Family Court Review最新文献

On May 30, 2023, the Association of Family and Conciliation Courts (AFCC) and the National Council of Juvenile and Family Court Judges (NCJFCJ) co-sponsored an international symposium to explore the subject of family court reform. Twenty-eight judges representing eight countries and including numerous North American states and provinces met in Los Angeles, California, to identify the most pressing challenges facing family courts and to document promising approaches to improve practice and outcomes in family court cases. They focused on domestic relations cases, as opposed to child welfare and juvenile justice matters. Prior to the symposium, participants responded to a survey about family court reform efforts in each participant's jurisdiction. Judicial officers attending the symposium represented diverse legal systems with some common and many different practices and challenges. After a day filled with small and large group discussions, participants identified key takeaways and made recommendations emanating from the day's discussions.

Lesbian, gay, bisexual, transgender, queer, and other sexual and gender minority (LGBTQ+) individuals likely experience more intimate partner violence (IPV) than their cisgender, heterosexual counterparts. Though the research on IPV among LGBTQ+ individuals is lacking in quantity, available evidence suggests LGBTQ+ individuals have unique risk factors for IPV victimization and perpetration, express identity-specific reasons for underreporting IPV, and experience types of IPV specific to their sexual orientation and/or gender identities. Bisexual and transgender individuals appear to be at significantly higher risk of IPV victimization compared to their peers. A search of the Family Court Review archives suggests that IPV affecting bisexual parents has never been directly addressed in the publication, nor has IPV affecting transgender or gender-nonconforming parents, and the last article on the topic of IPV in gay and lesbian relationships (Bunker Rohrbaugh, 2006) was published more than 15 years ago when marriage and adoption rights were unavailable to most LGBTQ+ individuals. The current article provides an updated and comprehensive discussion of IPV within the broader LGBTQ+ community, reviews the limitations of the extant literature and the need for more research, and demonstrates that LGBTQ+ IPV is a complex issue with which all family court practitioners should be familiar.

The research linking pet abuse with domestic violence is overwhelming. Pet abuse is a significant indicator that a human family member is suffering too. Further, victims are likely to become abusers themselves, perpetuating the intertwined cycles of pet abuse and domestic violence. Most women in domestic violence shelters report that their pet was also victimized. However, since few domestic violence shelters in the U.S. accommodate pets, victims must decide between leaving their pet to endure further abuse, or delaying their own escape. Current federal grants do not meet the demand for funding. This Note proposes an Amendment to the PAWS Act, requiring the federal government to match state contributions to projects that expand access to pet-friendly shelters.

There is a long history of dissension among legal and mental health professionals about the value of child custody evaluations. Despite frequent use by the courts, the lack of adequate empirical research impedes the ability to validate the efficacy of child custody evaluations. This study investigated the overall value of court-ordered child custody evaluations by surveying a diverse, national sample of judges to gather data regarding the usefulness, and validity of child custody evaluations. Two hundred and sixty-eight judges from 42 states completed an anonymous survey. The results indicated that judges find information voiced by the child in question, data obtained from the parent–child observations, and collateral data obtained about the litigants as most useful. Survey findings suggested judges perceived there to be a shortage of trained evaluators and also consider child custody evaluations too expensive and too time-consuming. Overall, judges find child custody evaluations useful and clearly desire experts to include recommendations on legal custody and parenting time schedules in their reports.

This article argues that in order to intervene effectively and ethically with children who are manifesting Parent–child contact problems (PCCPs) after parental separation, we begin by being mindful of what is normal about divorce transitions and use developmentally appropriate and culturally sensitive analysis to rule out children's common transitory reactions. It is then important to concurrently assess for both family violence (FV) and severe parental alienating behavior (PAB) on the part of both parents, which can co-occur in some cases. The article asserts that it is also important to consider common problematic parenting responses that may potentiate the PCCP but not necessarily rise to the level of abuse. FV is defined as a child's direct experience of physical, sexual, or psychological maltreatment and indirect exposure to sibling abuse and/or to intimate partner violence (IPV). PAB is defined as an ongoing pattern of unwarranted negative messages on the part of one parent that conveys that the child's other parent is disinterested, irrelevant, dangerous, and not to be trusted. Any one or all of these factors may contribute to a child's strident negativity and sustained rejection of one parent, these being defining features of a PCCP. This article proposes ethical principles and priorities for decision-making in these cases, considering the growing social science controversy about assessment and intervention for PCCPs. It concludes with an analysis of recent, contrasting policy approaches to PCCPs (e.g., Kayden's Law and the Joint Statement of the AFCC and NCJFCJ) and their potential impact on family justice system professionals and the families they serve.

Domestic violence is a danger faced by women across the United States. When a woman suffering from battered woman syndrome (BWS) harms their abuser, they are often left with no defense to criminal liability. At trial, they may rely on expert testimony about BWS, but outdated judicial standards could prevent its admission to the jury. To protect these victims from facing life sentences as punishment for saving themselves, New York enacted the Domestic Violence Survivors Justice Act, which has been proven effective and should be adopted nationwide along with new evidentiary practices.

Conflict between parents is stressful for children living in the midst of parental separation or divorce. Although some level of post-separation/divorce conflict is understandable in an emotionally-charged separation/divorce, it undermines the extent to which parents can protect their children from short- and long-term problems. In this article, we weave together a synthesized perspective informed by our respective training and experience in prevention science and family law on the role of parent education programs for high-conflict separating/divorcing parents. To do so, we first describe the research on the effects of interparental conflict on children's outcomes and then discuss current approaches and challenges to reducing these negative effects by offering parent education programs for high-conflict separating/divorcing parents. Then, we propose and describe a new model for early, effective, and scalable parent education programs with the ultimate goal of protecting children after separation/divorce.

Intimate partner violence (IPV) is often considered an adult problem despite profound consequences for the children who are exposed toviolent relational patterns. About a third of children and adolescents report past exposure to parental IPV, and a majority were first exposed as infants. Exposure to IPV during pregnancy through the first 5 years of a child's life has consequences ranging from adverse birth outcomes to diagnosable emotional problems and lasting physiological dysregulation. This article reviews risks and consequences of IPV in pregnancy and early childhood and discusses a relational psychotherapeutic treatment approach (Child–Parent Psychotherapy) applied to both developmental stages to mitigate the adverse consequences of family violence on parents and their children. Research evidence for the effectiveness of Child–Parent Psychotherapy (CPP) among IPV-exposed families is reviewed as are specific treatment components which seek to restore relational safety following familial violence. Additionally, clinical considerations unique to families with histories of or ongoing exposure to IPV are discussed. Finally, recommendations are presented to improve the integration between medical and early childhood behavioral health systems for families at highest risk for chronic IPV.

Family violence is a multifaceted issue encompassing various harmful behaviors within familial relationships. This paper explores the definitional problems presented in this special issue on family violence and its impact on parenting and coparenting. By examining the shifts and expansions of concepts related to family violence over time, we highlight the transformative turns in this special issue that have helped us to clarify our understanding of family violence. We explore the transformative expansions of family violence by situating this exploration within a “concept creep” analysis. We make a note of the underlying assumptions associated with these concepts. Through an analysis of concept creep, we elucidate how the expansions and redefinition of violence-related terms have influenced our understanding of family violence. By differentiating family violence, intimate partner violence, and maltreatment, we emphasize the necessity of unpacking these terms to avoid oversimplification or overlooking certain forms of violence that may go unnoticed under narrow definitions. The authors further highlight the need for interdisciplinary collaboration to address the complexities of family violence and its impact on parenting and coparenting. By acknowledging and responding to expansions of concepts in family violence, we can strive to protect and support children in these challenging circumstances, ultimately promoting their well-being and creating safer family environments.

Approximately 35%–45% of young married adults engage in intimate partner violence (IPV), and it is possible to reliably distinguish between general IPV and clinically significant IPV in a manner accepted both by DSM-V & ICD-11. IPV and alcohol misuse have been associated in many research designs, and experts now argue that alcohol misuse causes IPV. While less research exists on other substances like marijuana, there is clearly a moderate association between marijuana use and IPV, and that association appears to be dose-dependent. Both IPV and substance use disorders (SUD), especially alcohol misuse, have been associated with a host of both internalizing and externalizing problems of children and adolescents. Research on the co-morbid effects of IPV and substance misuse is relatively new but there are documented cumulative effects of IPV, problematic alcohol use, problematic drug use, and depressive symptoms on aggressive and neglectful parental disciplinary practices. Fortunately, research on the effects of both alcohol misuse and IPV shows that while both can have deleterious effects on children, the majority of children exposed to either IPV or alcohol misuse do not grow up to have diagnoses of emotional or behavioral problems. Support from one parent, a teacher, or extended family members, as well as the ability to maintain family rituals, serve as protective factors for children. Recommendations are made regarding reviews of assessment of IPV and substance misuse as well as a guide for conceptualizing and completing forensic evaluations involving IPV and substance misuse.