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Full-Text Articles in Law
Embry-Uh-Oh: An Alternative Approach To Frozen Embryo Disputes, Anna El-Zein
Embry-Uh-Oh: An Alternative Approach To Frozen Embryo Disputes, Anna El-Zein
Missouri Law Review
This Note addresses the general background of domestic and international case law and legislation surrounding embryonic disputes. It then examines recent case law developments; specifically, it discusses the only existing frozen embryo dispute in Missouri. Finally, we offer a suggested approach for courts to use when addressing these increasingly complex cases.
Robbing The Cradle: The Use Of Mediation In Parental Rights Termination With Evidence Of Drug Abuse By The Mother, M. Katherine Kerbs
Robbing The Cradle: The Use Of Mediation In Parental Rights Termination With Evidence Of Drug Abuse By The Mother, M. Katherine Kerbs
Journal of Dispute Resolution
This Comment will explore the use of mediation in termination of parental rights proceedings where there is evidence of drug abuse by the parents. First, this Comment will give an overview of termination proceedings and examine a specific statute’s guidelines for termination. Then, this Comment will provide an overview of mediation and its uses in family law. Finally, this Comment will argue for increased use of mediation in termination of parental rights cases where there is evidence of drug abuse by the mother.
Mediating A Family: The Use Of Mediation In The Formation And Enforcement Of Post-Adoption Contact Agreements, Sophie Mashburn
Mediating A Family: The Use Of Mediation In The Formation And Enforcement Of Post-Adoption Contact Agreements, Sophie Mashburn
Journal of Dispute Resolution
This comment will discuss how and why adoption law has evolved into a preference for open adoption, provide a brief history of post-adoption contact agreements, and discuss the current and best practices for utilizing post-adoption contact agreements. Finally, this comment will explore the use of mediation in various states to assist adoptive parents and birth parents in forming and maintaining an agreement they both accept and that furthers the best interests of the children being adopted. Using mediation to further the interests of children, adoptive couples, and birth parents is a positive trend in adoption law that should be encouraged …
“Throwing The Baby Out With The Bathwater”: Parenting Coordination And Pennsylvania’S Decisions To Eliminate Its Use, Sophie B. Mashburn
“Throwing The Baby Out With The Bathwater”: Parenting Coordination And Pennsylvania’S Decisions To Eliminate Its Use, Sophie B. Mashburn
Journal of Dispute Resolution
Parenting coordination is a relatively new ADR practice utilized by courts to assist in resolving high conflict divorce cases. Though considered controversial by some, it can also serve as an effective tool for divorced parents who struggle with regular co-parenting decisions. Parenting coordination is defined as: A child-focused alternative dispute resolution process in which a mental health or legal professional with mediation training and experience assists high conflict parents to implement their parenting plan by facilitating the resolution of their disputes in a timely manner, educating parents about children’s needs, and with prior approval of the parties and/or court, making …
Some Problems In Jurisdiction To Divorce, James L. Parks
Some Problems In Jurisdiction To Divorce, James L. Parks
University of Missouri Bulletin Law Series
The American Law Institute in its Restatement of the Conflict of Laws has codified the rules governing jurisdiction of a court to grant a divorce, where no personal jurisdiction of the defendant is obtained, as follows: "A state cannot exercise through its courts jurisdiction to dissolve the marriage of spouses of whom one is domiciled within the state and the other is domiciled outside the state, unless the spouse who is not domiciled in the state (a) has permitted the other spouse to acquire a separate home; or by his misconduct has ceased to have the right to object to …
Jurisdiction To Divorce, James L. Parks
Jurisdiction To Divorce, James L. Parks
University of Missouri Bulletin Law Series
It is generally conceded by American authority that a divorce granted by a court, when neither party to the marriage is domiciled within its jurisdiction, is invalid, and this is the rule even though the defendant submits himself to the court's action. This proposition is said necessarily to result "from the right of every nation or state to determine the status of its own domiciled citizens or subjects, without interference by [other] tribunals in a matter in which they have no concern." So long as the parties have a common domicile, the matter of jurisdiction to divorce is one of …
Domicile Of A Married Woman, The, James L. Parks
Domicile Of A Married Woman, The, James L. Parks
University of Missouri Bulletin Law Series
Originally the rule was that the domicile of a married woman was that of her husband. It made no difference what the actual facts were, a wife would not be heard to say that she had a separate domicile. This notion was largely due to the law's conception of a married couple as one person, which idea was based on a wife's duty to be with her husband, he in turn being bound to support her.
Some Aspects Of The Status Of Children In Missouri, Eldon R. James
Some Aspects Of The Status Of Children In Missouri, Eldon R. James
University of Missouri Bulletin Law Series
In two recent decisions of the Supreme Court of Missouri, Drake v. Milton Hospital Association and Lindsley v. Patterson, some of the problems arising in connection with the position of illegitimate and adopted children have been discussed. This study will deal with the various kinds of status of children in Missouri law, the condition under which each may come into existence, and the rights of inheritance which flow from each of them.