Family Court Review最新文献

Families are ultimately the first and last victims of war. They are the first to be destroyed, and in the aftermath, the last to be repaired. Finding justice for families affected by war is complex, and difficulties arise jurisdictionally, in enforcement, and in how to reliably fund recovery projects. This Note analyzes the ongoing War in Ukraine and the atrocities that have been committed against Ukrainian families, focusing primarily on the child victims of cultural genocide, and proposes a system of funding for the rehabilitation of Ukraine's children and the preservation of their familial and cultural identity.

Family Court Review (FCR) stands as a premier, peer-reviewed journal in family law practice, providing a platform for practical, theoretical, and empirical articles. Anchored in core values of interdisciplinary collaboration and a commitment to the well-being of families, FCR fosters scholarly discourse aimed at facilitating efficient resolutions of family disputes. In line with these values, the current study conducted an examination of articles published from 1998 to 2023 to understand how issues of diversity have been addressed. The analysis revealed an underrepresentation of quantitative empirical studies compared to other research types that were published in the journal. Furthermore, only a small minority of the empirical studies included important demographic data about the sample and an even smaller percentage of studies incorporated issues of diversity into the conclusions or implications for future directions. Notably, there was a trend showing an increasing number of articles that include and focus on individual differences over the past 10 years. Findings advocate for a greater emphasis on including publications with empirical data and disclosed demographics to bolster the robustness and applicability of research findings. By accentuating the diversity elements present in research samples and discussing their implications, FCR can deepen the understanding of the potentially disparate challenges and needs of individuals from various cultural backgrounds, who are involved in family law processes.

“Generation Rent” is a term that denotes the trend of young people renting as opposed to buying housing. This, in part, is due to rising housing prices. This Note seeks to look at the potential effects of private “pushes” for an increase in renting and in the private equity firm ownership of Single-Family Rentals. There are many negative tradeoffs between renting and homeownership in relation to family wealth over a long term. Several proposed solutions to this problem include using Tax Deductions to encourage buying and using Eminent Domain to attack concentrated housing ownership.

This research aimed to determine the systemic factors that contribute to custody disputes becoming high conflict domestic disputes (HCDs). In contrast to the large number of studies identifying interpersonal and intrapersonal factors related to the couple, few studies have identified how systemic factors could specifically contribute to HCDs. Systemic factors are those that are not caused by either party but exist due to the circumstances of the situation in which the couple finds themselves. These systemic factors can cause the relationship to fragment and can escalate any existing conflict that may exist. The purposes of this study were, therefore, to (1) explore perceptions about systemic factors and interventions that can cause conflicts to progress to HCDs in couples with children and (2) develop a conceptual framework and theory to explain how systemic factors can create barriers to conflict resolution and describe a process for how decreasing the impact of these systemic factor can decrease the potential for the development or continuation of HCDs in couples with children. Based on the responses of the participants, three concepts were specified: the adversarial nature of the court system, economic considerations, and socio-cultural influences.

In Norway, court-based mediation involves judges, lawyers, and psychologists working as a mediation team to bring settlement and avoid litigation. This article reports from a qualitative study with twenty-two judges, psychologists, and lawyers from four district courts. The purpose was to identify the characteristics of custody mediation from their perspectives. Findings show that the professionals were concerned with four areas: (1) discovery, (2) structure, (3) expertise, and (4) authority. Findings are presented and then discussed in the context of literature on collaborative learning, legitimacy, and procedural justice. In this article, we integrate study results, Raz's theory of legitimacy, and Engström's activity systems framework to argue that legitimacy is realized through a co-configurative process that facilitates negotiating robust parenting agreements.

Compulsory adoption of children is an extreme solution for caring for at-risk children or those who are neglected within their own family. Such proceedings are initiated by welfare authorities who file a claim for the Family Court to decide to terminate parental rights and declare the child eligible for adoption. The parents are judged and measured by the accepted cultural and gender standards, even though some of them are strangers to the society they live in. Those who criticize the adversarial legal system point to the blurring of particular dimensions in the lives of those whose cases are discussed in court. The purpose of this article is to present four principles of alternative justice, which are common to alternative law movements, as a theoretical basis for discussion in the decision-making process that may promote healing, balance power gaps, and improve relationships, and all in accordance with the unique aspects of each case. Each of the four principles will be demonstrated through a review of court rulings that dealt with compulsory adoptions of children in Israel, and which reflected the ideas inherent in those principles. The picture that emerges is that judges who act in the spirit of these principles, albeit unconsciously, improve the well-being of the parties and promote therapeutic solutions. Since these principles are universal, they can be applied elsewhere.

Neurodiversity encompasses the natural wiring of the mind, shaping how individuals think, behave, communicate, and perceive the world. While society largely caters to the neurotypical majority, neurodivergent individuals, who represent a minority, experience the world differently and face unique challenges. Stigma persists surrounding neurodivergent people, and they are consistently marginalized. Family law professionals often work with neurodivergent individuals but need improved awareness and knowledge of neurodivergent traits and client presentation. Recognizing neurodivergence and providing inclusive support and access to services is crucial. This article defines relevant concepts and definitions and provides scenarios and examples that illustrate how neurodivergence may show up in day-to-day family law practice. Tips are provided for increasing awareness for professionals, along with practical suggestions for working with neurodivergent individuals.

Ethnic-racial identity formation can be an important consideration in parenting plan evaluations, particularly for multi-racial/ethnic families and transracial families. This article discusses the literature regarding the relationship between positive ethnic-racial identity formation, positive psychosocial outcomes for children of color, and parental ethnic-racial socialization practices. Additionally, since ethnic-racial identity formation is a crucial developmental task relevant to the best interests of the child, this article also discusses how parenting plan evaluators can explore parental ability to promote a child's racial and ethnic identity development.

This research paper explores active efforts as a transformative measure in the child welfare system. It argues how the currently used reasonable effort standard has not served the children or families in its care adequately. When a child comes to the attention of child protective services, measures to maintain family unity could see significant improvements in the child welfare system. Additionally, the current standard has shown to be particularly detrimental to the integrity of Black families and children. Through a critical examination of these failures as well the benefits of using an active efforts approach, this paper advocates for the adoption of this standard as a necessary step in the shift toward fostering stronger, more resilient family structures.