Family Law Commons^™

National Report: United Kingdom, Kenneth Mck. Norrie

American University Journal of Gender, Social Policy & the Law

No abstract provided.

National Report: Turkey, Başak Başoğlu, Candan Yasan

American University Journal of Gender, Social Policy & the Law

No abstract provided.

National Report: Switzerland, Annelot Peters

American University Journal of Gender, Social Policy & the Law

No abstract provided.

National Report: Spain, Carlos Martínez De Aguirre Aldaz, Pedro De Pablo Contreras

American University Journal of Gender, Social Policy & the Law

No abstract provided.

National Report: The Republic Of South Africa, François Du Toit

American University Journal of Gender, Social Policy & the Law

No abstract provided.

National Report: Norway , Torstein Frantzen

American University Journal of Gender, Social Policy & the Law

No abstract provided.

National Report: New Zealand, Kenneth Mck. Norrie

American University Journal of Gender, Social Policy & the Law

No abstract provided.

National Report: Japan, Teiko Tamaki

American University Journal of Gender, Social Policy & the Law

No abstract provided.

National Report: Ireland, Aisling Parkes

American University Journal of Gender, Social Policy & the Law

No abstract provided.

National Report: Italy, Virginia Zambrano

American University Journal of Gender, Social Policy & the Law

No abstract provided.

National Report: Hungary, Zsolt Körtvélyesi, András L. Pap

American University Journal of Gender, Social Policy & the Law

No abstract provided.

National Report: Greece, Alexander G. Fessas

American University Journal of Gender, Social Policy & the Law

No abstract provided.

National Report: Germany, Jens M. Scherpe

American University Journal of Gender, Social Policy & the Law

No abstract provided.

National Report: France, Hugues Fulchiron

American University Journal of Gender, Social Policy & the Law

No abstract provided.

National Report: Denmark, Christina G. Jeppesen De Boer, Annette Kronborg

American University Journal of Gender, Social Policy & the Law

No abstract provided.

National Report: Colombia, Universidad De Los Andes Public Interest Law Group

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Culture In International Parental Kidnapping Mediations, Melissa A. Kucinski

Pepperdine Dispute Resolution Law Journal

Mediating an international parental kidnapping case involves much more than knowing some family law-it involves complex emotions, strict time constraints, multiple nations' laws and policies, intricate international treaties, juggling interpreters, attorneys, government officials, judges, and parents who may be physically located thousands of miles apart, and the blunt reality that you may have no understanding of either parent's cultural customs or the way each will communicate with the other parent or with you. While the "culture" part of the mediation may appear to be the least significant element, it could be key to the success of the mediation. Nonetheless, "culture" …

Creating New Stories, Creating New Lives: Applying Narrative Therapy To Survivors Of Human Sex Trafficking, Paige Espinosa

McNair Poster Presentations

The effects of trauma experienced by survivors of sexual human trafficking has been an under-researched topic in the psycho­logical community. This study will review the current literature on the psychological and emotional implications associated with human sex trafficking, and analyze the components of narrative therapy and its previous application in treating domestic abuse trauma. This paper will explore the viability of narrative therapy as a method to treat the complicated traumas and stress developed as a victim of sexual trafficking. The ultimate goal of this literature analysis is to propose a study that utilizes narrative therapy as an approach that …

Unsex Mothering: Toward A New Culture Of Parenting, Darren Rosenblum

Elisabeth Haub School of Law Faculty Publications

In this Article, I observe that “mothering” and “fathering” have been inappropriately tethered to biosex. “Mothering” should be unsexed as the primary parental relationship. “Fathering,” correspondingly, should be unsexed from its breadwinner status. In an ideal world, people now considered “mothers” and “fathers” would be “parents” first, a category that includes all forms of caretaking. One could even imagine an androgynous world in which parenting has no sexed subcategories, whether attached to biosex or not. I doubt our world is anywhere near that; I also wonder whether universal androgyny is a utopian ideal worth pursuing. I instead focus in this …

Transnational Adoption And European Immigration Politics: Producing The National Body In Sweden, Barbara Yngvesson

Indiana Journal of Global Legal Studies

This article explores the role of transnational adoption in the production of a multicultural but Swedish national body during the second half of the twentieth and the first decade of the twenty-first century, when Sweden became a multiethnic, multicultural, and racially divided country. I examine the development of international adoption policies in the 1970s, 1980s, and 1990s, emphasizing the erasure of the child's connection to a preadoptive past, even as the child's cultural difference was celebrated in adopting nations. In Sweden, which in the late 1970s and early 1980s had the world's highest adoption ratio (number of transnational adoptions per …

Of Wife And The Domestic Servant In The Arab World, Lama Abu-Odeh

Georgetown Law Faculty Publications and Other Works

The author asserts to avoid common misunderstandings on the relevance of Sharia to modern women in the Arab World that a) Shari’s relevance to the lives of modern women in the Arab World has been largely confined to the area of family law, b) in the modern nation state Sharia has been codified, i.e., certain rules derived from Islamic jurisprudence on the family have been selected and passed as laws, each nation state having its own unique combination of such rules, c) the courts and the judges who adjudicate disputes on family law are either secular courts/judges, or judges trained …

Citizenship And Marriage In A Globalizing World: Multicultural Families And Monocultural Nationality Laws In Korea And Japan, Erin Aeran Chung, Daisy Kim

Indiana Journal of Global Legal Studies

This Article analyzes how individual and local attempts to address low fertility rates in Korea and Japan have prompted unprecedented reforms in monocultural nationality laws. Korea and Japan confront rapidly declining working-age population projections; yet, they have prohibited the immigration of unskilled workers, until recently in Korea's case, on the claim that their admission would threaten social cohesion. Over the past two decades, both countries have made only incremental reforms to their immigration policies that fall short of alleviating labor shortages and the fiscal burdens of maintaining a large elderly population. Instead, prompted by the growth of so-called multicultural families …

Adjudicating The Intersection Of Marital Immigration, Domestic Violence, And Spousal Murder: China-Taiwan Marriages And Competing Legal Domains, Sara L. Friedman

Indiana Journal of Global Legal Studies

Cross-border marriages and other forms of family reunification dominate officially recognized migratory flows around the world today, and they offer the most widely recognized path to naturalized citizenship in destination countries. At the same time, however, transnational marriages may also rest on shaky foundations precisely because immigrant spouses depend on their citizen partner for legal status. When marriages fail due to domestic violence, they expose the incompatibility of different legal domains organized around domestic violence prevention and immigration regulation. This Article examines the legal conflicts that emerged in response to a recent case in Taiwan involving an immigrant wife from …

Members Only: The Need For Reform In U.S. Intercountry Adoption Policy, Colin Joseph Troy

Seattle University Law Review

In the last five years, Americans have adopted nearly seventy thousand children from foreign countries. The trend of intercountry adoption, “the process by which a married couple or single individual of one country adopts a child from another country,” is representative of the new globalized world, where families are formed and dissolved beyond the bounds of national borders. Although intercountry adoption has enabled many adoptive parents to form loving families and provide caring living environments for countless children, intercountry adoption is not without its share of problems. Corruption and abuse, such as child trafficking, have in many cases marred the …

Doe V. Doe, Edna Arbel, Hanan Melcer, Uzi Vogelman

Translated Opinions

This is an application for leave to appeal the decision of the Nazareth District Court, which rejected by a majority the applicant’s appeal challenging the decision of the Nazareth Family Court. The Family Court ordered the return of the applicant’s and the respondent’s daughter to New Jersey, in the United States, under the Hague Convention Act (Returning Abducted Children), subject to amendments it set in the conditions to returning the daughter. The District Court’s majority held that there was no place to intervene in the factual findings made by the family court, both in regard to the abduction act and …

Domestic Violence In The United States: A Preliminary Report Prepared For Rashida Manjoo, U.N. Special Rapporteur On Violence Against Women, Brenda V. Smith, Caroline Bettinger-Lopez, Farrah Elchahal, Miraisy Rodriguez, Monika Siwiec, Christina Brandt-Young, Kirsten Carlson, Gabrielle Davis, Margaret Drew, Rebecca Landy, Adam Dubin, Rachel Natelson, Sandra Park, Ana Romes, Jessica Rubenstein, Cynthia Soohoo, Cheryl Thomas, Sandra Jezierski, Casey R. Schultz

Research Reports & White Papers

Domestic violence is a distinctive and complex type of violence. The intimate relationship between the victim and the perpetrator is historically construed as private and therefore beyond the reach of law. The often hidden site of the violence buttresses this conceptualization. The victim is often financially dependent on her abuser, and other economic and familial factors complicate the victim’s response to abuse. Moreover, women who complain of domestic violence frequently face intimidation, retaliation, and stigmatization, and thus incidents of domestic violence are notoriously under-reported and under-prosecuted throughout the world, including the United States.

Any meaningful analysis of the nature and …

Resolving Conflicts Of Constitution: Inside The Dominican Republic's Constitutional Ban On Abortion, Mia So

Indiana Law Journal

No abstract provided.

International Child Abduction And Children's Rights: Two Means To The Same End, Eran Sthoeger

Michigan Journal of International Law

The Hague Convention aims to deter future abductors and demonstrate mutual respect for the laws of its member states, while presumably serving the best interests of the child. It operates as a jurisdictional mechanism by reinstating the status quo prior to the removal through the prompt return of the child to his or her place of habitual residence. This return, as clearly stated in the Hague Convention itself, bears no effect on the merits of any existing or future custody dispute between the parents. The Hague Convention demands that contracting states respect past or future decisions pertaining to custody decided …

The Last Rights: Controversial Ne Exeat Clause Grants Custodial Power Under Abbott V. Abbott, Danielle L. Brewer

Mercer Law Review

The weight to be assigned to the laws and practices of foreign legal systems in the analysis of international agreements and domestic statutory disputes has long been a topic of debate in the legislative, executive, and judicial branches of the United States government. On one side of the argument, traditional scholars contend that, as a sovereign, the United States should make decisions based solely on the best interests of its citizens, regardless of the detriment imposed on the international community by such practices. Conversely, as a modern approach, the cosmopolitan view of international systems' depicts the United States as just …

The "Right" To Be Trafficked, Charles Piot

Indiana Journal of Global Legal Studies

The post-Cold War dispensation in Togo, West Africa, ushered in a new lexicon of politically salient terms, among them droits de 1'homme. Initially deployed in the early 1990s by members of the political opposition to expose dictatorial abuse, this potent signifier then found its way into society at large and, spurred by NGO support, was taken up by women's groups in struggles over gender inequality. This essay explores droits de l'homme's itinerary in the villages of northern Togo where teenage children embraced the term in proclaiming their freedom from parental control. Ironically, the same children now leave their villages to …