Family Court Review最新文献

The enactment of Federal Decree Law No. 17 of 2023 amended the law on surrogacy in the United Arab Emirates (UAE). Those living in the UAE now have the option and flexibility to embark on their surrogacy journey. The removal of a prior ban on surrogacy reflects the cultural development and modernization of a predominantly Muslim country that is largely governed by Islamic law. This note explores the surrogacy framework in the UAE, focusing primarily on Dubai, and proposes local legislation to provide protection and prevent the exploitation of Emirati surrogate women throughout the entire process.

The concept of “eldering” frames aging as an evolving, relational facet within families applicable to diverse legal and cultural contexts. By broadening our professional lenses, we can more effectively respond to the complex, layered interdependent intricacies of families, and the needs of the individuals within, as they evolve through time. This article incorporates valuable insights from this Family Court Review Special Issue and offers a guide for professionals and the court to bridge the gaps between outdated norms and lived realities of family systems, benefitting multigenerations, practitioners, and the court.

Grandparents can play a variety of roles in the lives of their grandchildren, ranging from occasional visitor to full-time caregiver, representing a stabilizing force or a source of conflict. Grandparents' level of engagement varies according to cultural norms, familial need for support, and legal determinations. Research suggests that children benefit from the presence of supportive and involved grandparents and perhaps lose out on opportunities for social capital when grandparents are absent from their lives. This article discusses the roles and relationships between grandparents and grandchildren, highlights the impact of those relationships on both, and outlines various legal implications for understanding grandparenting within the context of family law cases.

This article explores how interdisciplinary family law professionals can use narrative ethics to elevate the voice of older adults and benefit multiple generations of family members. Narrative Ethics is the study of the way in which an individual tells us a story and the way in which we listen to that story. We offer a hypothetical older adult's story as we consider the application of narrative ethics to the story and discuss relevant professional ethical codes and standards for various professions. We then reflect on the practical application of narrative ethics and ethical obligations in our professional lives.

Demographic trends manifest in family law cases, and this article examines the demographic factor of age. Beyond metaphors of a “graying society,” population aging affects family structures, caregiving responsibilities, and legal disputes. Through a U.S. perspective with comparative insights, this article highlights how aging intersects with custody, divorce, domestic violence, multigenerational interdependencies and responsibilities, and family conflict dynamics. Case studies illustrate why age-inclusive approaches and multigenerational perspectives on family cases can facilitate dispute resolution. We also extend attention to the aging of family law professionals as we increasingly work in multigenerational spaces with potentially difficult conversations around capacity and retirement.

Despite receiving major reform in the form of Article 81, there is a great need for continued improvement of guardianship proceedings. People suffering from neurodegenerative diseases are particularly susceptible to financial abuse. The current guardianship system requires enhancements to ensure that incapacitated adults are not being taken advantage of through their reliance on the assistance provided by Article 81. The proposed reform will institute a system similar to that employed by the Integrated Domestic Violence Courts in Family Court.

Sexual dysfunction in young people is on the rise. This trend has dramatic implications for key state interests, including fertility rates, economic growth, and overall well-being. The serious consequences associated with poor sexual health in childbearing-age citizens call for creative solutions. One such solution is Surrogate Partner Therapy (“SPT”), a highly effective form of treatment for people suffering from severe cases of psychogenic sexual dysfunction. SPT establishes a triadic relationship among the patient, a licensed mental health professional, and a trained surrogate partner who may use intimate contact to instill patients with the skills necessary to form healthy connections. However, because its unorthodox methods likely violate state anti-prostitution laws, SPT is rarely utilized. This article argues that, given SPT's promising potential to address the rise of psychosexual ailments in young people, state governments should create a limited medical exception to their prohibitions on prostitution.

This article examines how separated parents establish boundaries between their respective households when sharing physical custody of their children. Framed through the metaphor of an archipelago, each parental home is conceptualized as an ‘island’, capturing how children navigate life across two distinct yet interconnected households. Drawing on interviews with 21 Belgian children (aged 10–16) from 17 families, we propose a typology of five parental ‘islands’: (a) ‘fortress island’; (b) ‘cocoon island’; (c) ‘reef island’; (d) ‘open island’; and (e) ‘wild island’. Each island has its own characteristics and properties in which specific and distinct practices and subcultures can develop. While tensions between islands can—and often do—exist, this does not prevent children from experiencing home as a unified whole grounded in their sense of belonging and familiarity. Our typology serves as a conceptual tool for family law and mental health professionals to help families reflect on and improve their co-parenting arrangements post-separation.

Two potentially important aspects of post-separation parenting arrangements are the number and nature of children's transitions between homes. Yet scant empirical attention has been paid to the practical, emotional, and relational aspects of these. In this paper, we examine five contextual factors that shape how children and parents experience and interpret transitions: changeover locations, transition routines and rituals, transitional containers, transitional objects, and transitional people. In-depth interviews were conducted with a non-probability purposive sample of 40 separated parents (13 mothers, 27 fathers) recruited primarily through family and relationship support services. Two-thirds of participants reported high levels of interparental conflict; 45% had shared-time arrangements. While changeovers varied, some parents felt safer or more comfortable using public locations instead of homes. Parents used strategies like visual timetables, comfort items, and calming routines to support children's emotional wellbeing during transitions. Siblings and grandparents also provided key support and continuity. Aside from offering practical insights for family law system professionals, our findings also have implications for staff working in elementary schools, kindergartens, foster care, and child day-care in supporting children's initial and ongoing transitions to and from these settings.