Family Law Commons^™

“This Isn’T Justice”: Abused Women Navigate Family Law In Greater Vancouver, Wendy Chan, Rebecca Lennox

Canadian Journal of Family Law

With the implementation of the Family Law Act in 2013, the family legal system in British Columbia saw a series of progressive reforms. These include the recognition of emotional, psychological, and financial control as family violence, a new protection order process to replace the limited restraining orders formerly available to abuse victims, a mandate that courts consider how exposure to family violence impacts children, and minimum mandatory training standards for family dispute resolution professionals. While there has been a great deal of legal commentary on these new provisions, there is a paucity of scholarly research documenting the experiences of frontline …

Mediator Discretion In Cases Involving Intimate Partner Violence, Michaela Keet, Jeff Edgar

Canadian Journal of Family Law

Mediation is a centerpiece in the ‘agreement culture’ around family law litigation. It is recognized by the courts as offering inherent protections to deal with challenging cases such as those involving intimate partner violence. To learn more about how mediators invoke and view the process’s protections, we conducted a series of interviews with senior mediators, trainers, and policymakers in the field. This article synthesizes current views within the mediation field about how to identify and screen for IPV, and implications for process management. At the heart of these interviews was the theme of mediator discretion: mediators describe and value discretion …

The Intersection Of Child Protection And Family Law Systems In Cases Of Domestic Violence, Wanda Wiegers

Canadian Journal of Family Law

Both the child protection and the family law systems are intended to promote the best interests of children, and both can profoundly affect the relationships between children and their parents or caregivers. Over the past two decades, both systems have also accorded more weight in the assessment of best interests to how exposure to domestic violence can harm or place children at risk. However, these systems have evolved differently, are governed by different statutes, and are administered in different ways. Child protection proceedings purport to have primarily a protective function and invariably involve a public agency, while family law proceedings, …

Front Matter

Canadian Journal of Family Law

No abstract provided.

If More Mormons Attended University, Would Canada Be Okay With Polygamy? Unpacking Literatures Of Social Exclusion In Canada’S Continued Criminalization Of Polygamy, Maxime D. Matthew

Canadian Journal of Family Law

In 2011, the British Columbia Supreme Court (BCSC) held it was constitutional to criminalize polygamy, framing the issue as principally about harm. I argue the Reference re: Section 293 of the Criminal Code of Canada furthers a literature of social exclusion, reifying an oversimplified binary: polygamy is harmful, polyamory is moral. Using narrative theory, I explore how these mutually constituted opposites build off each other. Polygamist Mormons are often denied whiteness, seen as an unpatriotic and racialized Other. Mormon women are othered by their attire and, despite still falling under section 293, denied agency. In contrast, the court views …

La Violence Conjugale, Familiale Et Sexuelle Dans La Réforme Du Droit De La Famille Québécois : État Des Lieux Et Solutions, Suzanne Zaccour

Canadian Journal of Family Law

Le projet de loi n^o 2, adopté en juin 2022, a prévu quelques mesures pour améliorer la réponse du système judiciaire à la violence conjugale et familiale. Or, ces mesures sont insuffisantes. Cet article analyse les nouveaux changements législatifs et présente les transformations qui manquent toujours à l’appel pour une véritable protection des mères et des enfants victimes de violence. Les solutions proposées sont les suivantes :

1) Faciliter l’identification des violences conjugales et familiales en interdisant aux tribunaux de tirer des inférences négatives quant à la capacité parentale des mères qui rapportent une situation de violence et en …

Promoting Resilience For Children And Families With Adverse Childhood Experiences, Laken Albrink

Law Faculty Popular Media

No abstract provided.

Community Property And Conflict Of Laws: A Cacophony Of Cases, Karen Boxx

Articles

Justice Cardozo is reported to have said that "the average judge, when confronted by a problem in the conflict of laws, feels almost completely lost, and, like a drowning man, will grasp at a straw." Conflict of laws can be vexing, but the resolution of a controversy involving multiple states' marital property systems can quickly become impenetrable. This is in part due to the fundamental conceptual differences between community property and common law marital property paradigms, the inconsistencies in the use of similar terms in the different systems, and the significant differences among the laws of the community property states …

Contracts For Cohabitating Romantic Partners, Bailey D. Barnes

Faculty Publications

Marriage rates in the United States are at record lows; meanwhile, more couples are choosing to live together outside of marriage. Despite the changing landscape of romantic relationships, the law of nonmarriage has not kept pace. Rather than having a coherent, majority rule approach, the individual states have employed differing methods of providing for property distribution at the end of a long-term unmarried cohabitation. Unfortunately, absent the formal protections offered by marriage for both parties following a divorce, many cohabitants are at risk of suffering inequitable property distribution following the termination of a cohabitation. This Article proposes that states uniformly …

Eliminating Cash Bail In Washington State—Amending Criminal Rule 3.2, Simran Kaur

Seattle University Law Review

This Note discusses the following three parts. Part I provides an overview of the cash bail system, its history, and its contemporary use in Washington state. Part II presents the effects of bail on pretrial release, analyzing low-income and racial inequalities and the adverse impacts it can have on the accused. Part III focuses on solutions and alternatives to the cash bail system, using other states as case studies.

Promoting Corporate Diversity: The Uncertain Role Of Institutional Investors, Jill Fisch

Seattle University Law Review

Two developments are having an impact on corporate decisions. One is the increased engagement by institutional intermediaries and a shift in the focus of that engagement from corporate governance to environmental and social issues. The other is a heightened societal awareness of diversity, equity, and inclusion (DEI) issues, particularly the importance of diversity in corporate leadership. This Article considers the intersection between the two. It describes how institutional investors have focused their attention on increasing diversity in corporate leadership, the potential motivations for that focus, and the impact of that focus, to date. It highlights the tensions that result from …

America’S Hidden Citizens: The Untold Stories Of The Unconscionable Deportations Of Its International Adoptees, Halley Cody

Seattle University Law Review

This Note addresses how the U.S. should rectify the harms it has perpetrated on non-citizen adoptees by amending the current deportation statutes to prevent their deportation. Part I addresses the history of adoption in the U.S. and related effects on immigration law. Part II highlights the stories of Adam Crapser and Philip Clay, who were adopted by American families who failed to naturalize them as minors, and who were subsequently deported after they sustained criminal records. Part III examines the policy goals behind deportation as a consequence of criminal convictions, as well as remedies instituted to prevent unwarranted deportation and …

Inadequate Privacy: The Necessity Of Hipaa Reform In A Post-Dobbs World, Katherine Robertson

Seattle University Law Review

Part I of this Comment will provide an overview of HIPAA and the legal impacts of Dobbs. Part II will discuss the anticipatory response to the impacts of Dobbs on PHI by addressing the response from (1) the states, (2) the Biden Administration, and (3) the medical field. Part III will discuss the loopholes that exist in HIPAA and further address the potential impacts on individuals and the medical field if reform does not occur. Finally, Part IV will argue that the reform of HIPAA is the best avenue for protecting PHI related to reproductive healthcare.

Law Student’S Educational Experiences And Perceptions Of Legal Abuse, Kylie K. Mckittrick, Julie Olomi

Undergraduate Theses, Professional Papers, and Capstone Artifacts

Legal abuse is a form of abuse when an intimate partner uses the court system to further coerce and control their victim. When survivors attempt to keep themselves and their children safe by leaving their abusive partner by using the criminal-legal system, they may be at risk of further abuse, such as legal abuse. More and more research has shown that legal abuse can have severe consequences for survivors such as losing custody of their children, mental health issues like PTSD and depression, costly court cases over the years, and having to stay in contact with their abuser for the …

The Marriage Nullity Process In The Reform Of Pope Francis With Special Reference To The Processus Brevior (Book), Roberto Rosas, Yeshica Umaña

Faculty Articles

Marriage in the Church is considered the greatest symbol of mystical life and has been instituted by God, representing the sacrament of the spousal union of Christ with the Church. Multiple canons include the Church's requirements and regulations for marriage since its institution as a sacrament. The last marital reform was introduced in the 18th century by Pope Benedict XIV and remained as legal norm until Pope Francis announced the publication of a new reform for the annulment of marriages within the Church on August 15, 2015.

Despite reactions against maintaining strictness in favor of marriage, Pope Francis emphasized that …

A Game Theory View Of Family Law: Divorce Planning For A 500% "Family-Tax", Steven J. Willis

UF Law Faculty Publications

Divorces involve money, which can prompt fierce legal battles. These include family obligations for child support, alimony, and property division. Small income changes can have huge consequences. For example, a $1,000 income increase can result in $5,000 of increased family obligations. A $10,000 increase can produce $50,000 of obligations. Or a $10,000 decrease can result in $50,000 of reduced obligations.

Universal Forms Of Influence: Support For Women On Boards, Cindy A. Schipani, Paula J. Caproni

Seattle University Law Review

There are various efforts underway to increase gender diversity on corporate boards, including legislation in California, a recent SEC approved comply or explain rule for companies listed on the Nasdaq stock exchange, and efforts by institutional investors such as State Street and BlackRock to recognize the value diversity brings to corporate decisionmaking. Although some of these efforts are being contested in the courts, many companies have begun to comply with these initiatives.

This Article is organized as follows. Part I provides an overview of several efforts to increase gender diversity on boards along with numerous research studies showcasing the benefits …

“Statistics Are Human Beings With The Tears Wiped Away”: Utilizing Data To Develop Strategies To Reduce The Number Of Native Americans Who Go Missing, Lori Mcpherson, Sarah Blazucki

Seattle University Law Review

On New Year’s Eve night, 2019, sixteen-year-old Selena Shelley Faye Not Afraid attended a party in Billings, Montana, about fifty miles west of her home in Hardin, Montana, near the Crow Reservation. A junior at the local high school, she was active in her community. The party carried over until the next day, and she caught a ride back toward home with friends in a van the following afternoon. When the van stopped at an interstate rest stop, Selena got out but never made it back to the van. The friends reported her missing to the police and indicated they …

The History Of The Pennsylvania Rules Of Domestic Relations, Pennsylvania Rules Of Civil Procedure §§1900- 1959 (1980-2022), Joel Fishman, Hailey E. Maurer

Law Faculty Publications

The adoption of the Pennsylvania Divorce Code on April 2, 1980, P.L. 63, Act 1980-26 was the second major change of the Divorce Law since 1785. “The Divorce Law,” May 2, 1929 P.L. 1237, 23 P.S. § 63 authorized local rules. The new 1980 act created three major features not found in the earlier act: no-fault divorce, alimony, and equitable distribution of property. For an early discussion of the new Code, see Lynne Z. Gold-Bikin and Jack A. Rounick, The New Pennsylvania Divorce Code, 25 Vill. L. Rev. 617 (1980), at https://digitalcommons.law.villanova.edu/vlr/ vol25/iss4/2. The results of the statutory law resulted …

Singing In The Key Of Dobbs: Historical Inquiries Into The Institutionalization Of Support For Families And Children, Sacha M. Coupet

Faculty Publications & Other Works

No abstract provided.

Perpetrators Or Victims? The U.S. Response To The Forced Criminality Of Children, Katherine Kaufka Walts, Meghan Scholnick, Joanne Curley

Faculty Publications & Other Works

No abstract provided.

A Little Knowledge Is A Dangerous Thing: Custody Evaluators And The Pop Psychology Of “Parental Alienation” In The California Family Law Courts, Carrie Leonetti

University of San Francisco Law Review

No abstract provided.

The Empty Promise Of The Fourth Amendment In The Family Regulation System, Anna Arons

Faculty Publications

Each year, state agents search the homes of hundreds of thousands of families across the United States under the auspices of the family regulation system. Through these searches—required elements of investigations into allegations of child maltreatment in virtually every jurisdiction—state agents invade the home, the most protected space in Fourth Amendment jurisprudence. Accordingly, federal courts agree that the Fourth Amendment’s warrant requirement applies to family regulation home searches. But almost universally, the abstract recognition of Fourth Amendment protections runs up against a concrete expectation on the ground that state actors should have easy and expansive access to families’ homes. Legislatures …

Four Essential Tips For New Attorneys Working With Children And Families, Jennifer Baum

Faculty Publications

(Excerpt)

Congratulations! You’ve started your first legal job working with children and families. Perhaps you work for an institutional provider of legal services for children or as a prosecutor of dependency cases, or perhaps you are defending such cases on behalf of parents and guardians. Or maybe you are in private practice, and this is your first pro bono experience working on a family, immigration, or juvenile court matter. Whatever your role, your job is the same: to represent your client and seek as favorable an outcome as possible.

But you are new, or new to this area of the …

Domestic Violence, Precarious Immigration Status, And The Complex Interplay Of Family Law And Immigration Law, Janet Mosher

Articles & Book Chapters

Survivors of domestic violence must frequently navigate multiple legal processes, as well as the various administrative systems that provide crucial supports and resources. For women with precarious immigration status, navigation is made all the more challenging not only because immigration and/or refugee law processes are added to the array of legal domains to be navigated, but because their access to supports and resources is both restrictive and in flux, shifting along with the changes in their immigration status.

Drawing from interviews with experienced lawyers and case law searches, I explore many of the intersections between family law and immigration law …

Nestlé V. Doe: A Death Knell To Corporate Human Rights Accountability?, Phillip Ayers

Seattle University Law Review

The Supreme Court in Nestlé v. Doe held that foreign plaintiffs who claimed to be victims of overseas tortious conduct by corporate defendants had no jurisdiction to sue in federal courts using the Alien Tort Statute. This Comment looks at the history of the Alien Tort Statute, from its inspiration, long dormancy, and recent reinvigoration beginning in the 1980s. The Comment then explores the background of Nestlé and its issues with child slavery in its cocoa supply chain. From there, the Comment analyzes the Nestlé v. Doe decision, and posits an alternative outcome. Finally, this Comment looks for a new …

Mezini V. Mezini, 268 A.3d 1171 (R.I. 2022), Maya Maldonado-Weinstein

Roger Williams University Law Review

No abstract provided.

The Rise And Fall Of A Reproductive Right: Dobbs V. Jackson Women’S Health Organization, Carol Sanger

Faculty Scholarship

Although the phrase “Post-Roe Era” is still used by those who want to underscore the loss wrought last June by Dobbs v. Jackson Women’s Health Organization, it is only a matter of time before the present state of reproductive constitutionalism solidifies into the more authoritarian “Dobbs Era.” In these early days of transition, states are still figuring out what they want the legal status of abortion to be, ever since Dobbs overruled both Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey, thus tossing the issue of abortion’s legality back to the states for …

Family Law For The One-Hundred-Year Life, Naomi Cahn, Clare Huntington, Elizabeth S. Scott

Faculty Scholarship

Family law is for young people. To facilitate child rearing and help spouses pool resources over a lifetime, the law obligates parents to minor children and spouses to each other. Family law’s presumption of young, financially interdependent, conjugal couples raising children privileges one family form — marriage — and centers the dependency needs of children.

This age myopia fundamentally fails older adults. Families are essential to flourishing in the last third of life, but the legal system offers neither the family forms many older adults want nor the support of family care older adults need. Racial and economic inequities, accumulated …

Pragmatic Family Law, Clare Huntington

Faculty Scholarship

Family law is a central battleground for a polarized America, with seemingly endless conflict over abortion, parental control of school curricula, gender-affirming health care for children, and similar flash points. This is hardly surprising for an area of law that implicates fundamental concerns about equality, bodily autonomy, sexual liberty, gender norms, parenting, and religion. Polarization poses significant risks to children and families, but centering contestation obscures another important reality. In many areas of doctrine and policy, family law has managed to avoid polarization, even for politically and socially combustible issues. Instead, states are converging on similar rules and policies, working …