Family Law Commons^™

Tearing Down The House: Weakening The Foundation Of Divorce Mediation Brick By Brick, Colleen N. Kotyk

William & Mary Bill of Rights Journal

Mediation is an attractive alternative to traditional litigation. In the last decade the use of mediation in family law has increased substantially. Mediation is particularly suited to family disputes when the parties voluntarily choose to use the process because it can help the parties resolve disputes and foster long-term relationships. Not all parties, however, are given a choice between mediation and more traditional adversarial justice. Currently, state legislation ranges from permitting mediation to mandating mediation. Mandatory mediation raises the issue of due process violations, especially in situations involving spousal abuse.

This Note analyzes the use of mediation in domestic relations …

Spruce Run News (December 1997), Spruce Run Staff

Maine Women's Publications - All

No abstract provided.

Domestic Relations, Barry B. Mcgough

Mercer Law Review

The survey year produced a wide array of appellate opinions with no discernible area of focus. Of particular interest were decisions holding that the relocation of a custodial parent is not alone grounds to change custody and that notice of trial by publication alone contravenes the due process rights of a pro se litigant in a divorce action in which custody of minor children is at issue. A resident can sue for divorce and an award of Georgia property even though the nonresident spouse has never been in the state. However, a resident cannot enforce a foreign divorce decree when …

Family Group Conferences As A Form Of Court Approved Alternative Dispute Resolution In Child Abuse And Neglect Cases, Jolene M. Lowry

University of Michigan Journal of Law Reform

The problems associated with long-term foster care of children have escalated over the past decade as more abused and neglected children enter the already overworked and underfunded state child protective system& The recent Personal Responsibility and Work Opportunity Reconciliation Act of 1996 mandates giving preference to placement within the extended family for children who cannot be returned to their parents. Compliance with this law requires substantial changes in the policies and procedures of human services agencies in most states. This Article discusses "family group conferencing,' a new model for working with families within the system. Family Group Conferencing originated in …

Speaking To Tribal Judges On The Matter Of Improving Children's Court Practice In Child Abuse And Neglect Cases In Our Country: A Proposal For A Uniform Children's Code, Julian D. Pinkham

University of Michigan Journal of Law Reform

Since the 1970 the responsibilities of the tribal children's courts have increased dramatically. In child welfare case tribal courts no longer simply determine whether a child has been abused or neglected. They now also oversee the placement of the child in a shelter, foster care, or a permanent home, as well as determine the parent's treatment or visitation rights The complexity of the cases causes unacceptable delays in placing Indian children in need of care and hinders the placement of Indian children within the tribal community.

Judge Pinkham introduces a proposed solution to the problems of current tribal child welfare …

Child Care, Welfare Reform, And Taxes, Mary L. Heen

Law Faculty Publications

The welfare reform legislation passed by Congress last year makes significant changes in the social welfare system, followed this year by contrasting shifts in the. federal tax system's treatment of families with children. This article discusses how the. welfare and tax law changes affect overall child care policy and funding levels for work-related child care, and evaluates the newly enacted child tax credit and the existing child care tax credit in light of their combined effects on low income working families.

The Globalization Of Female Child Prostitution: A Call For Reintegration And Recovery Measures Via Article 39 Of The United Nations Convention On The Rights Of The Child, Laurie Robinson

Indiana Journal of Global Legal Studies

No abstract provided.

Protecting The Rights Of Hard To Place Children In Adoptions, Troy D. Farmer

Indiana Law Journal

No abstract provided.

We Know Better Than We Do: A Policy Framework For Child Welfare Reform, Donald N. Duquette, Sandra K. Danzinger, Joan M. Abbey, Kristin S. Seefeldt

University of Michigan Journal of Law Reform

The need for comprehensive reform of child welfare policies and systems has long been evident. This Article reports observations from the WK Kellogg Foundation-sponsored Families for Kids Initiative that seeks to expand services and support to families and reduce the time children spend in temporary care. The authors first provide an overview of the need for reforms such as those proposed by this initiative, suggesting that many child welfare studies, critiques, and proposed reforms have had similar objectives. The authors highlight lessons learned from how these reform goals are being developed, implemented, and practiced in ongoing programs across the nation …

Developing A Child Advocacy Law Clinic: A Law School Clinical Legal Education Opportunity, Donald N. Duquette

University of Michigan Journal of Law Reform

Clinical legal education has become an accepted and integral complement to traditional law school curricula. Professor Duquette argues that clinical education is uniquely able to integrate the teaching of practical skills and legal doctrine, elevating students' understanding of both. Duquette maintains that a child advocacy law clinic can teach a broad range of practical skill benefit the hosting law school by providing an opportunity for interdisciplinary education as well as a public relations benefit, while simultaneously serving an important need in most communities for quality representation of all parties in child abuse and neglect cases. Most importantly, participation in a …

And Never The Twain Shall Meet: The Best Interests Of Children And The Adversary System, Janet Weinstein

University of Miami Law Review

No abstract provided.

Court-Created Boundaries Between A Visible Lesbian Mother And Her Children, Susan J. Becker

Law Faculty Articles and Essays

This essay identifies some of the boundaries and obstacles imposed by the courts on a "visible" lesbian mother striving to maintain a healthy relationship with her children. The term "visible" is used to describe a mother whose lesbian sexuality has been revealed to a court empowered with defining her future contact with her children. The primary focus here is on children who were conceived through a heterosexual relationship, and where a heterosexual parent, grandparent, or other person is challenging the lesbian mother's right to custody of, or visitation with, her own children. Court created boundaries are identified and discussed in …

Divorce And Domicile: Time To Sever The Knot, Rhonda Wasserman

William & Mary Law Review

No abstract provided.

Preliminary Report: Availability Of Domestic Violence Services For Latina Survivors In New York State, Jenny Rivera

In the Public Interest

No abstract provided.

Mediator Qualifications: The Trend Toward Professionalization, Bobby Marzine Harges

BYU Law Review

No abstract provided.

Coming Out In West Virginia: Child Custody And Visitation Disputes Involving Gay Or Lesbian Parents, Jeffery L. Hall

West Virginia Law Review

No abstract provided.

An Interdisciplinary Approach To Family Law Jurisprudence: Application Of An Ecological And Therapeutic Perspective, Barbara A. Babb

Indiana Law Journal

No abstract provided.

In The Interest Of R.E.W.: Visitation Rights Of Homosexual Parents In Georgia, Allison Strazzella Brantley

Mercer Law Review

In a 1996 case, In the Interest of R.E.W., the Georgia Court of Appeals addressed an issue of first impression concerning the visitation rights of a noncustodial homosexual parent. The court set a tolerant precedent when it awarded the noncustodial homosexual father unsupervised visitation rights with his child.

An Interdisciplinary Approach To Family Law Jurisprudence: Application Of An Ecological And Therapeutic Perspective, Barbara A. Babb

All Faculty Scholarship

Traditionally, the legal system has attempted to fashion morality in determining family legal issues rather than to devise legal remedies that accommodate how families live. This approach must change, and a new approach based on legal realism that effectuates the well-being of families and children must be developed. This article proposes an interdisciplinary approach based on an ecological and therapeutic jurisprudential paradigm to resolve family legal proceedings. An ecological approach, emanating from the ecology of human development social science paradigm, is one in which family law decision-makers consider factors beyond their conceptions of the family. This approach urges decision-makers to …

A Feminist View Of American Elder Law, Rebecca Korzec

All Faculty Scholarship

ANY discussion of contemporary American elder law must consider gender issues. A number of gender concerns are readily discernible, including workplace and family issues. Significantly, sex-based disparities are increasing within the elderly population. In turn, these disparities exacerbate problems of fairness and equity in meeting intergenerational family needs and expectations.

As with childrearing, in contemporary American society, the major caregiving responsibility for the growing number of frail elderly falls largely on women rather than men. With an increasing number of women working outside the family home, the intersection of work and family issues is receiving considerable attention both in academic …

Child Support Arrearages: What Statute Of Limitations (If Any) Applies, Harry Truman Moore

University of Arkansas at Little Rock Law Review

No abstract provided.

Clark Memorandum: Spring 1997, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum

• Anonymous No More (Lovisa Lyman)
• Fiddler on the U.N. Roof (Charles D. Cranney)
• In the Beginning (Carl S. Hawkins)
• Unmeasured Factors of Success (John E. Carmack)

Religion, Custody, And A Child's Identities, Shauna Van Praagh

Osgoode Hall Law Journal

Custody decisionmaking in which religion plays a role is significant from the perspective of parents, children, religious communities, and the liberal diverse state. Neither a family law analysis based on best interests, nor a constitutional law analysis based on parental rights, provides a wholly satisfactory response to the task of delineating custody and access when religion is at issue. Instead, a child's sense of identity, partly defined through membership in religious communities, must be considered; at the same time, the child's integrity must be protected. By balancing a child's interests of identity and integrity, courts respect religious freedoms and custodial …

Interprovincial Enforcement Of Maintenance Orders: New Principles, New Approaches, Lynn Walsworth

Dalhousie Law Journal

The author points out that the existing legislative scheme for interprovincial enforcement of maintenance orders is premised on common law rules which have nowbeen rejected by the Supreme Court of Canada. Those same Supreme Court decisions have opened the door for new legislative approaches to intra-Canadian enforcement of these obligations. This paper surveys a variety of new responses based on models in other federal states and on conventions implementing international maintenance enforcement schemes. It examines the pros and cons of each and concludes that any one of them would be superior to the scheme now in force in Canada.

The Push For Parent Education: Blueprints For Helping Families Cope With Divorce, Andrew Schepard, Peter Salem, Stephen W. Schlissel

Hofstra Law Faculty Scholarship

Why are courts actively creating educational programs for separated and divorcing parents and children? The short answer is that they offer an extremely valuable service: information and perspective. They help parents and children normalize their experiences and begin to understand the emotional, social, and legal complexities of divorce and separation. The objective is not to resolve specific disputes, but to provide parents with information and an incentive to resolve conflicts collaboratively.

"Rights Of Custody" Under The Hague Convention, Martha Bailey

Brigham Young University Journal of Public Law

No abstract provided.

The Government's Role In The Support Of Children, Allen M. Parkman

Brigham Young University Journal of Public Law

No abstract provided.

Interstate Collection Of Child Support And Federalism: Why The States Have Authority And What They Need To Do To Keep It, Eric S. Lind

Brigham Young University Journal of Public Law

No abstract provided.

"Village People" Introduction To The Family Law Symposium On Parent And Child In North American Family Law, Lynn D. Wardle

Brigham Young University Journal of Public Law

No abstract provided.

Posthumous Conception: A Private Or Public Matter?, Laurence C. Nolan

Brigham Young University Journal of Public Law

No abstract provided.