiation process in and out of court. Consequently, the interpretation of the law by lawyers needs to be scrutinised in order to assess its potential impact on the outcome of divorce settlements in terms of gender equality. Based on a large-scale survey of Swiss divorce lawyers and using a scenario approach, we examine the division of pension assets and post-marital maintenance, issues that are critical to the long-term socio-economic consequences of the unequal division of paid and unpaid work between couples. From an empirical perspective, the article examines the preferences of divorce lawyers with respect to the formal-egalitarian, compensatory and traditionalist interpretations. The findings suggest that the formal-egalitarian interpretation of gender equality is gaining traction in Switzerland, and that an awareness of gender inequalities is necessary in order to make full use of the compensatory mechanisms embedded in written law.
{"title":"Gender (in)equality in divorce in Switzerland: Lawyers' formal-egalitarian vs. compensatory interpretations.","authors":"Gaëlle Aeby, Michelle Cottier, Eric D Widmer, Bindu Sahdeva","doi":"10.1080/09649069.2025.2454103","DOIUrl":"https://doi.org/10.1080/09649069.2025.2454103","url":null,"abstract":"<p><p>While family law in Western countries has changed dramatically in recent decades towards the ideal of gender equality, many inequalities remain with regard to the gendered outcomes of separation and divorce. Moreover, in family law, the move towards private ordering of legal issues in divorce has shifted the focus from the courts to lawyers, who have become central to the negotiation process in and out of court. Consequently, the interpretation of the law by lawyers needs to be scrutinised in order to assess its potential impact on the outcome of divorce settlements in terms of gender equality. Based on a large-scale survey of Swiss divorce lawyers and using a scenario approach, we examine the division of pension assets and post-marital maintenance, issues that are critical to the long-term socio-economic consequences of the unequal division of paid and unpaid work between couples. From an empirical perspective, the article examines the preferences of divorce lawyers with respect to the <i>formal-egalitarian</i>, <i>compensatory</i> and <i>traditionalist</i> interpretations. The findings suggest that the <i>formal-egalitarian</i> interpretation of gender equality is gaining traction in Switzerland, and that an awareness of gender inequalities is necessary in order to make full use of the compensatory mechanisms embedded in written law.</p>","PeriodicalId":45633,"journal":{"name":"JOURNAL OF SOCIAL WELFARE AND FAMILY LAW","volume":"46 4","pages":"513-533"},"PeriodicalIF":0.6,"publicationDate":"2025-02-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC11996061/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144029656","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-08-05DOI: 10.1080/09649069.2024.2382515
Stella Bolaki, Samantha Davey
This interdisciplinary research collaboration explored the potential benefits of artist’s book workshops for mothers who have experienced grief and loss following the adoption of their children, wi...
{"title":"‘Bound’ by grief post-adoption: can the artist’s book assist mothers to tell their stories?","authors":"Stella Bolaki, Samantha Davey","doi":"10.1080/09649069.2024.2382515","DOIUrl":"https://doi.org/10.1080/09649069.2024.2382515","url":null,"abstract":"This interdisciplinary research collaboration explored the potential benefits of artist’s book workshops for mothers who have experienced grief and loss following the adoption of their children, wi...","PeriodicalId":45633,"journal":{"name":"JOURNAL OF SOCIAL WELFARE AND FAMILY LAW","volume":"18 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2024-08-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141939887","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-08-02DOI: 10.1080/09649069.2024.2382576
Kathy Griffiths
Published in Journal of Social Welfare and Family Law (Ahead of Print, 2024)
发表于《社会福利与家庭法杂志》（2024 年提前出版）
{"title":"A functional approach to defining family in the High Court","authors":"Kathy Griffiths","doi":"10.1080/09649069.2024.2382576","DOIUrl":"https://doi.org/10.1080/09649069.2024.2382576","url":null,"abstract":"Published in Journal of Social Welfare and Family Law (Ahead of Print, 2024)","PeriodicalId":45633,"journal":{"name":"JOURNAL OF SOCIAL WELFARE AND FAMILY LAW","volume":"186 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2024-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141885131","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-07-28DOI: 10.1080/09649069.2024.2381990
Freya Cole Norton
Central government is transferring increasing discretionary powers for social security to local authorities (LAs) in England. The responsibility for the design, implementation, and oversight of a s...
{"title":"‘This is counterproductive’: the design of local welfare assistance schemes in England","authors":"Freya Cole Norton","doi":"10.1080/09649069.2024.2381990","DOIUrl":"https://doi.org/10.1080/09649069.2024.2381990","url":null,"abstract":"Central government is transferring increasing discretionary powers for social security to local authorities (LAs) in England. The responsibility for the design, implementation, and oversight of a s...","PeriodicalId":45633,"journal":{"name":"JOURNAL OF SOCIAL WELFARE AND FAMILY LAW","volume":"4 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2024-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141885084","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-07-22DOI: 10.1080/09649069.2024.2381971
Bayu Praditya Herusantoso
Published in Journal of Social Welfare and Family Law (Ahead of Print, 2024)
发表于《社会福利与家庭法杂志》（2024 年提前出版）
{"title":"The sharia inquiry, religious practice and muslim family law in britain","authors":"Bayu Praditya Herusantoso","doi":"10.1080/09649069.2024.2381971","DOIUrl":"https://doi.org/10.1080/09649069.2024.2381971","url":null,"abstract":"Published in Journal of Social Welfare and Family Law (Ahead of Print, 2024)","PeriodicalId":45633,"journal":{"name":"JOURNAL OF SOCIAL WELFARE AND FAMILY LAW","volume":"186 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2024-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141885085","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-05-28DOI: 10.1080/09649069.2024.2344934
Alice Margaria
This article sheds light on the normative dimension of birth registration and explores how birth registration practices intertwine with traditional notions of child care. It shows that, while birth...
{"title":"Registering births: What’s care got to do with it?","authors":"Alice Margaria","doi":"10.1080/09649069.2024.2344934","DOIUrl":"https://doi.org/10.1080/09649069.2024.2344934","url":null,"abstract":"This article sheds light on the normative dimension of birth registration and explores how birth registration practices intertwine with traditional notions of child care. It shows that, while birth...","PeriodicalId":45633,"journal":{"name":"JOURNAL OF SOCIAL WELFARE AND FAMILY LAW","volume":"23 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2024-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141529196","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-05-12DOI: 10.1080/09649069.2024.2344932
Nausica Palazzo
In 2022, a New York civil court concluded that a polyamorous partner should not be automatically excluded from noneviction protection (O’Neill). The decision was hailed as particularly groundbreaki...
{"title":"Functional recognition and polyamory: glitters and hard truths in the O’Neill judgment","authors":"Nausica Palazzo","doi":"10.1080/09649069.2024.2344932","DOIUrl":"https://doi.org/10.1080/09649069.2024.2344932","url":null,"abstract":"In 2022, a New York civil court concluded that a polyamorous partner should not be automatically excluded from noneviction protection (O’Neill). The decision was hailed as particularly groundbreaki...","PeriodicalId":45633,"journal":{"name":"JOURNAL OF SOCIAL WELFARE AND FAMILY LAW","volume":"22 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2024-05-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140928208","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-05-02DOI: 10.1080/09649069.2024.2344936
Alina Tryfonidou
Historically, the issue of who were a child’s parents was in most instances settled as it was considered that the nuclear family was the (only) valid family formation and, as such, should be the (o...
{"title":"The cross-border legal recognition of parenthood under European law: current law and future prospects","authors":"Alina Tryfonidou","doi":"10.1080/09649069.2024.2344936","DOIUrl":"https://doi.org/10.1080/09649069.2024.2344936","url":null,"abstract":"Historically, the issue of who were a child’s parents was in most instances settled as it was considered that the nuclear family was the (only) valid family formation and, as such, should be the (o...","PeriodicalId":45633,"journal":{"name":"JOURNAL OF SOCIAL WELFARE AND FAMILY LAW","volume":"73 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2024-05-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140928206","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-05-02DOI: 10.1080/09649069.2024.2345480
Alice Margaria, Dafni Lima
Published in Journal of Social Welfare and Family Law (Ahead of Print, 2024)
发表于《社会福利与家庭法杂志》（2024 年提前出版）
{"title":"Who is family law for? Exploring legal approaches to family diversity","authors":"Alice Margaria, Dafni Lima","doi":"10.1080/09649069.2024.2345480","DOIUrl":"https://doi.org/10.1080/09649069.2024.2345480","url":null,"abstract":"Published in Journal of Social Welfare and Family Law (Ahead of Print, 2024)","PeriodicalId":45633,"journal":{"name":"JOURNAL OF SOCIAL WELFARE AND FAMILY LAW","volume":"30 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2024-05-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140928211","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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