Family Court Review最新文献

The Domestic Violence Survivors Justice Act (“DVSJA”) provided immense relief for domestic violence survivors (“survivors”) who had been convicted of committing crimes resulting from their abuse. However, the DVSJA failed to consider that survivors suffer the effects of domestic violence for much longer than abuse occurs. Research indicates that survivors can experience chronic post-traumatic stress disorder for years after their abuse ends. Furthermore, the DVSJA failed to consider that many survivors, specifically sexual abuse survivors, never report their abuse. This Note proposes two Amendments to the DVSJA that would: (1) allow victims still suffering the effects of abuse at the time of the offense to be eligible for relief; and (2) allow victims who never reported their abuse to be eligible for relief.

This article examines the role that inadequate housing plays in key stages of a family regulation case. Inadequate housing is broadly defined as any housing related issue that a family regulation agency might consider relevant to a child's safety. With some of the highest housing costs in the country, New York City presents an interesting case study on the impact of inadequate housing on involvement with the family regulation system. Despite providing an explicit defense for parents who cannot afford to provide housing for their children, New York law and policy routinely facilitates the removal of children from their families, the adjudication of parents as neglectful, and even the termination of parental rights, due to inadequate housing. In this way, the family regulation system unfairly punishes parents for housing issues outside of their control and to the detriment of the children the system purports to protect. In order to prevent unnecessary and harmful family separations related to inadequate housing, New York should allocate more funding towards increasing both the supply of affordable housing and the availability of subsidized housing programs. Though limited to budget constraints, the state could finance this by shifting funding away from the family regulation system and towards subsidized housing instead. Additionally, narrowing New York's mandatory reporting and state central registry laws could help limit the negative impact housing issues have on affected families.

The past years have born witness to dramatic and rapid technological changes in assisted reproductive technologies (ART) to include mitochondrial replacement and artificial gametes, which by fragmenting traditional aspects of parenthood have challenged our deepest conceptions of what it means to be a parent. These two cutting-edge reproductive innovations raise a variety of ethical and legal dilemmas, inter alia, the determination of legal parenthood. This article will explore the medical background of these practices and the main dilemmas in determining parenthood in each scenario. In the context of mitochondrial replacement, it explores whether the nuclear mother or the mitochondrial mother is the “real” mother of the resulting child. Likewise, artificial gametes challenge us to define the genetic progenitor who provided the raw material that will eventually produce an artificial sperm and/or egg. Is he a genetic parent, similar to any “traditional” sperm or egg provider? Or is he a mere third party who is, legally, a total stranger to the child. After exposing shortcomings in non-contractual models of legal parenthood, I endorse intentional parenthood as a superior normative model. Normatively, it is an appropriate, just and flexible doctrine for resolving the various modern dilemmas that surface in the context of different ART, including these two latest innovations previewed here. First, I will elaborate on current applications of intentional parenthood in ART and specifically about children resulting from mitochondrial replacement or artificial gametes. Afterwards, I will suggest ways to practically implement intentional parenthood in the context of these two complex and challenging procedures, including unique suggestions of dual maternity, three legal parents, and “quasi” parents with a variety of parental statuses. I will then discuss how intentional parenthood remains available to service the challenges posed by future and as-yet-unknown reproductive practices, as in this steadily evolving field, the future is always (almost) here.

The cornerstone international instrument on children's rights protection that has become widely ratified since its adoption in 1989 is the Convention on the Rights of the Child. Аmong other things, it seeks to ensure that children are entitled to express their views on all matters affecting them. In 2009, Comment No. 12 was adopted by the UN Committee on the Rights of the Child to clarify that additional national legislation is needed to guarantee children's right to participate and state their opinions on matters of importance to them in proceedings before public authorities, including courts. With the growing trend for mandating parties of family conflicts to amicable dispute resolution processes, statutory regulations on mandatory family mediation often remain silent on the way the voice of the child should be integrated in these procedures. This article seeks to outline the problem that the voice of children is often marginalized in the field of mandatory family mediation in Europe given the lack or insufficiency of regulations and application of different protocols for children inclusion during mediation. Review of scientific literature and analysis on the practices deployed in some European countries established that different approaches exist on how children are integrated in mediation and there is a lack of synchronicity on the role of children in the procedure. This leads to the insurmountable paradox that while in court proceedings, hearing the child's view on matters that affect them is imperative. Children have no guaranteed seat in mandatory mediation, which has been designed to replace traditional justice. Herewith, it is suggested that the lack of such rigorous approaches and coherence in an ever-changing mediation setting jeopardizes the importance of children's voice in the process and endanger the best interest of the child. Thus, this article suggests the adoption of cross-European uniform guidelines on the specific role of children in mediation and particularly in its mandatory models and to suggests standards of practice that ensure adequate ways of hearing children's views and opinions in mediation.

The United States continues to grapple with the overwhelming lack of affordable child care facilities and resources available to parents. The rising child care costs continue to disproportionately impact low-income families, families of color, and women. The struggle to find affordable care leaves many individuals with the difficult decision to change their career paths or leave the workforce entirely to provide care for their children. Child care programs serve many benefits to both children and parents. This Note proposes a new discretionary universal child care model that addresses modern issues in child care through the culmination of previous child care reform efforts. The proposed program will leave states the choice to implement the new model with an incentive program to bolster support and performance of the legislation.

The concept and dangers of social media and Child Sexual Abuse Material (CSAM) are not new; however, new issues have developed with the promulgation of artificial intelligence and the creation of deepfake media. Children are being adversely affected by deepfakes in a whole new way, which is reflected by the lack of legislation in this area. This, along with the increasing public accessibility to manipulate media, has created ever-growing dangers, which the country is not prepared to handle. This Note opposes banning AI technology, and instead proposes a two-part federal legislation to provide criminal and civil penalties for CSAM deepfakes.

Status as a Veteran or military Servicemember (SM) can negatively impact custody determination in family court. Veterans and Servicemembers (SMs) must contend with unique barriers. The first barrier is a dueling media narrative of extremes, in which they are both idolized and demonized, extremes that shape the view that much of American society takes with respect to Veterans and SMs. The second barrier is the Permanent Change of Station (PCS) system. PCS forces SMs to move frequently and they have no formal mechanism to decline a PCS in order to maintain an existing child custody arrangement. The third barrier is an alarmingly high and incorrect over-association of military service and Post Traumatic Stress Disorder (PTSD) coupled with the incorrect assertion that PTSD manifests itself primarily in a violent manner. The fourth barrier is a unique administrative hearing process within each of the military services known as the Family Advocacy Program (FAP) Incident Determination Committee (IDC) / Case Review Committee (CRC) which reviews claims of spousal or child abuse and is empowered to substantiate abuse claims without affording procedural due process protections. This paper is important because informing the body of professionals who comprise family court matters about these barriers will ideally lead to improved child custody outcomes for Veterans and SMs as well as push for additional research into the subject to understand how and in what manner SMs and Veterans are negatively impacted in custody determinations.

In contemporary multicultural societies, the family law profession requires a nuanced understanding of diverse cultural backgrounds to facilitate equitable and effective resolutions. Cultural competence in the family law profession entails recognizing and respecting the beliefs, values, and practices of individuals from different cultural backgrounds. Understanding the impact of religion on family dynamics, decision-making processes, and conflict resolution is essential for family law professionals to navigate sensitive issues such as divorce, custody arrangements, and parental rights. By delving into the teachings, traditions, and rituals of Buddhism, Islam, Hinduism, and Judaism, this paper elucidates the unique cultural considerations that influence family law disputes within these religious communities. It examines key aspects such as dietary preferences, religious observances, and extended family dynamics, shedding light on how these factors shape co-parenting arrangements and legal proceedings. Furthermore, this paper underscores the importance of incorporating cultural sensitivity into the family law process to promote mutual understanding, respect, and cooperation among parties. By fostering an environment where diverse religious perspectives are acknowledged and valued, mediators can facilitate more equitable and satisfactory outcomes for families from different cultural backgrounds. Ultimately, this paper advocates for the integration of cultural competence training into family law practices, emphasizing the need for mediators to continuously educate themselves on the religious and cultural nuances of the diverse populations they serve. By embracing cultural competence, family law practitioners can better serve the needs of all families, regardless of their religious affiliations, and contribute to a more inclusive and just legal system.

There is an increasing number of high-conflict custody cases involving transgender and gender expansive (TGE) youth within family courts. The current sociopolitical climate, giving rise to an unprecedented amount of anti-transgender legislation, adds further complexity to decision-making and creates a contentious and unpredictable climate for TGE youth and affirming parents in family court. Although researchers in health, child development, and well-being have generated a robust body of evidence supporting the importance of affirming family and community for TGE youth, there remains a disconnect between evidence-based best practices and actual practice in the family courts. Courts are frequently diverted by the question of whether the child is TGE, or who is “to blame” for the child's TGE identity, rather than seeking to determine which parent is better able to meet the needs of the whole child—including, but not limited to, needs related to the child's gender identity and expression. Contested custody litigation provides an opportunity for family courts to prevent harm and promote the well-being of TGE youth and families by facilitating access to care, education, and support, which can promote more effective approaches to decision-making for complex cases involving TGE youth, and better establish post-separation success for families. This paper proposes a mental map that leverages the body of interdisciplinary research on gender identity development and expression coupled with the use of a child-centered approach, and provides strategies for applying the mental map, with the goal of improving family court practices for cases involving TGE youth.