Abstract This article explores how Australian courts consider allegations of domestic violence under Article 13(1)(b) of the Hague Convention on Child Abduction. As is now well known, there has been a paradigm shift since the Convention’s introduction, which has seen the circumstances and underlying reasons for international child abduction change. Through an examination of Australian case law from the past 5 years, this article reveals the issues that taking mothers continue to face in Australian return proceedings and the concerning reality that the courts continue to prioritise a prompt return over the safety and well-being of women and children exposed to domestic violence. This is despite feminist legal scholars and activists demonstrating for over 20 years that domestic violence is not being adequately dealt with in return proceedings and calling for change. The article discusses how the huge inequality in legal representation for taking mothers and left-behind fathers adds to the imbalance in these matters. Unfortunately, the recent Hague Conference Guide to Good Practice in such cases is unlikely to affect any substantive change to redress that imbalance. Suggestions for ways to redress the balance between taking mothers and left-behind fathers are suggested.
{"title":"Redressing the balance: how Australia’s approach under the Hague Abduction Convention is still endangering victims of domestic violence","authors":"Annabelle Gray, Miranda Kaye","doi":"10.1093/lawfam/ebac021","DOIUrl":"https://doi.org/10.1093/lawfam/ebac021","url":null,"abstract":"Abstract This article explores how Australian courts consider allegations of domestic violence under Article 13(1)(b) of the Hague Convention on Child Abduction. As is now well known, there has been a paradigm shift since the Convention’s introduction, which has seen the circumstances and underlying reasons for international child abduction change. Through an examination of Australian case law from the past 5 years, this article reveals the issues that taking mothers continue to face in Australian return proceedings and the concerning reality that the courts continue to prioritise a prompt return over the safety and well-being of women and children exposed to domestic violence. This is despite feminist legal scholars and activists demonstrating for over 20 years that domestic violence is not being adequately dealt with in return proceedings and calling for change. The article discusses how the huge inequality in legal representation for taking mothers and left-behind fathers adds to the imbalance in these matters. Unfortunately, the recent Hague Conference Guide to Good Practice in such cases is unlikely to affect any substantive change to redress that imbalance. Suggestions for ways to redress the balance between taking mothers and left-behind fathers are suggested.","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":"99 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135420128","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In medical practice, Singaporean paediatricians regularly encounter ethical dilemmas concerning the medical treatment of children and adolescents. While such disputes tend to be resolved out of court, it is useful to understand the legal framework for decision making in hard cases. Unlike in England and Wales where there is an abundance of litigation in this area and the law is well established, Singapore has a dearth of case law and a few discrete statutes regarding consent to medical treatment by children. Local legal resources on this subject are limited, and the differences between Singaporean and English law are not always made clear in medical guidance. Therefore, this article provides a comparative roadmap and seeks to answer key questions in Singaporean law on healthcare decision making for children, such as: Who can make decisions on their behalf? When can children give or refuse consent to treatment on their own? What is the threshold for judicial intervention in disputes concerning children’s medical care? How should ‘best interests’ be determined? This article identifies gaps and proposes ways that Singaporean law can develop by drawing inspiration from English judgments while making adaptations to the local context. It outlines situations when it is appropriate for the courts to decide cases concerning children’s medical treatment, notwithstanding the preference for alternative dispute resolution in Singapore.
{"title":"Healthcare Decision Making for Children in Singapore: The Missing Chapter in Comparison with English Law","authors":"H. Chua","doi":"10.1093/lawfam/ebad009","DOIUrl":"https://doi.org/10.1093/lawfam/ebad009","url":null,"abstract":"\u0000 In medical practice, Singaporean paediatricians regularly encounter ethical dilemmas concerning the medical treatment of children and adolescents. While such disputes tend to be resolved out of court, it is useful to understand the legal framework for decision making in hard cases. Unlike in England and Wales where there is an abundance of litigation in this area and the law is well established, Singapore has a dearth of case law and a few discrete statutes regarding consent to medical treatment by children. Local legal resources on this subject are limited, and the differences between Singaporean and English law are not always made clear in medical guidance. Therefore, this article provides a comparative roadmap and seeks to answer key questions in Singaporean law on healthcare decision making for children, such as: Who can make decisions on their behalf? When can children give or refuse consent to treatment on their own? What is the threshold for judicial intervention in disputes concerning children’s medical care? How should ‘best interests’ be determined? This article identifies gaps and proposes ways that Singaporean law can develop by drawing inspiration from English judgments while making adaptations to the local context. It outlines situations when it is appropriate for the courts to decide cases concerning children’s medical treatment, notwithstanding the preference for alternative dispute resolution in Singapore.","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41818739","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Childhood in a Global Perspective—Third Edition by Karen Wells; The Sociology of Children’s Rights by Gran Brian","authors":"P. Ehrhardt","doi":"10.1093/lawfam/ebad013","DOIUrl":"https://doi.org/10.1093/lawfam/ebad013","url":null,"abstract":"","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48289562","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Journal Article Research Handbook on Adoption Law, edited by Nigel Lowe and Claire Fenton-Glynn Get access Research Handbook on Adoption Law, Nigel Lowe Claire Fenton-Glynn (eds), Research Handbooks in Family Law Series, Edward Elgar Publishing, Cheltenham, UK and Massachusetts, USA, 2023, pp, £200, Hardback, ISBN 978-1-80088-325-3. Anne Mørk Anne Mørk Aalborg University, Denmark ampe@law.aau.dk Search for other works by this author on: Oxford Academic Google Scholar International Journal of Law, Policy and the Family, Volume 37, Issue 1, 2023, ebad022, https://doi.org/10.1093/lawfam/ebad022 Published: 23 September 2023
期刊文章研究手册上的收养法，编辑奈杰尔·洛和克莱尔·芬顿-格林获得研究手册上的收养法，奈杰尔·洛克莱尔·芬顿-格林(编辑)，研究手册在家庭法系列，爱德华·埃尔加出版社，切尔滕纳姆，英国和马萨诸塞州，美国，2023年，pp，£200，精装本，ISBN 978-1-80088- 225 -3。Anne Mørk Anne Mørk奥尔堡大学，丹麦ampe@law.aau.dk搜索作者的其他作品:牛津学术谷歌学者国际法律，政策和家庭杂志，第37卷，第1期，2023年，ebad022, https://doi.org/10.1093/lawfam/ebad022出版:2023年9月23日
{"title":"<i>Research Handbook on Adoption Law</i>, edited by Nigel Lowe and Claire Fenton-Glynn","authors":"Anne Mørk","doi":"10.1093/lawfam/ebad022","DOIUrl":"https://doi.org/10.1093/lawfam/ebad022","url":null,"abstract":"Journal Article Research Handbook on Adoption Law, edited by Nigel Lowe and Claire Fenton-Glynn Get access Research Handbook on Adoption Law, Nigel Lowe Claire Fenton-Glynn (eds), Research Handbooks in Family Law Series, Edward Elgar Publishing, Cheltenham, UK and Massachusetts, USA, 2023, pp, £200, Hardback, ISBN 978-1-80088-325-3. Anne Mørk Anne Mørk Aalborg University, Denmark ampe@law.aau.dk Search for other works by this author on: Oxford Academic Google Scholar International Journal of Law, Policy and the Family, Volume 37, Issue 1, 2023, ebad022, https://doi.org/10.1093/lawfam/ebad022 Published: 23 September 2023","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":"121 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135699545","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Advanced Introduction to Children’s Rights, Gamze Erdem Türkelli and Wouter Vandenhole","authors":"L. Ducarre","doi":"10.1093/lawfam/ebad016","DOIUrl":"https://doi.org/10.1093/lawfam/ebad016","url":null,"abstract":"","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48431252","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Journal Article Normativity and Diversity in Family Law: Lessons from Comparative Law, edited by Nadjma Yassari and Marie-Claire Foblets Get access Normativity and Diversity in Family Law: Lessons from Comparative Law, edited by Nadjma Yassari and Marie-Claire Foblets, Springer, 2022, pp, £129.99, Softcover, ISBN 978-3-030-83105-9 Tristan Cummings Tristan Cummings St Catharine’s College, University of Cambridge, UK tc619@cam.ac.uk Search for other works by this author on: Oxford Academic Google Scholar International Journal of Law, Policy and the Family, Volume 37, Issue 1, 2023, ebad021, https://doi.org/10.1093/lawfam/ebad021 Published: 05 October 2023
{"title":"<i>Normativity and Diversity in Family Law: Lessons from Comparative Law</i>, edited by Nadjma Yassari and Marie-Claire Foblets","authors":"Tristan Cummings","doi":"10.1093/lawfam/ebad021","DOIUrl":"https://doi.org/10.1093/lawfam/ebad021","url":null,"abstract":"Journal Article Normativity and Diversity in Family Law: Lessons from Comparative Law, edited by Nadjma Yassari and Marie-Claire Foblets Get access Normativity and Diversity in Family Law: Lessons from Comparative Law, edited by Nadjma Yassari and Marie-Claire Foblets, Springer, 2022, pp, £129.99, Softcover, ISBN 978-3-030-83105-9 Tristan Cummings Tristan Cummings St Catharine’s College, University of Cambridge, UK tc619@cam.ac.uk Search for other works by this author on: Oxford Academic Google Scholar International Journal of Law, Policy and the Family, Volume 37, Issue 1, 2023, ebad021, https://doi.org/10.1093/lawfam/ebad021 Published: 05 October 2023","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136007602","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This study is the first large-scale empirical account of child maintenance non-compliance in Sweden. The scheme explored is the guaranteed support system, i.e. when liable parents do not comply with their formal maintenance obligations as determined by the Swedish Social Insurance Agency (SSIA). The objective is to map out and describe the overall reasons why parents do not pay, as well as to explain why parents’ perceptions of their maintenance obligations diverge from those of the SSIA officials. To this end, the study utilises both quantitative descriptive analysis and qualitative thematic text analysis. The data were built on a unique body of material comprising over 700 court cases where liable parents disputed their maintenance obligations in Sweden’s 12 administrative courts, during 2014–2019. The quantitative results show that claiming economic inability and regular involvement in the care of children are the two most common arguments for non-payment. The qualitative analysis further suggests that the administrative tools and legal assessments designed to calculate payments to aid parents are in reality creating barriers, uncertainty, and distrust in the process. Consequently, the rules designed to protect children in lone-parent households are a factor contributing to non-payment by the other parent. The article concludes with reflections and public policy implications.
{"title":"Individual realities and legal responsibilities: a study of non-resident parents who dispute child maintenance obligations in Swedish administrative courts, 2014–2019","authors":"Johanna Finnström","doi":"10.1093/lawfam/ebad011","DOIUrl":"https://doi.org/10.1093/lawfam/ebad011","url":null,"abstract":"This study is the first large-scale empirical account of child maintenance non-compliance in Sweden. The scheme explored is the guaranteed support system, i.e. when liable parents do not comply with their formal maintenance obligations as determined by the Swedish Social Insurance Agency (SSIA). The objective is to map out and describe the overall reasons why parents do not pay, as well as to explain why parents’ perceptions of their maintenance obligations diverge from those of the SSIA officials. To this end, the study utilises both quantitative descriptive analysis and qualitative thematic text analysis. The data were built on a unique body of material comprising over 700 court cases where liable parents disputed their maintenance obligations in Sweden’s 12 administrative courts, during 2014–2019. The quantitative results show that claiming economic inability and regular involvement in the care of children are the two most common arguments for non-payment. The qualitative analysis further suggests that the administrative tools and legal assessments designed to calculate payments to aid parents are in reality creating barriers, uncertainty, and distrust in the process. Consequently, the rules designed to protect children in lone-parent households are a factor contributing to non-payment by the other parent. The article concludes with reflections and public policy implications.","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":"1 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41776849","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Only since a landmark decision by the Federal Court of Justice on 1 February 2017 has it been clear that family courts in Germany can order symmetric joint physical custody against the will of one parent. The prerequisite is that this solution is in the child’s best interests. This article analyses which criteria have been used by courts to order this physical custody arrangement since the decision. It also presents the results of the Family Models in Germany (FAMOD) study, which the authors conducted in Germany by interviewing a total of 1,554 families to investigate the living conditions of children cared for in joint physical custody care arrangements. Joint physical custody children were compared to children growing up in sole physical custody arrangements. Results show that joint physical custody can be a good solution for parents who succeed in keeping interparental conflict away from their children and reach an amicable agreement on the care of their children after separation. However, the advantages of joint physical custody were more apparent for children in the age group of 7–14 years than for younger children in the age group of 2–6 years. Furthermore, asymmetric joint physical custody seemed to have more positive effects on children’s well-being than symmetric joint physical custody.
{"title":"Joint physical custody in Germany: legal framework and results of the Family Models in Germany (FAMOD) study","authors":"Tobias Helms, Anja Steinbach, Lara Augustijn","doi":"10.1093/lawfam/ebad010","DOIUrl":"https://doi.org/10.1093/lawfam/ebad010","url":null,"abstract":"\u0000 Only since a landmark decision by the Federal Court of Justice on 1 February 2017 has it been clear that family courts in Germany can order symmetric joint physical custody against the will of one parent. The prerequisite is that this solution is in the child’s best interests. This article analyses which criteria have been used by courts to order this physical custody arrangement since the decision. It also presents the results of the Family Models in Germany (FAMOD) study, which the authors conducted in Germany by interviewing a total of 1,554 families to investigate the living conditions of children cared for in joint physical custody care arrangements. Joint physical custody children were compared to children growing up in sole physical custody arrangements. Results show that joint physical custody can be a good solution for parents who succeed in keeping interparental conflict away from their children and reach an amicable agreement on the care of their children after separation. However, the advantages of joint physical custody were more apparent for children in the age group of 7–14 years than for younger children in the age group of 2–6 years. Furthermore, asymmetric joint physical custody seemed to have more positive effects on children’s well-being than symmetric joint physical custody.","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47272182","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article examines the joint corpus of family and health legislation and practices to analyse the notions behind the Danish regulation of assisted reproduction. It introduces an analytical framework, which encompasses a more comprehensive approach and encapsulates the variety of regulatory tools that expressly or implicitly create restrictions on the provision of assisted reproduction. By providing a generally applicable framework for analyses of the de facto regulation to expose possible underlying tacit concepts, this article makes a methodological contribution to enhance the understanding of the intermingling fields of family and reproductive law. The analysis in this article shows that eligibility for receiving infertility care depends on one’s current family constellation and it is not children per se, which are the focal point. Surprisingly neither is the nuclear family. Rather, the consummation of the relationship between a man and a woman through one shared child is at the core of the regulation. Archaic notions of family and gender expectations are thus revealed. The article concludes by discussing how the raison d'être behind the regulation could have been something other than a specific concept of family. In this way, the article invites others to analyse their national regulation of assisted reproduction and to contribute to an international discussion about whom, in the pursuit of family formation through ART treatment, has an underprivileged status.
{"title":"Tacit Concepts of Family in Legislation on Assisted Reproduction","authors":"F. H. Pedersen","doi":"10.1093/lawfam/ebad007","DOIUrl":"https://doi.org/10.1093/lawfam/ebad007","url":null,"abstract":"\u0000 This article examines the joint corpus of family and health legislation and practices to analyse the notions behind the Danish regulation of assisted reproduction. It introduces an analytical framework, which encompasses a more comprehensive approach and encapsulates the variety of regulatory tools that expressly or implicitly create restrictions on the provision of assisted reproduction. By providing a generally applicable framework for analyses of the de facto regulation to expose possible underlying tacit concepts, this article makes a methodological contribution to enhance the understanding of the intermingling fields of family and reproductive law. The analysis in this article shows that eligibility for receiving infertility care depends on one’s current family constellation and it is not children per se, which are the focal point. Surprisingly neither is the nuclear family. Rather, the consummation of the relationship between a man and a woman through one shared child is at the core of the regulation. Archaic notions of family and gender expectations are thus revealed. The article concludes by discussing how the raison d'être behind the regulation could have been something other than a specific concept of family. In this way, the article invites others to analyse their national regulation of assisted reproduction and to contribute to an international discussion about whom, in the pursuit of family formation through ART treatment, has an underprivileged status.","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44400432","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Journal Article Reaffirming Autonomy of Trans and Gender-Diverse Children and Adolescents Get access Reaffirming Autonomy of Trans and Gender-Diverse Children and Adolescents, GATE, New York, 2023, pp, Online Report, available at: https://gate.ngo/reaffirming-autonomy-of-trans-and-gender-diverse-children-and-adolescents/ Frederique Joosten Frederique Joosten Faculty of Law, University of Cambridge, UK fhmj3@cam.ac.uk Search for other works by this author on: Oxford Academic Google Scholar International Journal of Law, Policy and the Family, Volume 37, Issue 1, 2023, ebad025, https://doi.org/10.1093/lawfam/ebad025 Published: 05 October 2023
{"title":"Reaffirming Autonomy of Trans and Gender-Diverse Children and Adolescents","authors":"Frederique Joosten","doi":"10.1093/lawfam/ebad025","DOIUrl":"https://doi.org/10.1093/lawfam/ebad025","url":null,"abstract":"Journal Article Reaffirming Autonomy of Trans and Gender-Diverse Children and Adolescents Get access Reaffirming Autonomy of Trans and Gender-Diverse Children and Adolescents, GATE, New York, 2023, pp, Online Report, available at: https://gate.ngo/reaffirming-autonomy-of-trans-and-gender-diverse-children-and-adolescents/ Frederique Joosten Frederique Joosten Faculty of Law, University of Cambridge, UK fhmj3@cam.ac.uk Search for other works by this author on: Oxford Academic Google Scholar International Journal of Law, Policy and the Family, Volume 37, Issue 1, 2023, ebad025, https://doi.org/10.1093/lawfam/ebad025 Published: 05 October 2023","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136007773","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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