{"title":"Festskrift till Maarit Jänterä-Jareborg, Marie Linton and Mosa Sayed (eds)","authors":"Katja Karjalainen","doi":"10.1093/lawfam/ebac023","DOIUrl":"https://doi.org/10.1093/lawfam/ebac023","url":null,"abstract":"","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44103050","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}
Detailed, voluntary parenting plans are being increasing used in many jurisdictions. In conjunction with legislative reforms that came into effect in Canada in 2021 and specifically provide for parenting plans in place of traditional custody and access orders, the Ontario Chapter of the Association of Family and Conciliation Courts (AFCC-O) tasked a multidisciplinary group to prepare materials to assist professionals and parents in making parenting plans, including providing developmentally appropriate advice about parenting time schedules. This research project involved surveys and interviews with a total of 103 participants (lawyers, judges, mediators, mental health professionals, and parents) about their experiences with parenting plans and the AFCC-O materials. The use of parenting plans has increased as a result of the legislative changes, new resources to assist in making plans, and the accompanying professional education programmes. Professionals and parents appreciate having access to the type of jurisdictionally specific resource materials prepared by multidisciplinary groups, and judges have made significant use of these materials. The materials are especially useful for parents who have access to appropriate professional support and who have good literacy skills, and for lower conflict cases. It is, however, clear that the parenting plan materials have limitations, and in particular these resources have limited utility for self-represented litigants and cannot help in resolving higher conflict cases and those cases where family violence exists.
{"title":"Experience with Ontario’s Parenting Plan Guide and Template","authors":"R. Birnbaum, N. Bala","doi":"10.1093/lawfam/ebac013","DOIUrl":"https://doi.org/10.1093/lawfam/ebac013","url":null,"abstract":"\u0000 Detailed, voluntary parenting plans are being increasing used in many jurisdictions. In conjunction with legislative reforms that came into effect in Canada in 2021 and specifically provide for parenting plans in place of traditional custody and access orders, the Ontario Chapter of the Association of Family and Conciliation Courts (AFCC-O) tasked a multidisciplinary group to prepare materials to assist professionals and parents in making parenting plans, including providing developmentally appropriate advice about parenting time schedules. This research project involved surveys and interviews with a total of 103 participants (lawyers, judges, mediators, mental health professionals, and parents) about their experiences with parenting plans and the AFCC-O materials. The use of parenting plans has increased as a result of the legislative changes, new resources to assist in making plans, and the accompanying professional education programmes. Professionals and parents appreciate having access to the type of jurisdictionally specific resource materials prepared by multidisciplinary groups, and judges have made significant use of these materials. The materials are especially useful for parents who have access to appropriate professional support and who have good literacy skills, and for lower conflict cases. It is, however, clear that the parenting plan materials have limitations, and in particular these resources have limited utility for self-represented litigants and cannot help in resolving higher conflict cases and those cases where family violence exists.","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47394227","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}
More and more Chinese live in Western countries nowadays and many disputes over transfers between Chinese family members are brought to Western courts. Generally, little documentary evidence on such transactions is available and the oral evidence is commonly divergent as to what was agreed and what happened. Western judges are faced with the puzzle whether the transfer was a gift, a loan, or an equity investment. This article elaborates on the relevant Chinese cultural dimensions and the recent developments. It discusses the cultural relevance in determining the nature of such transfers and investigates whether clearly established Chinese cultural norms could be admissible evidence aiding the interpretation, or even implied terms, of the transaction. It argues that Chinese culture should be seriously considered in assessing the credibility of Chinese witnesses. This article critiques the prevailing common law presumptions, and proposes an analytical model aiming to assist Western judges and lawyers to assess the cultural influence properly for better answers to the puzzles.
{"title":"Decoding the puzzle: Chinese culture, familial transfers, and disputes in Western courts","authors":"Z. Liao","doi":"10.1093/lawfam/ebac026","DOIUrl":"https://doi.org/10.1093/lawfam/ebac026","url":null,"abstract":"More and more Chinese live in Western countries nowadays and many disputes over transfers between Chinese family members are brought to Western courts. Generally, little documentary evidence on such transactions is available and the oral evidence is commonly divergent as to what was agreed and what happened. Western judges are faced with the puzzle whether the transfer was a gift, a loan, or an equity investment. This article elaborates on the relevant Chinese cultural dimensions and the recent developments. It discusses the cultural relevance in determining the nature of such transfers and investigates whether clearly established Chinese cultural norms could be admissible evidence aiding the interpretation, or even implied terms, of the transaction. It argues that Chinese culture should be seriously considered in assessing the credibility of Chinese witnesses. This article critiques the prevailing common law presumptions, and proposes an analytical model aiming to assist Western judges and lawyers to assess the cultural influence properly for better answers to the puzzles.","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49225466","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":"OUP accepted manuscript","authors":"","doi":"10.1093/lawfam/ebac012","DOIUrl":"https://doi.org/10.1093/lawfam/ebac012","url":null,"abstract":"","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"61429092","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":"Problematizing Law, Rights, and Childhood in Israel/Palestine, Hedi Viterbo","authors":"Heidi Morrison","doi":"10.1093/lawfam/ebac017","DOIUrl":"https://doi.org/10.1093/lawfam/ebac017","url":null,"abstract":"","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46389638","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":"Penser la GPA (French edition), Daniel Borrillo and Thomas Perroud","authors":"Bruce Hale","doi":"10.1093/lawfam/ebac027","DOIUrl":"https://doi.org/10.1093/lawfam/ebac027","url":null,"abstract":"","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42854369","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}
A. Beebeejaun, Krishnee Adnarain Appadoo, R. Mahadew
Surveys conducted by Statistics Mauritius indicate that cases of domestic violence in Mauritius during the lockdown of 2020 have increased by five-fold as compared to the years 2018 and 2019. Furthermore, during the second wave of the COVID-19 pandemic, 293 cases of domestic violence were reported over a period of 18 days as announced by the Minister of Gender Equality and Family Welfare in April 2021 and 87.3% of these cases had women as victims. While these alarming statistics acknowledge the escalation of domestic violence as a form of social ill, they also trigger the questioning of the efficiency and adequacy of the relevant legal and regulatory measures undertaken by the Mauritian authorities to reduce or eliminate domestic violence in the wake of the current health crisis. Hence, the purpose of this research is to investigate the policy responses and endeavours established by the Mauritius authorities to ensure elimination of domestic violence in Mauritius, to identify loopholes inherent in the present legal provisions and to suggest recommendations to enhance the legal and regulatory framework on women’s protection in Mauritius. A black letter approach and comparative analysis is adopted for this study.
{"title":"An Assessment of the Mauritian Legal and Regulatory Measures to Mitigate Domestic Violence in the Wake of COVID-19: A Comparative Study with South Africa","authors":"A. Beebeejaun, Krishnee Adnarain Appadoo, R. Mahadew","doi":"10.1093/lawfam/ebac015","DOIUrl":"https://doi.org/10.1093/lawfam/ebac015","url":null,"abstract":"\u0000 Surveys conducted by Statistics Mauritius indicate that cases of domestic violence in Mauritius during the lockdown of 2020 have increased by five-fold as compared to the years 2018 and 2019. Furthermore, during the second wave of the COVID-19 pandemic, 293 cases of domestic violence were reported over a period of 18 days as announced by the Minister of Gender Equality and Family Welfare in April 2021 and 87.3% of these cases had women as victims. While these alarming statistics acknowledge the escalation of domestic violence as a form of social ill, they also trigger the questioning of the efficiency and adequacy of the relevant legal and regulatory measures undertaken by the Mauritian authorities to reduce or eliminate domestic violence in the wake of the current health crisis. Hence, the purpose of this research is to investigate the policy responses and endeavours established by the Mauritius authorities to ensure elimination of domestic violence in Mauritius, to identify loopholes inherent in the present legal provisions and to suggest recommendations to enhance the legal and regulatory framework on women’s protection in Mauritius. A black letter approach and comparative analysis is adopted for this study.","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48396772","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":"OUP accepted manuscript","authors":"","doi":"10.1093/lawfam/ebac002","DOIUrl":"https://doi.org/10.1093/lawfam/ebac002","url":null,"abstract":"","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"61428606","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":"OUP accepted manuscript","authors":"","doi":"10.1093/lawfam/ebac003","DOIUrl":"https://doi.org/10.1093/lawfam/ebac003","url":null,"abstract":"","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"61428655","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}
Kirsty Horsey, M. Arian-Schad, N. Macklon, K. Ahuja
What are surrogates’ views on their experience with surrogacy, their understanding of the law, and views on legal reform? We conducted an online retrospective survey of women who underwent treatment as gestational surrogates in two UK-regulated IVF centres between March 2014 and October 2021. Forty-seven surrogates responded outlining their experiences with surrogacy in the England/Wales legal context, their understandings of the law, and thoughts on potential law reform. The surrogates ranged in age, occupation, and household income. Most surrogates were white, British women. While almost half were family members or friends of the intended parents, the largest category met the intended parents through a non-profit surrogacy organization. Two-thirds of the respondents had given birth to a baby as a surrogate. Surrogates generally do not view themselves as the mother of the child that they carry and support proposals for reforms that would recognize the intended parents as legal parents from birth. More ambivalence is apparent in relation to expenses and payments, though advertising is generally supported. Draft new legislation is expected to be introduced in the UK in 2023, and the results of this study could inform public and parliamentary debates to come in the UK and elsewhere. Moreover, the results from this survey can assist the development of good practice models for care on the surrogate pathway.
{"title":"UK surrogates’ characteristics, experiences, and views on surrogacy law reform","authors":"Kirsty Horsey, M. Arian-Schad, N. Macklon, K. Ahuja","doi":"10.1093/lawfam/ebac030","DOIUrl":"https://doi.org/10.1093/lawfam/ebac030","url":null,"abstract":"\u0000 What are surrogates’ views on their experience with surrogacy, their understanding of the law, and views on legal reform? We conducted an online retrospective survey of women who underwent treatment as gestational surrogates in two UK-regulated IVF centres between March 2014 and October 2021. Forty-seven surrogates responded outlining their experiences with surrogacy in the England/Wales legal context, their understandings of the law, and thoughts on potential law reform. The surrogates ranged in age, occupation, and household income. Most surrogates were white, British women. While almost half were family members or friends of the intended parents, the largest category met the intended parents through a non-profit surrogacy organization. Two-thirds of the respondents had given birth to a baby as a surrogate. Surrogates generally do not view themselves as the mother of the child that they carry and support proposals for reforms that would recognize the intended parents as legal parents from birth. More ambivalence is apparent in relation to expenses and payments, though advertising is generally supported. Draft new legislation is expected to be introduced in the UK in 2023, and the results of this study could inform public and parliamentary debates to come in the UK and elsewhere. Moreover, the results from this survey can assist the development of good practice models for care on the surrogate pathway.","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43270505","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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