Family Law Commons^™

A Child-Centered Response To The Elkins Family Law Task Force, Amy M. Pellman, Robert N. Jacobs, Dara K. Reiner

William & Mary Bill of Rights Journal

In Elkins v. Superior Court, 163 P.3d 160 (Cal. 2007), California’s Supreme Court asked the Judicial Council to form a task force to make recommendations to increase “access to justice” in family court, because it was concerned about rules, policies, and procedures that put self-represented litigants at an unfair disadvantage in parentageand dissolution cases.

Neither the task force’s report in 2010 nor the legislation that the report inspired the same year addresses children’s due process rights, even though children ordinarily have no access to justice. This Article shows that due process sometimes requires the trial court to appoint counsel for …

Best Interests And Parental Presumptions: Bringing Same-Sex Custody Agreements Beyond Preclusion By The Federal Defense Of Marriage Act, Alison M. Schmieder

William & Mary Bill of Rights Journal

No abstract provided.

A Child's Right: What Should The State Be Required To Provide To Teenagers Aging Out Of Foster Care, Katherine M. Swift

William & Mary Bill of Rights Journal

Teenagers aging out of foster care face harms that can be traced to their lack of preparation for adulthood. This Article argues that teenagers in foster care have a substantive due process right to services not only while they are in state custody but also after they age out of care. The lower federal courts have interpreted the Supreme Court's decision in DeShaney v. Winnebago County Department of Social Services to mean that foster children-like prisoners and mentally retarded people held in state custody-have a substantive due process right to personal safety. What the courts have not considered is how …

Parental Autonomy And Children's Welfare, Elizabeth S. Scott

William & Mary Bill of Rights Journal

No abstract provided.

A Taxonomy Of Children's Existing Rights In State Decision Making About Their Relationships, James G. Dwyer

William & Mary Bill of Rights Journal

No abstract provided.

"Entreat Me Not To Leave Thee": Bottoms V. Bottoms And The Custody Rights Of Gay And Lesbian Parents, Stephen B. Pershing

William & Mary Bill of Rights Journal

No abstract provided.