Family Law Commons^™

Book Review: Transforming Law’S Family: The Legal Recognition Of Planned Lesbian Motherhood By Fiona Kelly, Shelley A.M. Gavigan

Canadian Journal of Family Law

No abstract provided.

Mothers Wishing To Relocate With Children: Actual And Perceived Reasons, Patrick Parkinson, Judy Cashmore, Judi Single

Canadian Journal of Family Law

Thirty-eight mothers in Australia who wanted to move with their children were interviewed about their reasons for wanting to relocate. Forty men, all of whom opposed the mother's move, were also interviewed about what they perceived the mother's reasons were. There were nine former couples in the study. Most women had more than one reason for wanting to relocate, and there were quite often disparate reasons. Women's reasons mainly focused on relationships with family or potential new partners. Conversely, men were more likely to perceive the real reasons as being related to financial issues, jobs, and lifestyle. The article explores …

“Putting The Child First”: A Necessary Step In The Recognition Of The Right To Identity, Michelle Giroux, Mariana De Lorenzi

Canadian Journal of Family Law

In recent years, the number of nations which have banned the anonymous character of gamete donations has increased, including nations that once strongly supported such a position. This shift in national legislative policy worldwide has aided a growing recognition of the right to know one's origins in international law and gives a wider effect to this fundamental right. In Canada, while there has been discussion about the importance of the right to know one's biological origins, this right has not been universally guaranteed through legislation, either to adoptees or to the donor-conceived. This article refers mostly to Québec legislation, but …

Schreyer V Schreyer: Should British Columbia Care?, Mark R. Slay

Canadian Journal of Family Law

No abstract provided.

Introducing The Next Class Of Bastard: An Assessment Of The Definitional Implications Of The Succession Law Reform Act For After-Born Children, Courtney Retter

Canadian Journal of Family Law

After-born children are anachronistic aberrations. Defying any commonsense notion of procreation, an after-born child is conceived after the death of its parent. While a remarkable feat for reproductive medical science, posthumously conceived children push the boundaries of existing laws, creating problems previous generations of lawmakers did not need to consider. This article examines the challenges posed by after-born children in the area of intestate succession law. More specifically, using the province of Ontario as a case study, this article argues that the definitions of "child" and "issue" in the Succession Law Reform Act ["SLRA"] subject after-born children to …

Donor Unknown: Assessing The Section 15 Rights Of Donor-Conceived Offspring, Vanessa Gruben, Daphne Gilbert

Canadian Journal of Family Law

No abstract provided.

Share The Wealth? Kerr V Baranow And The "Joint Family Venture", Jennifer Flood

Canadian Journal of Family Law

No abstract provided.

Three Lies And A Truth: Adjudicating Maternity In Surrogacy Disputes, Browne C. Lewis

Law Faculty Articles and Essays

Historically, courts were called on to answer the following question: What makes a man a legal father? Courts applied different presumptions to arrive at the answer. For example, if the case involved a married couple, the woman's husband was presumed to be the legal father.1 In situations involving an unmarried woman, the man who helped to conceive the child was the legal father. While paternity was being litigated, maternity was resolved-the woman who gave birth to the child was the child's legal mother. The phrase “momma's baby, papa's maybe” reflected society's attitude towards maternity. Since the woman who gave birth …

Transcript: Globalisation Of The Hague Children's Conventions With Emphasis On The Child Abduction Convention, William Duncan

Oklahoma Law Review

No abstract provided.

The Meaning Of "Habitual Residence" Under The Hague Convention On The Civil Aspects Of International Child Abduction And The Hague Convention On The Protection Of Children, Jeff Atkinson

Oklahoma Law Review

No abstract provided.

Memorandum: Accommodating The Uccjea And The 1996 Hague Convention, Robert G. Spector

Oklahoma Law Review

No abstract provided.

The Hague Convention On Child Abduction And Unilateral Relocations By Custodial Parents: A Perspective From The United States And Europe -- Abbott, Neulinger, Zarraga, Linda J. Silberman

Oklahoma Law Review

No abstract provided.

Global Child Welfare: The Challenges For Family Law, Ann Laquer Estin

Oklahoma Law Review

No abstract provided.

Exit Costs -- A New Paradign For The Treatment Of International Conflicts Over Matrimonial Property Regimes?, David S. Rosettenstein

Oklahoma Law Review

No abstract provided.

To Agree Or Not To Agree: Treatment Of Postnuptial Agreements Under Oklahoma Law, Stephen T. Gary

Oklahoma Law Review

No abstract provided.

'Til Death Do Us Part: Why Personal Jurisdiction Is Required To Issue Victim Protection Orders Against Nonresident Abusers, Bevan J. Graybill

Oklahoma Law Review

No abstract provided.

"Please Let Me Stay": Hearing The Voice Of The Child In Hague Abduction Cases, Linda Elrod

Oklahoma Law Review

No abstract provided.

Undermining Kulko At Home And Abroad, John J. Sampson

Oklahoma Law Review

No abstract provided.

The Family Court—A Short History, Merril Sobie

Elisabeth Haub School of Law Faculty Publications

The New York State Family Court was established in 1962. The framer's intent, which was largely achieved, was the formation of an omnibus tribunal capable of adjudicating every justiciable family related dispute. Accordingly, Family Court incorporated the former State Children's Courts, the domestic violence parts of the local criminal courts, and the paternity parts of the former Court of Special Sessions. In addition, Family Court was granted adoption and abandonment jurisdiction, concurrent child custody jurisdiction, and concurrent post-divorce modification and enforcement jurisdiction. This paper will outline the pre-Family Court history in synopsis form, and briefly describe the Court's post-1962 developments.

Domestic Violence And State Intervention In The American West And Australia, 1860-1930, Carolyn B. Ramsey

Indiana Law Journal

This Article calls into question stereotypical assumptions about the presumed lack of state intervention in the family and the patriarchal violence of Anglo- American frontier societies in the late nineteenth and early twentieth centuries. By analyzing previously unexamined cases of domestic assault and homicide in the American West and Australia, Professor Ramsey reveals a sustained (but largely ineffectual) effort to civilize men by punishing violence against women. Husbands in both the American West and Australia were routinely arrested or summoned to court for beating their wives in the late 1800s and early 1900s. Judges, police officers, journalists, and others expressed …

Child Protection Law And Procedure, Frank Vandervort

Book Chapters

Child protective proceedings involving non-Indian children are primarily governed by the Child Protection Law (CPL), MCL 722.621 et seq.; the Juvenile Code, MCL 712A.1 et seq.; and subchapter 3.900 of the Michigan Court Rules. Taken together, these sources of authority establish a comprehensive scheme for reporting cases of suspected abuse and neglect, investigating those reports, and responding, when necessary, with appropriate legal action. For child protective proceedings concerning Indian children, see chapter 25. While these statutes form the primary authority for handling child protection proceedings, practitioners must be aware that federal law, specifically Title IV-E of the Social Security Act, …

A Primer On The History And Proper Drafting Of Qualified Domestic-Relations Orders, Terrence Cain

Law Faculty Scholarship

The divorce rate in the United States is slightly more than one-half the marriage rate. Divorce is a fact of life in this country, and will likely be so for the foreseeable future. On August 23, 1984, the divorce lawyer’s job got more complicated when Congress created the Qualified Domestic Relations Order ("QDRO") as part of some significant amendments to ERISA. QDROs are necessary because before those 1984 ERISA amendments, a lot of divorced persons discovered that they could be deprived of their marital or community property interest in their former spouses' retirement plans. For most divorcing couples, the two …

State Power, Religion, And Women's Rights: A Comparative Analysis Of Family Law, Mala Htun, S. Laurel Weldon

Indiana Journal of Global Legal Studies

Examining cross-national variation in family law, we find that many countries have reformed to promote sex equality. Yet a significant group retains older laws that discriminate against women. These variations reflect the diverse institutional legacies of these societies, conforming closely-but not entirely-to inherited legal traditions: civil law, common law, and postsocialist countries are the most egalitarian, while countries applying religious law are the least. Yet change is possible, even in unlikely contexts. Political conjunctures that disarm religious, nationalist, and fundamentalist opponents can open windows of opportunity for liberalizing reform.

Human Rights and Legal Systems Across the Global South, Symposium, Indiana …

To The Orphaned, Dispossessed, And Illegitimate Children: Human Rights Beyond Republican And Liberal Traditions, Siba N. Grovogui

Indiana Journal of Global Legal Studies

After the Helsinki Accords, the collapse of the Soviet Union and its empire, and the collapse of states in Africa and elsewhere, many in the West have come to envisage the enforcement of human rights as a practical matter. Human rights are thus incorporated in normative regimes under the rubrics of either the rule of law or the responsibility to protect to be held against the purveyors of violence. I do not discount the normative underpinnings of the related stands taken today by states and transnational and national civil society organizations. I wish to insist on the futility of envisaging …

The Maria Da Penha Case And The Inter-American Commission On Human Rights: Contributions To The Debate On Domestic Violence Against Women In Brazil, Paula Spieler

Indiana Journal of Global Legal Studies

This article aims to demonstrate the contributions of the Maria da Penha case and the Inter-American Commission on Human Rights (IACHR) Report of 2001 to the debate on domestic violence against women in Brazil, with special emphasis to the adoption of the Maria da Penha Law. The IACHR was the first international human rights organ to bring to light the problem. Beside contributing to internal changes, this case has great relevance as it was the first one of domestic violence analyzed by the Inter-American Commission. It revealed the systematic pattern of violence against women in the country.

Human Rights and …

The Family Law Canon In A (Post?) Racial Era, Shani M. King

UF Law Faculty Publications

While the debate about a post-racial society rages, our justice system continues to operate in a way that is race-conscious. It seems as though most of the discussion about race and the justice system concerns criminal justice, juvenile justice, education, and immigration. But race consciousness also impacts family law. Nonetheless, the family law canon does not scrutinize race-based disparities in laws, procedures, and outcomes, and that omission feeds a mistaken notion of a race-blind or a post-racial society. One consequence of this omission is that it obscures race-based decision making by legislatures, judges, legal reform organizations, legal scholars, lawyers, and …

Fundamental Versus Deferential: Appellate Review Of Terminations Of Parental Rights, Karen A. Wyle

Indiana Law Journal

Any attorney who handles or follows cases involving termination of parental rights will have often read, “This court has long had a highly deferential standard of review in cases concerning the termination of parental rights.” This article addresses several questions that arise from that familiar language:

• Does the Indiana Court of Appeals in fact have a tradition or practice of highly deferential review of termination orders?
• Is this deference greater than the court accords to trial court decisions in other family law matters or in non-family civil appeals?
• If so, on what legal analysis is this special deference based?
• Is …

Preglimony, Shari Motro

Law Faculty Publications

Unmarried lovers who conceive are strangers in the eyes of the law. If the woman terminates the pregnancy, the man owes her nothing. If she takes the pregnancy to term, the man's obligation to support her is limited. The law reflects this lovers-as-strangers presumption by making a man's obligation towards a woman with whom he conceives derivative of his paternity-related obligations; his duty is towards his child, not towards the woman in her own right. Thus, a pregnant woman's lost wages and other personal costs are her private problem, and if there is no child at the end of the …

Therapeutic Jurisprudence And Child Protection, Shelley Kierstead

Barry Law Review

No abstract provided.

Use And Disposition Of Life Insurance In Dissolution Of Marriage, Jani Maurer

Barry Law Review

This article explores life insurance considerations in Florida dissolution of marriage proceedings, reviews current applicable law, and suggests methods of effectively dealing with life insurance in the divorce context.