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Full-Text Articles in Law

The Relevance Of Temporary Child Custody Orders To The Formation Of An Established Custodial Environment: A Model Statute For Uniform Application Under Michigan Law, Christine M. Drylie Jan 1990

The Relevance Of Temporary Child Custody Orders To The Formation Of An Established Custodial Environment: A Model Statute For Uniform Application Under Michigan Law, Christine M. Drylie

University of Michigan Journal of Law Reform

This Note presents a Model Statute that clearly indicates when a court may find that an established custodial environment has arisen out of a temporary custody order. The Model Statute thus clarifies when it is appropriate to apply the clear and convincing evidentiary standard to situations involving temporary child custody orders. Part I of this Note describes the court's use of temporary custody orders to determine whether an established custodial environment exists. Part II sets forth the Model Statute, which integrates current case law into statutory language designed specifically for temporary custody situations. Part II also analyzes each section of …


Child Welfare Legislation In India: Will Indian Children Benefit From The United Nations Convention On The Rights Of The Child, Shahana Dasgupta Jan 1990

Child Welfare Legislation In India: Will Indian Children Benefit From The United Nations Convention On The Rights Of The Child, Shahana Dasgupta

Michigan Journal of International Law

The subject of children's rights has been dealt with both directly and indirectly in a number of international legal instruments over the years. Initially, there were differences concerning the need for a Convention over and above the already existing legislation. Some countries felt that children should not be treated as a category set apart from other human beings and thereby be the object of a separate legal document. On the other hand, countries in favor of a Convention wanted to create a single legal instrument which would take into account children's requirements on a universal scale. They also saw the …