Human rights law is in its infancy in Australia. Some states and territories have human rights legislation that requires government officials to take human rights into account in decision-making. However, there is very little Australian case law or commentary regarding the application of human rights law to child protection matters. In this article, we discuss the potential for human rights law to influence decision-making in child protection. We interviewed lawyers and social workers who support parents in child protection matters in the state of Queensland to determine whether they thought rights-based advocacy could bring about better outcomes for their clients. Whilst some social workers were optimistic about the potential for human rights advocacy to improve outcomes for parents, lawyers generally believed that human rights law was unlikely to assist. Jurisprudence from other jurisdictions demonstrates that human rights arguments can influence outcomes in child protection matters, so additional human rights training may be needed for lawyers and judicial officers in Australia to encourage consideration of human rights in child protection cases.
{"title":"Are human rights ‘toothless’ in Australian child protection matters? Perspectives of lawyers and social workers","authors":"T. Walsh, K. Healy, J. Venables, Kate Thompson","doi":"10.1093/lawfam/ebac028","DOIUrl":"https://doi.org/10.1093/lawfam/ebac028","url":null,"abstract":"\u0000 Human rights law is in its infancy in Australia. Some states and territories have human rights legislation that requires government officials to take human rights into account in decision-making. However, there is very little Australian case law or commentary regarding the application of human rights law to child protection matters. In this article, we discuss the potential for human rights law to influence decision-making in child protection. We interviewed lawyers and social workers who support parents in child protection matters in the state of Queensland to determine whether they thought rights-based advocacy could bring about better outcomes for their clients. Whilst some social workers were optimistic about the potential for human rights advocacy to improve outcomes for parents, lawyers generally believed that human rights law was unlikely to assist. Jurisprudence from other jurisdictions demonstrates that human rights arguments can influence outcomes in child protection matters, so additional human rights training may be needed for lawyers and judicial officers in Australia to encourage consideration of human rights in child protection cases.","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":"46706190","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/ebac001","DOIUrl":"https://doi.org/10.1093/lawfam/ebac001","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":"61428541","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}
An increasing number of cases of parental separation involve high conflict and claims that a parent is alienating a child. This study analyzes reported family law cases involving claims of parental alienation in Quebec between 2017 and 2020 (n = 164). Bivariate analyzes were undertaken to establish correlations between family characteristics (child's age, safety issues concerning the children and parents, severity of the parental conflict, child's age, allegations of domestic violence and child abuse) and court decisions. Judges made a finding of parental alienation in a minority of cases where a claim of alienation was made, and in more than a quarter of cases did not resolve the claim. Issues of family violence were raised in about a quarter of the cases where alienation was an issue. The courts rarely dismissed a claim of violence and made a finding of alienation. The most common outcome of all cases was a continuation of the status quo, with a custody reversal in only a few cases (n = 7). Mothers were more often alleged to be engaging in alienating behaviour, but there is a lower rate of judicial substantiation of alienation against mothers, and the study did not find evidence of gender bias. Judicial findings of alienation were associated with substantiation by a child custody evaluator or the child protection service. Only a small portion of cases resulted in orders psychosocial interventions. The authors argue that courts, agencies professionals need to better address issues of parental alienation and family violence.
{"title":"Family Court Responses to Claims of Parental Alienation in Quebec","authors":"Amylie Paquin-Boudreau, K. Poitras, N. Bala","doi":"10.1093/lawfam/ebac014","DOIUrl":"https://doi.org/10.1093/lawfam/ebac014","url":null,"abstract":"\u0000 An increasing number of cases of parental separation involve high conflict and claims that a parent is alienating a child. This study analyzes reported family law cases involving claims of parental alienation in Quebec between 2017 and 2020 (n = 164). Bivariate analyzes were undertaken to establish correlations between family characteristics (child's age, safety issues concerning the children and parents, severity of the parental conflict, child's age, allegations of domestic violence and child abuse) and court decisions. Judges made a finding of parental alienation in a minority of cases where a claim of alienation was made, and in more than a quarter of cases did not resolve the claim. Issues of family violence were raised in about a quarter of the cases where alienation was an issue. The courts rarely dismissed a claim of violence and made a finding of alienation. The most common outcome of all cases was a continuation of the status quo, with a custody reversal in only a few cases (n = 7). Mothers were more often alleged to be engaging in alienating behaviour, but there is a lower rate of judicial substantiation of alienation against mothers, and the study did not find evidence of gender bias. Judicial findings of alienation were associated with substantiation by a child custody evaluator or the child protection service. Only a small portion of cases resulted in orders psychosocial interventions. The authors argue that courts, agencies professionals need to better address issues of parental alienation and family violence.","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":"46682932","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/ebac007","DOIUrl":"https://doi.org/10.1093/lawfam/ebac007","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":"61428493","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/ebac011","DOIUrl":"https://doi.org/10.1093/lawfam/ebac011","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":"61429059","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":"Corrigendum to: Intersection between Domestic Violence and International Parental Child Abduction: Protection of Abducting Mothers in Return Proceedings","authors":"Trimmings K, Momoh O.","doi":"10.1093/lawfam/ebab020","DOIUrl":"https://doi.org/10.1093/lawfam/ebab020","url":null,"abstract":"<span><span style=\"font-style:italic;\">International Journal of Law, Policy and the Family</span>, Volume 35, Issue 1, 2021, ebab001, https://doi.org/10.1093/lawfam/ebab001</span>","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2021-08-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138528796","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":"Nicole Busby and Grace James, A History of Regulating Working Families: Strains, Stereotypes, Strategies and Solutions, Hart Publishing Plc, 2020, 174pp, £60.00, Hardback, ISBN 9781509904617","authors":"Chris J. Barton","doi":"10.1093/LAWFAM/EBAA018","DOIUrl":"https://doi.org/10.1093/LAWFAM/EBAA018","url":null,"abstract":"","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2021-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/LAWFAM/EBAA018","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45031916","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":"Adults and Children in Postmodern Societies: A Comparative Law and Multidisciplinary Handbook, by Jehanne Sosson, Geoffrey Willems, and Gwendoline Motte","authors":"N. Peleg","doi":"10.1093/LAWFAM/EBAB006","DOIUrl":"https://doi.org/10.1093/LAWFAM/EBAB006","url":null,"abstract":"","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2021-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46475385","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 discusses the implementation of the right of child custody in the Indonesian Family Law system, which under the Indonesian Marriage Act 1974 does not explicitly regulate the form of custody and ensure the best interests of the child. The research aimed to examine the reasoning by judges (in both the Religious Court and State Courts) and their decisions in child custody disputes, the form of child custody that was granted, and to what extent the reasoning and decisions have considered the (best) interests of the child. A qualitative approach was adopted. The data was obtained by scrutinizing 31 court decisions across the Indonesian archipelago in cases related to divorce and child custody. The research found that judges granted the right of custody to the mother, father, or both parents, depending on various particulars of the case, and parental capability. The Judges’ decision making considered the potential psychological and social effects on the children. However, they did not consider the history of domestic violence by the parents nor fully accommodate the best interests of the child/ren because their voices were not always heard.
{"title":"Accommodating the ‘Best Interests of the Child’ in Custody Disputes in the Indonesian System/s of Family Law","authors":"Saraswati Rika","doi":"10.1093/LAWFAM/EBAB011","DOIUrl":"https://doi.org/10.1093/LAWFAM/EBAB011","url":null,"abstract":"\u0000 This article discusses the implementation of the right of child custody in the Indonesian Family Law system, which under the Indonesian Marriage Act 1974 does not explicitly regulate the form of custody and ensure the best interests of the child. The research aimed to examine the reasoning by judges (in both the Religious Court and State Courts) and their decisions in child custody disputes, the form of child custody that was granted, and to what extent the reasoning and decisions have considered the (best) interests of the child. A qualitative approach was adopted. The data was obtained by scrutinizing 31 court decisions across the Indonesian archipelago in cases related to divorce and child custody. The research found that judges granted the right of custody to the mother, father, or both parents, depending on various particulars of the case, and parental capability. The Judges’ decision making considered the potential psychological and social effects on the children. However, they did not consider the history of domestic violence by the parents nor fully accommodate the best interests of the child/ren because their voices were not always heard.","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2021-05-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/LAWFAM/EBAB011","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47032217","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":"The Interaction between Family Law, Succession Law and Private International Law: Adapting to Change, by Jens M. Scherpe and Elena Bargelli","authors":"Laure Sauvé","doi":"10.1093/LAWFAM/EBAB012","DOIUrl":"https://doi.org/10.1093/LAWFAM/EBAB012","url":null,"abstract":"","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2021-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48478337","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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