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Full-Text Articles in Law
Children’S Voices In Family Law Conflicts, Benedetta Faedi Duramy, Tali Gal
Children’S Voices In Family Law Conflicts, Benedetta Faedi Duramy, Tali Gal
Publications
Children are commonly recognized as separate human beings with individual views and wishes worthy of consideration. Their ability to freely express these views and wishes constitutes the concept of child participation, defined by Article 12 of the United Nations Convention on the Rights of the Child as the right of children capable of forming their own views to be able to express themselves freely in all matters affecting their lives. Children should particularly be provided with the opportunity to be heard in any judicial and administrative proceedings pertaining to them, either directly or through appropriate representatives, and with necessary precautions …
Must Judges Follow Children’S Wishes Over Their Custody?, Benedetta Faedi Duramy
Must Judges Follow Children’S Wishes Over Their Custody?, Benedetta Faedi Duramy
Publications
Across countries and jurisdictions, allowing children to voice their preferences in family disputes is beneficial for all parties involved. Judges find it useful to complement and corroborate facts and information of a case, parents learn how their children are coping with the current situation, and, finally, children end up being more satisfied with the process and adjusting better to the outcome. Giving children a say over their custody empowers them, fosters their sense of control, and contributes to their best interest. Those who are not invited to express their views, instead, become disappointed, frustrated and resentful.
California Putative Spouses: The Innocent, The Guilty, And The Law, Helen Y. Chang
California Putative Spouses: The Innocent, The Guilty, And The Law, Helen Y. Chang
Publications
This Article traces the historical roots of the putative spouse doctrine, its codification in California, its application in California, and recommends that California adopt a pure putative spouse system and simply include putative spouses as legal spouses for all purposes as it has done for registered domestic partners. To allow some but not all of the incidents of marriage to putative spouses is confusing, sometimes inequitable, and contrary to the expectations of the innocent spouse. California has a history of piecemeal legislation in family law without consideration of varying consequences and without regard to the historical purpose and policy of …