Open Access. Powered by Scholars. Published by Universities.®

Family Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

7,929 Full-Text Articles 6,053 Authors 9,618,907 Downloads 188 Institutions

All Articles in Family Law

Faceted Search

7,929 full-text articles. Page 180 of 199.

Enforcing A Parent/Child Relationship At All Cost?: Supervised Access Orders In The Canadian Courts, Fiona Kelly 2011 Osgoode Hall Law School of York University

Enforcing A Parent/Child Relationship At All Cost?: Supervised Access Orders In The Canadian Courts, Fiona Kelly

Osgoode Hall Law Journal

Supervised access has become a key component of Canadian custody and access decision making in recent years, in large part due to a shift in attitudes towards post-separation contact between non-custodial parents, typically fathers, and their children. While the sole criterion upon which an access decision can be made is the “best interests of the child,” the increased emphasis on ensuring that children have “maximum contact” with each of their parents post-separation, and the particular focus on maintaining paternal contact, has meant that orders for “no access” have almost disappeared. In an effort to unpack the themes underlying supervised access …


Amici Curiae Brief Of The Children And Youth Advocacy Clinic In Support Of Appellant. In Re The Dependency Of M.S.R. And T.S.R. V. Luak, No. 85729-6 (Wash. Sept. 16, 2011), Lisa Kelly 2011 University of Washington School of Law

Amici Curiae Brief Of The Children And Youth Advocacy Clinic In Support Of Appellant. In Re The Dependency Of M.S.R. And T.S.R. V. Luak, No. 85729-6 (Wash. Sept. 16, 2011), Lisa Kelly

Court Briefs

Attorneys in Washington have the resources and established standards to effectively represent children and youth in termination of parental rights ("TPR") proceedings. Children who face TPR proceedings need the type of advice and advocacy that only trained lawyers can provide. While parents, social workers, foster parents, therapists, and guardians ad litem may provide substantial support to dependent children, only lawyers can protect their legal rights in complex adversarial proceedings, especially when all of the other parties are represented by counsel. In the context of a confidential relationship with a lawyer, a dependent child can provide critical information and meaningfully participate …


In Re: Adoption Of A Minor Child Circuit Court Of The 15th Judicial Circuit Palm Beach County, Florida, Jennafer Neufeld, Dalia Georgi 2011 American University Washington College of Law

In Re: Adoption Of A Minor Child Circuit Court Of The 15th Judicial Circuit Palm Beach County, Florida, Jennafer Neufeld, Dalia Georgi

American University Journal of Gender, Social Policy & the Law

No abstract provided.


What Sex-Ed Didn't Teach You: Addressing The Inadequacies Of West Virginia Code Section 42-1-8 And The Future Of Posthumously Conceived Children, Andrew S. Felts 2011 West Virginia University College of Law

What Sex-Ed Didn't Teach You: Addressing The Inadequacies Of West Virginia Code Section 42-1-8 And The Future Of Posthumously Conceived Children, Andrew S. Felts

West Virginia Law Review

No abstract provided.


Summary Of Rennels V. Rennels, 127 Nev. Adv. Op. No. 49, Erin Elliot 2011 Nevada Law Journal

Summary Of Rennels V. Rennels, 127 Nev. Adv. Op. No. 49, Erin Elliot

Nevada Supreme Court Summaries

Appeal from a court order granting Respondent’s motion to terminate grandparent visitation with Respondent’s minor child.


Holding Schools Accountable For Their Sex-Ed Curricula, Rena M. Lindevaldsen 2011 Liberty University

Holding Schools Accountable For Their Sex-Ed Curricula, Rena M. Lindevaldsen

Faculty Publications and Presentations

This article examines the legal and policy implications that arise when a school district decides to instruct students on issues concerning same-sex attractions. As more states afford legal recognition to same-sex relationships and adopt non-discrimination codes that include sexual orientation, schools are faced with the decision of what, when, and how to teach children about same-sex attractions. Providing instruction on this divisive issue is fraught with conflict as views and beliefs on the topic are deeply-held, diverse, and often politically charged. In disputes concerning other sensitive topics, courts long have afforded schools broad discretion to implement curriculum without interference from …


How House Bill 2063 And The Expansion Of Access To Protective Orders Could Have Saved Yeardley Love's Life, Amy Weiss 2011 University of Richmond

How House Bill 2063 And The Expansion Of Access To Protective Orders Could Have Saved Yeardley Love's Life, Amy Weiss

Law Student Publications

This paper will examine Virginia protective order law before the enactment of House Bill 2063, how Yeardley Love’s death was a catalyst for reform of the law, how the law will change under House Bill 2063, and possible future developments in legislative reform that could further help victims of intimate partner violence.


Burke Triumphs Over Jefferson In New York Same-Sex Marriage Decision, Nathan B. Oman 2011 William & Mary Law School

Burke Triumphs Over Jefferson In New York Same-Sex Marriage Decision, Nathan B. Oman

Popular Media

No abstract provided.


To Lynch A Child: Bullying And Gender Nonconformity In Our Nation's Schools, Michael J. Higdon 2011 University of Tennessee College of Law

To Lynch A Child: Bullying And Gender Nonconformity In Our Nation's Schools, Michael J. Higdon

Indiana Law Journal

No abstract provided.


Modernizing Marriage, Adam Candeub, Mae Kuykendall 2011 Michigan State University College of Law

Modernizing Marriage, Adam Candeub, Mae Kuykendall

University of Michigan Journal of Law Reform

This Article proposes to modernize the archaic procedures states use to authorize marriages so as to provide legal flexibility, promote efficiency, and enhance individual choice. Almost universally, states require couples' presence within their borders, however briefly, for a ceremony. After considering the historical and policy rationales for this requirement and finding them either obsolete or incoherent, we propose that states offer marriages to those outside their borders. Such distance marriages could occur via video-conference, using the internet or even telephone, with readily available safeguards to prevent fraud. This simple reform would allow certain couples who cannot marry under local law …


Can You Really Be A Good Role Model To Your Child If You Can't Braid Her Hair? The Unconstitutionality Of Factoring Gender And Sexuality Into Custody Determinations, Christina M. Tenuta 2011 CUNY School of Law

Can You Really Be A Good Role Model To Your Child If You Can't Braid Her Hair? The Unconstitutionality Of Factoring Gender And Sexuality Into Custody Determinations, Christina M. Tenuta

City University of New York Law Review

No abstract provided.


A Short History Of Sex And Citizenship: The Historians' Amicus Brief In Flores-Villar V. United States, Kristin Collins 2011 Boston University School of Law

A Short History Of Sex And Citizenship: The Historians' Amicus Brief In Flores-Villar V. United States, Kristin Collins

Faculty Scholarship

The historians’ amicus brief that accompanies this essay was submitted to the Supreme Court in Flores-Villar v. United States, an equal protection challenge to federal statutes that regulate the citizenship status of foreign-born children of American parents. When the parents of such children are unmarried, federal law encumbers the ability of American fathers to secure citizenship for their children, while providing American mothers with a nearly unfettered ability to do the same. The general question before the Court in Flores-Villar – and a question that the Court has addressed in sum and substance on two other occasions during the last …


Referenda And The District Of Columbia's Human Rights Act: Voting On Same-Sex Marriage In The Nation's Capital, Jacob Stewart 2011 George Mason University

Referenda And The District Of Columbia's Human Rights Act: Voting On Same-Sex Marriage In The Nation's Capital, Jacob Stewart

Legislation and Policy Brief

Beginning with Massachusetts in 2003, the courts and legislatures of many states have had to decide whether same-sex marriage is or should be a fundamental right under their respective constitutions.  Although only five states and the District of Columbia legally perform same-sex marriages, a few other jurisdictions are in the process of proposing laws moving in that direction.  However, the vast majority of states are holding fast to the traditional heterosexual definition of marriage.  Thirty-eight states have adopted some sort of Defense of Marriage Act, constitutional amendment, or similar measure that defines marriage as the union between one man and …


Members Only: The Need For Reform In U.S. Intercountry Adoption Policy, Colin Joseph Troy 2011 Seattle University School of Law

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 …


Divorce And The Best Interest Of The Child: Disputes Over Visitation And The Japanese Family Courts, Takao Tanase, Matthew J. McCauley 2011 University of Washington School of Law

Divorce And The Best Interest Of The Child: Disputes Over Visitation And The Japanese Family Courts, Takao Tanase, Matthew J. Mccauley

Washington International Law Journal

The following is a translation of an article written by Professor Takao Tanase for the December 2009 edition of Jiyū to Seigi, a Japanese legal periodical. Divorce and familial breakdown has become a major problem in modern Japanese society, yet the law does not provide any meaningful protection for the noncustodial parent. Professor Tanase analyzes this issue from a comparative and theoretical perspective, looking at the current Japanese visitation laws in place today, while contrasting those with the system in the United States. He also looks at how those laws affect actual families, and how the courts have implemented …


Divorce And The Welfare Of The Child In Japan, Matthew J. McCauley 2011 University of Washington School of Law

Divorce And The Welfare Of The Child In Japan, Matthew J. Mccauley

Washington International Law Journal

Current Japanese legal institutions are ill-equipped to resolve the complicated issues surrounding visitation, custody, and divorce. Japanese views toward family and society have changed greatly since the post-World War II family law was enacted in the 1950s, but the law has not evolved accordingly. This is especially clear in the methods used to determine custody and visitation, as well as the kyōgi rikon, or divorce by mutual consent system. Policy makers and activists are both working to resolve this problem, but their ongoing struggle has yet to produce any tangible results. This comment argues that the Japanese legal system …


Cohabitation And The Restatement (Third) Of Restitution & Unjust Enrichment, Candace Saari Kovacic-Fleischer 2011 Washington and Lee University School of Law

Cohabitation And The Restatement (Third) Of Restitution & Unjust Enrichment, Candace Saari Kovacic-Fleischer

Washington and Lee Law Review

The Restatement (Third) of Restitution & Unjust Enrichment clarified and modernized a field that had become muddled since the publication of the Restatement (First) in 1937. One area of modernization relates to the changes in law towards women, particularly changes in law toward female cohabitants. Published in 2011, the Restatement (Third) added a new Section 28, which rejected the view that it would be immoral for one cohabitant to bring suit against the other, and relaxed the restriction on recovery in unjust enrichment for “gratuitous” contributions. This Article reviews societal and legal changes for women since 1937 and notes that, …


Shapiro: Palimony And The Estate Tax, Wendy G. Gerzog 2011 University of Baltimore School of Law

Shapiro: Palimony And The Estate Tax, Wendy G. Gerzog

All Faculty Scholarship

In Estate of Shapiro, the Ninth Circuit held that an individual had a valid palimony claim under Nevada state law. However, the issue was whether the decedent’s estate qualified for a deduction for that claim under federal estate tax law.


Doe V. Doe, Edna Arbel, Hanan Melcer, Uzi Vogelman 2011 Supreme Court of Israel

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 …


In Search Of Parity: Child Custody/Visitation And Child Support For Lesbian Couples Under “Companion” Cases Debra H. And In Re H.M., Jason C. Beekman 2011 Cornell Law School

In Search Of Parity: Child Custody/Visitation And Child Support For Lesbian Couples Under “Companion” Cases Debra H. And In Re H.M., Jason C. Beekman

Cornell Law School J.D. Student Research Papers

The United States is engaged in a national debate over whether to grant same-sex couples the rights and privileges of marriage. Supporters of marriage equality flood the media with images of jubilant same-sex couples simply wanting the chance to say their “I dos” and have the state formally recognize their shared love and commitment. The unfortunate reality is, however, that many homosexual relationships, like heterosexual relationships, dissolve. Marriage rights play as important a role at a relationship’s dissolution as they do at a relationship’s inception. This paper focuses on one such issue often left out of the public discourse over …


Digital Commons powered by bepress