Family Law Commons^™

All Families Are Equal, But Do Some Matter More Than Others? How Gender, Poverty, And Domestic Violence Put Quebec's Family Law Reform To The Test, Suzanne Zaccour

Canadian Journal of Family Law

Who needs family law? While it is tempting to answer “everyone”, the stakes are not the same for all. I propose to evaluate family law rules in terms of how they address high-stakes situations—that is, the condition of vulnerable women. Thus, the test of good family law should be how well it deals with poverty and domestic violence, factors that directly constrain women’s ability to negotiate fair outcomes.

To explore this method, I take the example of a recent proposal, developed by Alain Roy’s reform committee (the “Comité consultatif sur le droit de la famille”), and regarding which the Quebec …

Hong Kong's Children Proceedings (Parental Responsibility) Bill: Comparative Family Law Reform And Multidisciplinary Collaboration, Katherine Lynch

Canadian Journal of Family Law

Many comprehensive reviews of family justice systems have been undertaken in common law jurisdictions over the past 20 years, all seeking to provide more meaningful affordable access to justice for families and children. Hong Kong is also under pressure to enact legislative reforms originally proposed in 2002-2005 which deal with children’s matters and more broadly, with family and matrimonial issues. Legislative reform was anticipated when the Government announced the long awaited Children’s Proceedings (Parental Responsibility) Bill (“Children’s Bill”) in 2015. After significant public consultation, however, the Government announced in 2018 that it would delay implementation of this draft legislation. Unfortunately, …

Front Matter

Canadian Journal of Family Law

No abstract provided.

Introduction To The Special Issue: Shifting Normativities, Régine Tremblay, Erez Aloni

Canadian Journal of Family Law

On May 9 and 10, 2019, we held an international and interdisciplinary conference entitled Shifting Normativities: Families, Feminisms, Laws—Celebrating the Work of Professor Susan B. Boyd. This event, cohosted by the Centre for Feminist Legal Studies and the Canadian Journal of Family Law, brought together to the Peter A. Allard School of Law at the University of British Columbia scholars from different countries and disciplines. It had three principal goals. First, celebrating the work of Professor Susan B. Boyd; second, producing cutting-edge scholarship in under-researched fields, namely, family studies and feminist theory; and third, creating new networks of …

Intent To Parent Is What Makes A Parent? A Comparative Analysis Of The Role Of Intent In Multi-Parenthood Recognition, Nola Cammu

Canadian Journal of Family Law

In most jurisdictions, the two-parent rule does not take into account the social reality of intentional multiple-parent families where more than two parents share parenting tasks from a child’s birth. Many cases show that children in non-traditional parenting constellations are emotionally attached to all parental figures and perceive them as true parents. Unfortunately, the law does not adequately acknowledge multiple parenting practices, and thus a discrepancy exists between the social and the legal reality of (often young) children in intentional plus-two-parent families. This article argues that the law should aim to rectify this discrepancy by legally accommodating multiple parenthood, preferably …

Divorce, Domicile, And The Constitution, Mark Strasser

Kentucky Law Journal

No abstract provided.

Searching The Legacy Of The Reformation For Lutheran Responses To Modern Family Law, Marie Failinger

Faculty Scholarship

This article builds upon historical work on changes in the law of marriage, divorce and the family after the Reformation, and describes how modern Lutheran theology, formed during the Reformation, evaluates modern trends in American family law. From the key Lutheran theological insight that God is creatively ordering human activity as a partner with human beings, the Lutheran tradition approaches issues such as no-fault divorce and same-sex marriage with both trust and challenge.

Restructuring Rebuttal Of The Marital Presumption For The Modern Era, Jessica Feinberg

Articles

The marital presumption of paternity, which arose from English common law, has served as a core component of the law governing parentage in the United States since the nation’s inception. Pursuant to the marital presumption, a husband is presumed to be the legal father of any child born to or conceived by his wife during the marriage. Historically, the marital presumption was extremely difficult to rebut, generally requiring proof of the husband’s non-access to his wife during the time of conception, the husband’s sterility or impotence, or adultery on the part of the wife. As these early grounds for rebuttal …

Representing The Child In Child Protective Proceedings: Toward A New Paradigm, Merril Sobie

Elisabeth Haub School of Law Faculty Publications

This article will attempt a new approach, one based on an analysis of the child's interests in a child protective proceeding. As will be discussed in Part 1, most interests are surprisingly overlooked or barely articulated in the representation debate. Part 2 will summarize the statutes and case law governing the role of the child's counsel in the child protective litigation continuum. The frequently lengthy process may range from initiation by a child protective agency to the achievement of family reunification or other permanency goal. For children, the continuum of sequential proceeding may span years or decades. Finally, Part 3 …

Bibliography Of The Writings (1976-2017) Of Robert Raphael, Joel Fishman

Law Faculty Publications

The following bibliography is based on the card catalogs of the Allegheny County and Jenkins Law Libraries as well as the collection located in the first library. Robert Raphael (1922-2019) was born in New York City, but spent his whole life in Pittsburgh, PA. He is known by his colleagues as the “father of divorce law” along with Albert Momjian in creating the Divorce Code of 1980.

Bibliography Of The Writings (1979-2019) Of Lynne Z. Gold-Bikin, Joel Fishman

Law Faculty Publications

Lynne Z. Gold-Bikin (1938-2019) was a major family law practitioner in Pennsylvania for the last 40 years. Members of the section paid tribute to her in the October 2018 issue of the Pennsylvania Family Lawyer as did Judge Daniel Clifford who gave a Memorial Minute published in the Spring 2019 issue of the Pennsylvania Family Lawyer from which the following is summarized.

Family Law, Anna K. Teller, Donald E. Teller Jr.

SMU Annual Texas Survey

No abstract provided.

Immigration, Adoption And Our National Identity, Shani M. King

UF Law Faculty Publications

In this Article, I tell the story of intercountry adoption. Our starting point is the beginning of the adoption process, with so-called “sending countries,” in which I explore the reasons that countries enter their children into the intercountry adoption market. We begin in the aftermath of World War II and continue until the present day. The story starts in Europe (specifically, in Germany, Greece, and Italy) and Japan. It then continues throughout the Korean War and the communist regime of Nicolae Ceauseacu, until present-day Russia and China. Next, I tell the story of receiving countries; I discuss the social, political, …

Equality, Equity, And Dignity, Nancy E. Dowd

UF Law Faculty Publications

In this Essay I explore the definition and scope of children’s equality. I argue that equality includes equity and dignity. The meaning of each of these concepts is critical in imagining a deep, rich vision of equality, and in constructing policies to achieve that vision. This definition of equality creates affirmative rights, demands action to resolve structural discrimination that creates and sustains hierarchies among children, and requires affirmative support for children’s developmental equality.

The View From Minnesota: How Early Neutral Evaluation Can Help In Family Cases, Kelly Browe Olson, Marty Swaden

Law Faculty Scholarship

No abstract provided.

2018 Survey Of Rhode Island Case Law

Roger Williams University Law Review

No abstract provided.

Introduction, June Carbone

Minnesota Journal of Law & Inequality

Introduction of articles published as a part of the North American Regional Meeting of the International Society of Family Law

The Constitutionalization Of Fatherhood, Dara Purvis

Faculty Scholarship

Beginning in the 1970s, the Supreme Court heard a series of challenges to family law statutes brought by unwed biological fathers, questioning the constitutionality of laws that treated unwed fathers differently than unwed mothers. The Court’s opinions created a starkly different constitutional status for unwed fathers than for unwed mothers, demanding additional actions and relationships before an unwed father was considered a constitutional father. Although state parentage statutes have progressed beyond their 1970s incarnations, the doctrine created in those family law cases continues to have impact far beyond family law. Transmission of citizenship in the context of immigration law and …

How Courts In Criminal Cases Respond To Childhood Trauma, Deborah W. Denno

Faculty Scholarship

Neurobiological and epidemiological research suggests that abuse and adverse events experienced as a child can increase an adult’s risk of brain dysfunction associated with disorders related to criminality and violence. Much of this research is predictive, based on psychological evaluations of children; few studies have focused on whether or how criminal proceedings against adult defendants consider indicators of childhood trauma. This Article analyzes a subset of criminal cases pulled from an 800-case database created as part of an original, large-scale, empirical research project known as the Neuroscience Study. The 266 relevant cases are assessed to determine the extent to which, …

Fundamentally Fair? A Critical Look At The Due Process Afforded Parents In Child Protection Proceedings Under Minnesota Law, Brooke Beskau Warg

Mitchell Hamline Law Review

No abstract provided.