Law Commons^™

Not Your Mother’S Marriage: Utilizing Intergenerational Trauma-Informed Divorce Mediation To Discourage Unhealthy Relational Cycles In Children Of Divorce, Abigail Davis

Pepperdine Dispute Resolution Law Journal

This article discusses how divorce mediators can discourage cycles of broken relationships and reduce a child’s likelihood of experiencing intergenerational trauma as a result of the dissolution of their parents’ marriage. Divorce mediators must become knowledgeable about the impact of intergenerational trauma and the most favorable mediation outcomes for the wellbeing of the children involved. This includes encouraging families into an optimal settlement, referring parties to important resources for proactive parenting, making necessary mental health referrals, and enhancing the lives of children experiencing divorce. A mediator well-equipped with a strong referral system and cross-disciplinary knowledge of social, emotional, and behavioral …

Supreme Court Overreach Through Broad Discretionary Consideration Of Ameliorative Measures In International Child Abduction, Lauren Mayell

Global Business Law Review

This Note provides a critical analysis of the United States Supreme Court's recent decision in Golan v. Saada--a case setting precedent in the area of international child abduction by biological parents. It argues that the Supreme Court oversteps the presiding law in the field through the use of discretionary ameliorative measures. These ameliorative measures do not show evidence of protecting children from grave risk, directly usurp underlying custody proceedings, and hinder expeditious procedures, all of which are required by law in international child abduction cases. Additionally, this Note compares the European Union's approach to ameliorate analysis. Lastly this Note …

It Is Time For Family Courts To Be More Aware Of Parental Mental Illness And Substance Abuse, Elaina Larson

Child and Family Law Journal

Since the COVID-19 pandemic and previous years, the mental health and substance abuse crises in Florida are growing at an unprecedented rate.¹ With substantive due process rights under the Fourteenth Amendment as a substantial roadblock, the Florida courts are reluctant to adequately address the mental health and substance abuse needs of individuals.² This issue is especially difficult in cases involving the termination of parental rights, leaving children in damaging environments with unfit parents suffering from severe mental illness and substance abuse.³ To prevent children from growing up under negative conditions and developing mental health problems as well, …

Actually, You Don’T Have To Show Your Work: The Arkansas Court Of Appeals Tells Trial Courts That When They Award Attorneys’ Fees In Domestic Relations Cases, They Need Not Explain The Basis For The Awards Or The Basis For The Amount Of The Awards, Terrence Cain

University of Arkansas at Little Rock Law Review

Arkansas follows the “American Rule,” which is that each litigant is responsible for his or her own attorneys’ fees unless a statute says otherwise. This rule is not without exceptions, however, and one such exception is the “domestic relations exception,” which says that Arkansas’s trial courts have the inherent authority to award attorneys’ fees in domestic relations cases. Between 2016 and 2021, the Arkansas Court of Appeals decided cases with attorneys’ fees awards ranging from $14,190 to $36,284.60, which one judge of that court remarked evidenced an ever-escalating amount of fee awards in domestic relations cases.

At one point, when …

In The Best Interests Of Whom?: An Analysis Of Judicial Bias In Custody Disputes Involving Transgender Children, Caden Pociask

Indiana Law Journal

Anti-transgender discrimination and bias loom large in many areas of our society, but perhaps one of the most concerning settings is within the four walls of a courtroom. Evidence suggests that judicial decision making in custody determinations involving transgender children are influenced by anti-transgender bias. In this Note, I examine the current best practice for treating transgender children, the affirmative model, and explore the legal landscape of custody cases involving parents who disagree on how to treat their transgender child. I then suggest a model of comprehensive judicial education reform to help eliminate antitransgender bias from family courts in the …

Conceiving Consistency: Giving Birth To A Uniform "Best Interests Of The Child" Standard, Victoria L. Pepe

Hofstra Law Review

The article address the lack of consistency surrounding the best interests of the child (BIOTC) standard as it has been used in child legal custody adversarial proceedings. It mentions lack of consistency surrounding the BIOTC standard as it has been used in child legal custody adversarial proceedings. It also mentions need to incorporate child welfare data from across the U.S., legal scholarship, and case law to determine which state factors or tests.

Divorcing Guns: How Family Law Could Change Parental Gun Ownership And Save Kids’ Lives, Marcia A. Zug

Washington and Lee Law Review Online

Guns are deadly. They are especially deadly for children yet, currently, parental gun ownership is not a major factor in custody disputes. This needs to change. Making irresponsible gun ownership a routine factor in custody cases could transform parental gun behavior. In other contexts, the potential loss of custody has proven to be an extremely strong deterrent. Moreover, unlike other proposed solutions to gun fatalities, this is a change that can be made right now. Making guns a part of custody disputes does not require the enactment of new legislation or even a judicial determination. By simply raising the issue …

You Are The Father! An Argument For Court-Ordered Prenatal Paternity Testing And Child Support In Tennessee, Michael Stooksbury

Lincoln Memorial University Law Review Archive

As long as the concept of monogamy has existed, humans have looked for ways to escape it. Children, a natural consequence of sexual activity, are often negatively affected by the lack of a supportive family structure in single-family households. To correct this, courts often order child support to be paid from one parent to another, usually through the State. This is why paternity determinations are an important court function. One aspect courts have neglected, however, is child support for expecting mothers during pregnancy. Prenatal child support for expecting mothers would help alleviate some of the prenatal costs and make the …

The Haunting Of Her House: How Virginia Law Punishes Women Who Become Mothers Through Rape, Jordan S. Miceli

Washington and Lee Law Review Online

If a rape victim becomes pregnant following the attack, she has three options: abort the pregnancy, place the child for adoption, or keep and raise the child. However, by requiring proof of conviction of rape to terminate the parental rights of the man who fathered that child through his rape, the Commonwealth of Virginia imposes a substantial burden on a victim weighing those options. To obtain a conviction under the current scheme, a victim, through her local prosecutor, has to prove to a jury that the accused committed the rape beyond a reasonable doubt. The Commonwealth requires proof of conviction …

We’Ll Protect You! Oh, Wait, But Not You. Or You, You, Or You: The Consequences Of The Court’S Major Undertaking In Department Of Homeland Security V. Thuraissigiam, Jae Lynn Huckaba

University of Miami Law Review

For centuries, the writ of habeas corpus has been used to test the legality of restraints on a person’s freedom. The Founders, recognizing the significance of the protection, incorporated the writ into the Suspension Clause of our Constitution. In the last century, the Supreme Court has repeatedly held that noncitizens may invoke the Suspension Clause. Courts, especially in the immigration context, also expanded the definition of “in custody” for the purpose of habeas corpus to included non-detained persons in removal proceedings. The Supreme Court has departed from such precedent and gave new meaning to habeas corpus in the immigration context—a …

Dematerialisasi Efek Bersifat Ekuitas Berupa Saham Di Pasar Modal, Rizki Kartika Maharani

"Dharmasisya” Jurnal Program Magister Hukum FHUI

PT Kustodian Sentral Efek Indonesia (KSEI) plans to implement full dematerialization of Equity Securities in the form of shares in the Capital Market as an effort to comply with the CPSS-IOSCO recommendation for a comprehensive dematerialization of Equity Securities in the Indonesian Capital Market. As stated in the Principles of Financial Market Institution (PFMI) principle 11 which states that “A CSD should maintain securities in an immobilized or dematerialized form for their transfer by book entry. Where appropriate, a CSD should provide incentives to immobilize or dematerialise securities”. With the full dematerialization of Securities in the form of shares, all …

Child Support And Joint Physical Custody, Raymond C. O'Brien

Catholic University Law Review

Child custody has evolved to the point where, at a minimum, states provide a mediated process by which parents may formulate parenting plans with court-appointed assistance. At a maximum state legislatures and courts increasingly consider joint physical custody awards. While joint physical custody safeguards the fundamental rights of parents, it nonetheless prompts practical concerns in awarding child support. Today, child support begins with state statutory guidelines, but the guidelines often fail to adequately address the economic consequences of two complete residences, one supported by a parent with fewer economic resources, and the fact that oftentimes the child drifts from one …

Concession Of Custody Between Algerian And Emirati Laws: Perspective In Light Of The Aims Of The Sharia, Badreddine Berrahlia

UAEU Law Journal

The paper treats the concession of the child custody in the Algerian and UAE Laws. It explores the application of the Standards of the best child interest and the legal nature of the custody right in Islamic, Algerian and UAE law.

The research trying to evaluate the case of; the Algerian Law, UAE Law and the legal practice in the both legal systems in the concession of the custody according to the application of the Maqased (aims) Shari'a.

Special Education No Man's Land, Adrián E. Alvarez

St. John's Law Review

(Excerpt)

Since 2014, unaccompanied immigrant children have migrated to the United States in staggering numbers. The vast majority come from the Northern Triangle countries of Central America—El Salvador, Guatemala, and Honduras—and many are fleeing some of the highest homicide rates in the world. Immigration lawyers have highlighted many problems with the federal regime that cares for these children before they are released to family members or other adults living in the United States while their immigration cases move forward. Yet there is one group of unaccompanied minors that is not even on the radar of many advocates: unaccompanied children with …

Who Gets The Pet In The Divorce? Examining A Standard For The New York Legislature To Adopt, Jared Sanders

Touro Law Review

No abstract provided.

Bundle Of Joy: Why Same-Sex Married Couples Have A Constitutional Right To Enter Into Gestational Surrogacy Agreements, Benjamin H. Berman

Touro Law Review

No abstract provided.

Our Criminal Justice System Is A Bear Trap, Frederick K. Brewington

Journal of Race, Gender, and Ethnicity

No abstract provided.

Unfit To Parent: American And Jewish Legal Perspectives, Michoel Zylberman, Karen K. Greenberg, Daniel Pollack

Touro Law Review

No abstract provided.

Tracie F. V. Francisco D., Kourtney Benton

Journal of Civil Law Studies

No abstract provided.

Expanding Third-Party Standing In Custody Actions: How The Opioid Crisis Has Impacted Lgbtq Parental Rights In Pennsylvania, Jill C. Gorman

Dickinson Law Review (2017-Present)

Declared a public health emergency by the federal government, the opioid crisis often places children in foster care when parents fatally succumb to their addictions. To unburden the foster care system and to accommodate family members who want to care for these children, Pennsylvania enacted Act No. 21 on July 3, 2018, to expand custody standing to include certain third parties. However, because the legislature has not expanded the legal definition of “parent,” Act No. 21 poses a threat to the legal rights of nonbiological LGBTQ parents.

This Comment begins by explaining how the opioid crisis motivated the Pennsylvania legislature …

Sex Offenders, Custody And Habeas, Wendy R. Calaway

St. John's Law Review

(Excerpt)

This Article focuses on habeas petitioners under a conviction from state court seeking federal habeas review. First, Part I will discuss the historical context of the writ of habeas corpus and the development of its purpose and scope. Part I also examines the current status of habeas corpus law, recent legislative efforts to limit its reach, and, specifically, the idea of custody as a prerequisite to habeas relief. Part II explores the evolution of the custody requirement both at the Supreme Court and in lower federal courts. In particular, this section looks at how the meaning of custody has …

Mcardle V. Mission Hospital, Inc., Phoenix Marino

NYLS Law Review

No abstract provided.

Habitual Residence V. Domicile: A Challenge Facing American Conflicts Of Laws, Mo Zhang

Maine Law Review

Habitual residence has now become an internationally accepted connecting factor in conflict of laws and is widely being used as an alternative to, or replacement of, domicile. This concept, however, remains remote to American conflict of laws. Although the use of habitual residence in the U.S. courts is mandated by the codification of the Hague Child Abduction Convention, there is still a lack of general acceptance in American conflict of law literature. The Article argues that habitual residence should be adopted as a conflict of law connecting factor in American conflict of laws, and it would be unwise for the …

Campbell V. Campbell: Requiring Adherence To The Correct Legal Standard In Child Custody Proceedings - The "Best Interest Of The Child", Lisa M. Fitzgibbon

Maine Law Review

Should a divorce court be permitted to consider evidence of a parent's misuse of legal process when rendering a child custody decree? In Campbell v. Campbell the Maine Superior Court concluded that Mrs. Campbell had sought an ex parte protection from abuse order against her husband in an effort to gain a tactical advantage in the custody proceeding—she did not need protection from abuse. The court then awarded Mr. Campbell custody of the children, on the basis of Mrs. Campbell's misuse of legal process. Yet, by focusing its attention upon one parent's conduct, the superior court deviated from what was …

The “Legal Stranger” And Parent: A Love Story?, Kellie Mahoney

Touro Law Review

No abstract provided.

Family Law, Allison Anna Tait

University of Richmond Law Review

Another year of family law activity in Virginia brought both new

legislation, which will likely have long-term impacts, as well as a

new set of judicial opinions that will bring changes to the Virginia

rules. The terrain covered in the legislation and opinions varies,

but it includes certain fixtures such as marriage and divorce requirements,

equitable distribution, spousal and child support, and

child custody. This brief overview addresses all these areas, beginning

with the legislative changes and then moving to the courts.

Improper Delegation Of Judicial Authority In Child Custody Cases: Finally Overturned, Dale Margolin Cecka

University of Richmond Law Review

No abstract provided.

The New Phoenix: Maine's Innovative Standards For Guardians Ad Litem, Dana E. Prescott

Maine Law Review

In a 2014 article in the Maine Law Review, the author reviewed the historical and legal foundations for guardian ad litem (GAL) appointments by judges on behalf of children in Maine. GALs are appointed to provide the court with investigative facts and recommendations concerning the best interest of a child. The implications and frustrations expressed during political and policy discussions reflect a broader national debate deeply rooted in the power of family law courts when child custody or abuse and neglect are alleged. Whether in the form of child protection or child custody litigation, the sheer volume and complexity of …

What Constitutes "Custody" Under Miranda?: An Examination Of Maine's Test As Applied In State V. Kittredge, Elizabeth L. Tull

Maine Law Review

In recent years, the Maine Supreme Judicial Court, sitting as the Law Court, has issued several opinions addressing whether a defendant’s statements are admissible when made to law enforcement in the absence of “Miranda warnings.” These cases have similar features: a defendant made a personally incriminating statement; raised an appeal arguing that Miranda warnings should have been, but were not, read to him or her; and the Court—in many cases—determined that the defendant was not technically in police custody, and thus there was no requirement to recite Miranda warnings to him or her. Miranda warnings are an important safeguard that …

Doing More For Children With Less: Multidisciplinary Representation Of Poor Children In Family Court And Probate Court, Robert N. Jacobs, Christina Riehl

Loyola of Los Angeles Law Review

Family court and probate court are Barmecide feasts for too many children, especially poor children with special needs. “Multidisciplinary representation” of children enables the courts to address needs and risks that cannot be resolved by fine-tuning a custody schedule, frequently at little or no additional cost to the taxpayers. Since most children cannot identify the salient issues in their cases and do not have standing in family court or probate court much less lawyers to represent them, it becomes the court’s responsibility in every case to identify the issues most relevant to children’s interests and decide whether multidisciplinary representation is …