Family Law Commons^™

Covid-19 And The "Virtual" School-To-Prison Pipeline, Victor M. Jones

Children's Legal Rights Journal

No abstract provided.

Children And Racial Injustice In The United States: A Selective Annotated Bibliography And Call To Action, Christina Cullen, Olivia Alden, Diana Arroyo, Andy Froelich, Meghan Kasner, Conor Kinney, Anique Aburaad, Rebecca Jacobs, Alexandra Spognardi, Alexandra Kuenzli

Children's Legal Rights Journal

No abstract provided.

Legal Concerns Of Grandparents Raising Grandchildren, Thelma Sanders-Hunder

Extension Publications

No abstract provided.

Using A Civil Designation As A Sword And A Shield In Domestic Violence Order Of Protection Hearings: Eviscerating The Constitutional Rights Of Criminal Defendants Charged With Domestic Battery In The State Of Illinois, 53 Uic J. Marshall L. Rev. 705 (2021), Elliott Borchardt

UIC Law Review

No abstract provided.

Compulsory Conjugality, Erez Aloni

Connecticut Law Review

What happens when the state changes the default rules that govern financial obligations between unmarried partners from opt in to opt out? Most states have an opt-in rule: unmarried partners do not take on financial obligations of one another unless they agree to do so with a contract. Nevertheless, advocates argue that an opt-out system puts the burden in the right place: unmarried couples who want to avoid default obligations should bear the burden of making contracts. A scholarly debate over the opt-in/opt-out model has raged for twenty years, but the issue is now coming to a head. Yet no …

Fraud Law And Misinfodemics, Wes Henricksen

Faculty Scholarship

No abstract provided.

Coercive Interventions In Pregnancy: Law And Ethics, Debra Debruin, Mary Faith Marshall

Journal of Health Care Law and Policy

No abstract provided.

Paper Courts And Parental Rights: Balancing Access, Agency, And Due Process, Tianna N. Gibbs

Scholarly Articles in Law Reviews & Journals

Across the country, state legislatures have created out-of-court, form-based processes that replace the adjudicative process in traditional courts. In the family law context, these out-of-court forms allocate fundamental parental rights, principally for unmarried and single parents, who disproportionately have low incomes and are people of color. In most states, instead of presenting their requests to a judge in a courtroom, parents can sign legal forms in a hospital room to establish paternity or at their kitchen table to assign their custodial rights to a third party. When a child is born to an unmarried mother, as 40% of children are, …

“Trapped” In A Public Health Emergency: How Abortion Restrictions During The Covid-19 Pandemic Mirror Earlier Attacks On The Abortion Right And How Judicial Review Failed To Protect It, Nancy L. Dordal

Maryland Law Review

No abstract provided.

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

Scholarly Articles

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 …

After Marriage Equality: Dual Fatherhood For Married Male Same-Sex Couples, Jessica Feinberg

Faculty Publications

In most states, married male same-sex couples who conceive children via gestational surrogacy using sperm from one member of the couple and donor ova must pursue adoption in order to establish legal parentage for the member of the couple who is not genetically related to the child. This is because only a minority of jurisdictions have surrogacy laws that recognize the non-biological intended parent as a legal parent in this situation, and across the United States cisgender male same-sex couples are excluded from the longstanding non-adoptive marriage-based avenues of establishing parentage currently available to both different-sex couples and female same-sex …

Duress In Immigration Law, Elizabeth A. Keyes

Seattle University Law Review

The doctrine of duress is common to other bodies of law, but the application of the duress doctrine is both unclear and highly unstable in immigration law. Outside of immigration law, a person who commits a criminal act out of well-placed fear of terrible consequences is different than a person who willingly commits a crime, but American immigration law does not recognize this difference. The lack of clarity leads to certain absurd results and demands reimagining, redefinition, and an unequivocal statement of the significance of duress in ascertaining culpability. While there are inevitably some difficult lines to be drawn in …

Kinship Care In Pennsylvania: Creating An Equitable System For Families, Heidi Redlich Epstein, Lucy Johnston-Walsh, Jennifer Pokempner, Kathleen Creamer, Karissa Phelps

Faculty Scholarly Works

Family connection provides one of the most important contributions to the development and identity of children. A child’s family connections help them grow and thrive, provide them identity and security, and are a critical link to culture and traditions.

When experiencing difficult times, family members can support each other in ways no one else can, with the shared goal of keeping the family intact and connected.

When a child’s life is disrupted, calling on the support of family is custom in most communities and can be a great source of comfort for both children and the family. This is especially …

Properties Of Intimacy, Emily J. Stolzenberg

Maryland Law Review

No abstract provided.

“Born Under My Heart”: Adoptive Parents’ Use Of Metaphors To Make Sense Of Their Past, Present, And Future, Lucas Hackenburg, Toni Morgan, Eve Brank

Center on Children, Families, and the Law: Faculty Publications

Metaphors provide the opportunity to make sense of our experiences and share them with others. The current research qualitatively examined interviews with adoptive parents who had adopted through intercountry or private adoptions. Throughout their interviews, each participant used at least one metaphor in describing their experiences of adopting and raising their child. Overarchingly, the metaphor of “Adoption is a journey” encapsulated parents’ experiences. To demonstrate the journey, parents used metaphors to describe the past, present, and future. Metaphors of the past focused on their child’s trauma and the origin of how the child came to join their family. Metaphors used …

Psychological Abuse Claims In Family Law Courts In Bc: Legal Applications And Gaps, Haya Sakakini

Canadian Journal of Family Law

This research paper investigates a particular form of family violence (“FV”) under the British Columbia Family Law Act (FLA): psychological abuse. The paper defines the scope and assessment of psychological abuse claims in family law courts (“courts”) in British Columbia since 2013. It identifies the shortcomings in addressing such claims and analyzes the multifaceted reasons behind the limitations and gaps which victims of psychological abuse face when bringing forward such claims.

The paper provides a brief background on FV and psychological abuse before moving on to identifying the various forms of psychological abuse accepted by courts in BC, …

The Children Parliament Left Behind: Examining The Inequity Of Funding In An Act Respecting First Nations, Inuit And Métis Children, Youth And Families, Rachel Garrett

Canadian Journal of Family Law

An Act respecting First Nations, Inuit and Métis children, youth and families (the Act) came into force in January of 2020, containing many innovative provisions aimed at affirming the jurisdiction of Indigenous peoples and providing services for Indigenous families. Ground- breaking provisions within the Act create a positive obligation on the government to provide services to Indigenous children who otherwise would have been apprehended due to their socioeconomic status. However, the Act lacks a concrete funding provision. This legislative comment conducts an exercise in statutory interpretation to conclude that the current omission of a funding provision within the legislation …

Children’S Place And Voice In Quebec’S Child Protection Proceedings, Mona Paré, Émilie De Bellefeuille

Canadian Journal of Family Law

This article explores children’s participation and their right to be heard in Quebec’s child protection proceedings. While children’s participation rights are well protected in international and domestic legal instruments, they have received little attention in relation to child protection. This article aims to fill a gap in the legal literature by reporting on the results of an empirical research project examining children’s participation in judicial child protection procedures in Quebec. The participation of judges, social workers, and children in this research sheds light on practice that is clearly inspired by the Quebec’s rights- advancing Youth Protection Act (YPA) …

Front Matter

Canadian Journal of Family Law

No abstract provided.

La Fragilisation Du Lien De Confiance Au Sein De L’Intervention Sociale En Protection De La Jeunesse : Peut-On Blâmer Le Droit ?, Marilyn Coupienne

Canadian Journal of Family Law

Dans le contexte de la protection de la jeunesse, la Loi sur la protection de la jeunesse (LPJ) édicte les pouvoirs et responsabilités des intervenantes sociales œuvrant à la Direction de la protection de la jeunesse (DPJ) et encadre la relation entre celles-ci et les familles. Cette loi octroie aux intervenantes un double mandat, qui implique à la fois celui de l’aide et celui du contrôle et de la surveillance. Selon la littérature relative aux pratiques sociales dans ce domaine, les familles suivies par la DPJ peuvent se sentir observées, traquées, dénuées d’intimité et considèrent difficile de laisser …