Family Court Review最新文献

This paper tells the coinciding stories of same-sex marriage's arrival in Cuba and the evolution of Cuban property law. It argues that greater privatization in the Cuban system, including access to real estate ownership and small-scale entrepreneurship, contributed to (did not solely determine) the advent of same-sex marriage even though it was, practically speaking, wholly unnecessary to the goal of equalizing same-sex couples with regard to property rights. Same-sex marriage nonetheless scaled the priority list for advancing the interests of gays and lesbians in Cubans due, at least in part, to the discursive entwinement of marriage and property allocation including the “common sense” assumption that marriage is a regime of material benefits access to which determines whether gays and lesbians are being treated equally.

Intimate partner femicide has caused growing concern in Italy, as instances continue to occur frequently. The Italian legislature has a long history of legislation that failed to protect women from violence, especially within their family units. Despite significant improvements to legislation over the last few decades, the problem of intimate partner femicide persists. This Note focuses on the failures of the penal code and accompanying statutes in preventing intimate partner femicide. The proposal is for legislation that will impose higher sentences for intimate partner homicide, remove judicial discretion in sentencing procedures, and require anti-violence and gender equality education in schools.

Litigation abuse is a pattern of conduct that misuses the Family Court process in a way that could reasonably be expected to cause emotional or financial harm to the other party or their children which is greater than would occur with the proper use of the family justice process. Litigation abuse may be motivated by a perpetrator's desire to gain an unfair advantage in the litigation or to control a former partner, or may be the result of anger, vengeance, or mental health issues. Litigation abuse is a particular concern in cases of coercive controlling violence that may victimize women and their children, or in cases that involve parental alienation. Previous empirical research has mainly involved studies of women who report that they have been victims of litigation abuse, with one study focusing exclusively on male victims. No previous study has considered both men and women as possible victims (or perpetrators) of litigation abuse, or the perspectives of neutral professionals like judges for assessing whether there has been litigation abuse. This empirical research project is based on an analysis of Ontario Family Court decisions over a three-year period dealing with litigation costs, which under provincial law may be awarded at a higher level against a party whom the judge considers acted unreasonably, vexatiously or in bad faith during litigation (n = 222). Men were somewhat more likely to have engaged in litigation abuse than women (53% vs 47%). Self-represented litigants were roughly twice as likely to engage in litigation abuse, though most cases of litigation abuse involved parties with lawyers. Women were more likely be victims of litigation abuse in economic cases, while men were more likely to be victims of litigation abuse in cases focused on parenting.

Parent education programs have been designed explicitly for separated and divorced parents. These programs typically aim to help parents navigate the challenges of co-parenting, reduce their children's exposure to interparental conflict, and promote their children's well-being post-separation and divorce. Evaluating the effectiveness of parent education programs has been challenging, given the heterogeneity of formats, duration, and settings of these programs. This meta-analytic review aimed to complete a compressive search of relevant studies of parent education programs for separated and divorced parents. Among 40 studies, 103 treatment effects were included across education programs. The overall weighted standardized mean difference across all education programs was 0.24 (CI = 0.14, 0.34, Q = 1274.69, df: 97, p < 0.001, I² = 0.96.7), but these small effects were not maintained at follow-up (ES 0.00, CI: −0.09, 0.09). Given the considerable heterogeneity across effect sizes, a meta-regression and multiple regressions were computed to assess the influence of moderator variables. This review provides further evidence of the effectiveness of parent education programs. Implications are provided to create evidence-based guidelines.

Privacy laws have yet to effectively deal with the ever-growing implementation of predictive technologies, such as artificial intelligence (AI), making critical decisions for children. To resolve this issue, COPPA should be revised, and a new division of the Federal Trade Commission (FTC) should be created to provide a central informational source on the risks related to AI− a more effective means for parents to determine what types of data are being collected and used by AI, and allow parents to provide prior express consent for such usage.

In 2020, firearm-related injuries became the leading cause of death in American children. Ensuring the safe storage of household firearms is one way to reduce those deaths. Since the 1990s, states have sought to accomplish that goal through child access prevention (CAP) laws, which sanction gun owners for unsafe firearm storage. However, recent survey data suggests that these laws are not effective, as they suffer from low compliance. To compensate for these shortcomings, legislators should repeal CAP laws and devise legislation requiring gun owners residing with children to retrofit their household firearms with smart gun technology.

This paper focuses on the current issues faced by LGBTQ+ clients in family court cases. The paper proceeds in three parts. It first focuses on the specific issues that relate to LGBTQ+ people in the family court system and why they remain relevant despite the many advancements for LGBTQ+ people in recent years. The paper addresses what is unique about the legal system and how it can seem more accepting than it is. Finally, the paper addresses specific ways lawyers, judges, and forensic evaluators can support LGBTQ+ people in the family court system from the first moment people enter their office or courtroom. Overall, the goal of the article is to provide context for why it is important for family court professionals to be LGBTQ+ affirming and to provide specific ways to do so.

Divorce education programs seek to provide parents with information about various aspects of the divorce process, its consequences, and strategies for successful adjustment. Within those broad content areas, however, there are myriad of potential promotive-, protective-, and risk-factors that programs could address. Thus, divorce education programs could benefit from further guidance about the content areas divorcing parents may find the most helpful. In the present study we aimed to describe what divorced parents felt had helped their families throughout the divorce process. We did so to promote further alignment between divorce education program content and what parents have found helpful. Specifically, we identified a typology of helpful post-divorce family assets. Our findings suggest that though a plurality of divorcing parents benefit from a wide range of legal/professional, former spouse, and personal assets, the majority rely predominately upon their own parenting skills and resources, or perceive few beneficial assets to draw on. We contend divorce educators should consider incorporating further information on developing personal parenting skills or resources, and skillfully navigating legal or therapeutic systems, to further complement existing curricula.

Lesbian, gay, bisexual, transgender, queer, and other sexual orientation and gender minority (LGBTQ+) youth and families have been under a social and legislative attack in the United States in recent years, marked by a stark increase in gender-affirming care bans and religious rights cases before the U.S. Supreme Court. LGBTQ+ graduate students in mental health fields—particularly those who seek to work in family court settings—have specific needs that are often unmet in their educational and clinical training environments. Furthermore, the over-representation of LGBTQ+ youth in the child welfare and juvenile justice systems necessitates specialized knowledge and skills that many clinicians and educators are currently lacking. This paper discusses the unique challenges facing LGBTQ+ graduate students and provides research-based suggestions for professors, administrators, and supervising clinicians who seek to provide a holistic and humanizing educational experience that produces clinicians who can respond to the evolving needs of LGBTQ+ individuals in family court settings and beyond.