Family Court Review最新文献

Juvenile and family law uniquely require interdisciplinary education and experience to balance children's and families' legal rights with their best interests. Clinical legal education provides third-year law students with advanced and applied experience in a specific area of law to prepare them for legal practice. Recent developments in clinical legal education advance this experience by integrating interdisciplinary experts and reflective practice into clinics. The Children's Justice Clinic is one such clinic that integrates classroom teaching, clinical legal practice, multidisciplinary expert consultation, and reflective practice to train practice-ready Guardians ad Litem. Evaluation results from the first 5 years of the Children's Justice Clinic demonstrates that the Clinic is making progress toward its goals to provide third-year law students with the knowledge and skills necessary to be effective Guardians Ad Litem, increase interest in child welfare and juvenile law practice among law students, and increase access to high-quality legal representation for children. This paper presents the results from the evaluation and shares lessons learned during clinic development and implementation.

Parent–child contact problems (PCCP) are among the most vexing and intractable matters encountered in contemporary divorce and post-divorce litigation. These complex and incendiary family dynamics can confound even the most experienced evaluators, investigators, and jurists, fueling opposing confirmational biases, and sparking a destructive tug-of-war between the aligned parent's allegations of abuse and the rejected parent's allegations of alienation. This article describes all such either/or binary arguments as misleading, contrary to the science, and harmful to children. Rather than cast alienation and estrangement as mutually exclusive alternatives, the systemically-informed professional must consider more than a dozen mutually compatible practical exigencies and relationship dynamics which can converge to cause a child to align with one parent and resist or refuse contact with the other. Together, these variables are described as constituting an ecological model of the conflicted family system. A rubric is proposed to standardize evaluation across time, children, families, and jurisdictions, minimize bias, avoid premature closure, facilitate more comprehensive evaluations, optimize the efficacy of associated interventions, and invite more rigorous future research.

Femtech refers to electronic devices, software, or other technology relating to women's health. Employers are contributing to the rapid growth of femtech by adopting femtech products for workplace wellness programs. Due to a lack of federal laws or regulations, employers can access the personal, intimate information their employees record in these femtech products which can subject employees to pregnancy discrimination. Congress must enact a comprehensive consumer rights law and give the Federal Trade Commission more plenary power to prevent femtech companies from selling consumers' private health information to employers.

New York's Child–Parent Security Act (CPSA) legalized compensated gestational surrogacy and created a simpler way for parents to establish their parental rights when utilizing assisted reproductive technology (ART). While this was a substantial step forward from past antiquated law, the CPSA continues to heavily regulate compensated genetic, otherwise known as traditional, surrogacy making it challenging to use. The CPSA infringes upon the right to procreate by limiting the ART methods available to those wanting to start a family. This Note proposes an amendment to the current CPSA, including the legalization of compensated traditional surrogacy in New York.

This article examines the multiple inter-connected and interacting catalysts for past, current and future family court reform. We then, with deep humility and quiet ambition, contemplate the next 50 years and hypothesize about future court reform which we predict will focus on technology. We observe how what was once a fanciful idea for family courts (such as electronic filing and online court events) is realistic today. We contend that, in a similar vein, the technological reforms postulated in this article (such as judgment writing assisted by artificial intelligence) may become the reality of the future.¹

Globalization has fueled the rise of international family disputes, which raise difficult legal issues that cannot be addressed by any court or jurisdiction working alone. These challenges require a considered and coherent response on the international front, supported by the willingness of individual family judges to communicate and cooperate to identify and implement practical solutions. To meet these new challenges, this paper proposes a vision of international family justice as collaborative justice. There are three aspects or phases to the proposed endeavor: (a) the articulation of common aspirations and values; (b) continuing cooperation and communication between family courts and institutions; and (c) convergence in the substantive norms and practice of international family law.

The COVID-19 pandemic forced courts to virtualize proceedings almost overnight, resulting in both an array of new technological tools as well as important questions about their long-term effects. This article studies the impact of the shift from in-person to remote child custody and visitation mediation in San Mateo County, California. Through surveys with parents, interviews with mediators and parents, and participation and outcome data, it captures the early experiences and results associated with remote mediation. The findings suggest that while remote mediation can offer benefits such as accessibility, comfort, and safety, other challenges persist. The study seeks to enable courts to better understand the obstacles and opportunities that arise from online platforms and inform future policy-making on the use of technology in their practices.