JOURNAL OF SOCIAL WELFARE AND FAMILY LAW最新文献_第7页

Editorial 编辑

IF 1.5

JOURNAL OF SOCIAL WELFARE AND FAMILY LAW Pub Date : 2023-01-02 DOI: 10.1080/09649069.2023.2175545

Mavis Maclean

引用次数: 0

Notice of duplicate publication: Editorial 复刊通知:社论

IF 1.5

JOURNAL OF SOCIAL WELFARE AND FAMILY LAW Pub Date : 2022-11-23 DOI: 10.1080/09649069.2022.2148233

引用次数: 0

Children – the hidden or direct victims of domestic abuse? 儿童——家庭虐待的隐藏或直接受害者？

IF 1.5

JOURNAL OF SOCIAL WELFARE AND FAMILY LAW Pub Date : 2022-10-02 DOI: 10.1080/09649069.2022.2136711

N. Ho

{"title":"Children – the hidden or direct victims of domestic abuse?","authors":"N. Ho","doi":"10.1080/09649069.2022.2136711","DOIUrl":"https://doi.org/10.1080/09649069.2022.2136711","url":null,"abstract":"ABSTRACT As the psychological impact of childhood exposure to domestic abuse gains more traction, referring to children as ‘the hidden victims of domestic abuse’ is becoming increasingly inaccurate and reductionist. Representing children as mere witnesses of domestic abuse also poses wider implications from the view of law and policy. Jurisdictions which recognise children as direct victims rather than hidden witnesses of domestic abuse, for example, send a clear message that the psychological harm of experiencing domestic abuse merits robust intervention (e.g. additional funding for child-specific support and services). Using a comparative approach, this study analyses the legal recognition of children who experience domestic abuse for the purposes of exploring how the child should be conceptualised in laws regulating childhood exposure to domestic abuse. For this comparative review, the jurisdictions of England and Wales, New Zealand and the United States (specifically the State of Washington) were selected, on the basis that they all respond to child experiences of domestic abuse in distinct ways that raise pertinent points of contrast. Whilst the State of Washington relies primarily on perpetrator-centric, criminal law responses to child experiences of domestic abuse, England and Wales and New Zealand resort to family law mechanisms that focus more on the child and the parent–child relationship. All in all, these points of contrast are pertinent because they provide an exploratory view of how the child should be conceptualised in law and policy. As this paper submits, conceptualising the child as a direct victim of domestic abuse––as reflected in England and Wales and New Zealand’s legislative efforts––works to send a powerful message about the severity of harm that children suffer when they experience domestic abuse. The State of Washington, on the other hand, has much to learn from England and Wales and New Zealand’s conceptualisation of the child, as its current legislative efforts appear to be rooted in an outdated understanding of the child as a mere collateral witness.","PeriodicalId":45633,"journal":{"name":"JOURNAL OF SOCIAL WELFARE AND FAMILY LAW","volume":"44 1","pages":"512 - 528"},"PeriodicalIF":1.5,"publicationDate":"2022-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47526880","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Unintended consequences of non-harassment orders: child contact decision-making 非骚扰令的意外后果：儿童接触决策

IF 1.5

JOURNAL OF SOCIAL WELFARE AND FAMILY LAW Pub Date : 2022-10-02 DOI: 10.1080/09649069.2022.2136714

Rachel McPherson

引用次数: 0

Editorial 社论

IF 1.5

JOURNAL OF SOCIAL WELFARE AND FAMILY LAW Pub Date : 2022-10-02 DOI: 10.1080/09649069.2022.2136708

E. Hitchings

引用次数: 0

The curious case of the vanishing fraud 诈骗消失的离奇案件

IF 1.5

JOURNAL OF SOCIAL WELFARE AND FAMILY LAW Pub Date : 2022-10-02 DOI: 10.1080/09649069.2022.2136704

Lucy Crompton

{"title":"The curious case of the vanishing fraud","authors":"Lucy Crompton","doi":"10.1080/09649069.2022.2136704","DOIUrl":"https://doi.org/10.1080/09649069.2022.2136704","url":null,"abstract":"ABSTRACT This case review critiques Cohen J’s judgment in Goddard-Watts v Goddard-Watts [2022] EWHC 711 (Fam), a second rehearing of the wife’s application for financial remedies on divorce. The foundational critique is Cohen J’s minimisation of the husband’s fraudulent non-disclosure of a massive increase in the value of some shares, which had necessitated the rehearing. I argue that the judge failed to consider whether the husband’s non-disclosure had undermined the basis on which the original consent order had been made: the husband had received more than half of the capital based largely on the risk associated with the shares, which had clearly paid off. The judge also failed to consider whether the decision in the first rehearing that the increase in the value of the shares was attributable to the husband’s post-separation endeavour was undermined by his failure to disclose the size of the increase. I critique the judge for making a needs-based award to the wife, arguing that this switches focus to the wife, further obscuring the husband’s deceit. Switching to needs allows the judge to retreat to safe ground where he can avoid difficult questions about the impact of the husband’s fraud on his ability to resist sharing his wealth with the wife.","PeriodicalId":45633,"journal":{"name":"JOURNAL OF SOCIAL WELFARE AND FAMILY LAW","volume":"44 1","pages":"537 - 540"},"PeriodicalIF":1.5,"publicationDate":"2022-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48279303","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Exclusion in the interests of inclusion: who should stay offline in the emerging world of online justice? 为了包容而排斥:在新兴的网络正义世界中，谁应该保持离线?

IF 1.5

JOURNAL OF SOCIAL WELFARE AND FAMILY LAW Pub Date : 2022-10-02 DOI: 10.1080/09649069.2022.2136713

L. Mulcahy, Anna Tsalapatanis

{"title":"Exclusion in the interests of inclusion: who should stay offline in the emerging world of online justice?","authors":"L. Mulcahy, Anna Tsalapatanis","doi":"10.1080/09649069.2022.2136713","DOIUrl":"https://doi.org/10.1080/09649069.2022.2136713","url":null,"abstract":"ABSTRACT England and Wales are in the middle of an ambitious court reform programme, a key element of which is the shift to more online hearings in appropriate cases. This raises a series of new questions for the judiciary, not least of which is whether there are circumstances in which a video hearing is unsuitable because a key participant is not able to engage effectively online. This article considers current thinking about the circumstances in which a case should be excluded from the list of online proceedings and compares judicial approaches to what we know of digital disadvantage from the social science literature. The authors draw on emerging judicial statements about threshold competencies, and original research with court staff, regular participants in court hearings and lay users. It is argued that the complex dynamics of digital disadvantage are frequently misunderstood and underestimated. This article makes clear the need for a more in-depth consideration of the multiple ways in which digital disadvantage manifests itself beyond a lack of equipment or skills. In doing so it raises critical questions about what we mean by user perspectives and how the voices of users are being heard.","PeriodicalId":45633,"journal":{"name":"JOURNAL OF SOCIAL WELFARE AND FAMILY LAW","volume":"44 1","pages":"455 - 476"},"PeriodicalIF":1.5,"publicationDate":"2022-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43812736","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Universal Credit, deductions and ‘sexually transmitted’ debt 通用信贷，扣除和“性传播”债务

IF 1.5

JOURNAL OF SOCIAL WELFARE AND FAMILY LAW Pub Date : 2022-10-02 DOI: 10.1080/09649069.2022.2136712

Rita Griffiths, R. Cain

{"title":"Universal Credit, deductions and ‘sexually transmitted’ debt","authors":"Rita Griffiths, R. Cain","doi":"10.1080/09649069.2022.2136712","DOIUrl":"https://doi.org/10.1080/09649069.2022.2136712","url":null,"abstract":"ABSTRACT Intended to simplify benefits and encourage paid employment, Universal Credit is the UK’s main working-age benefit. Assessed and paid monthly in arrears to low-income individuals and couples with and without earnings, the single monthly payment is based on entitlement, less a proportion deducted for any household earnings and/or debts. Research has highlighted the financial hardship that deductions for debts can cause for claimants. Less attention has been paid to the experiences of couples who have joint liability for repaying debts that one or both of the partners may have accrued, including those which may pre-date the start of their current partnership. Drawing on new empirical research findings, we explore the effects of deductions in the context of a joint Universal Credit claim, and on the different partners. The paper argues that greater stringency, data sharing and automation in the capture and recovery of debts, compared with the legacy system, have reduced the scope for flexibility and discretion in the way debts are collected and deductions are administered. This is creating additional financial hardship and potential relationship instability for couples for whom adverse financial and emotional effects can be multiplied. Options for reform are discussed.","PeriodicalId":45633,"journal":{"name":"JOURNAL OF SOCIAL WELFARE AND FAMILY LAW","volume":"44 1","pages":"431 - 454"},"PeriodicalIF":1.5,"publicationDate":"2022-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45356492","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Judging care proceedings – ‘it’s not what you do it’s the way that you do it’ 判断护理程序——“这不是你做什么，而是你做的方式”

IF 1.5

JOURNAL OF SOCIAL WELFARE AND FAMILY LAW Pub Date : 2022-10-02 DOI: 10.1080/09649069.2022.2136703

J. Masson

{"title":"Judging care proceedings – ‘it’s not what you do it’s the way that you do it’","authors":"J. Masson","doi":"10.1080/09649069.2022.2136703","DOIUrl":"https://doi.org/10.1080/09649069.2022.2136703","url":null,"abstract":"In Re H-W [2022] UKSC 17 the Supreme Court examined the standards for decisionmaking and proportionality in care cases, revisiting an area thoroughly considered in and after Munby P’s decision in Re B-S (Children)(Adoption Order: Leave to Oppose) [2013] EWCA Civ 1146 and creating a bright line for the test for appeals. In a single judgement, it held that it was no longer enough for judges to do the right thing i.e. not be wrong, they must now make decisions in the right way. Failure to consider all the court’s powers (Children Act 1989, s.1(3)(g)), comparing each option, holistically, with all the others as set out by McFarlane LJ in Re G (A Child) (Care Proceedings: Welfare Evaluation) [2013] EWCA Civ 965 was fatal. There were no allowances for experience of first instance judges, extempore judgements or the pressure of making decisions in the family court. At a stroke the Supreme Court imposed a more stringent test for proportionality in care cases; a decision could only be upheld where the judge’s reasoning fully explained why all other options for mitigating risks and securing welfare, not just realistic ones, have been rejected. Decision-making was not only about substance but also structure and form (cf Munby P in Re R (A Child) [2014] EWCA Civ 1625, paras 18 and 68). A summary of the facts There was a long history of neglect and sexual abuse in the mother’s extended family. In care proceedings in 2013, her son, A, was found to have abused her daughters B and C, and F2, the father of her youngest daughter, E, was found to have had a sexually abusive relationship with the mother, starting in her early teens. The court made a care order for A who was and placed in foster care; residence and supervision orders for B, C, D and E, who remained with their mother. F2ʹs application for residence of E was rejected and an injunction made preventing him entering the family home. Although the supervision orders expired in 2015, the local authority remained involved with M and her current partner, F3. In 2016, there were care proceedings in respect of F3ʹs children who, with the exception of G, were living with their mother; G was made subject of child arrangements and supervision orders to live with F3, but the placement broke down and G went into care. The local authority conducted family assessments in 2016/17 but M did not tell them that she had taken B for a week’s holiday with F2, where they had all shared a chalet, information that only emerged in the latest care proceedings. Child protection plans for","PeriodicalId":45633,"journal":{"name":"JOURNAL OF SOCIAL WELFARE AND FAMILY LAW","volume":"44 1","pages":"533 - 536"},"PeriodicalIF":1.5,"publicationDate":"2022-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43413364","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

A happy medium? Telephone hearings for litigants in person facing housing eviction 中庸之道?为面临房屋驱逐的当事人提供电话听证会

IF 1.5

JOURNAL OF SOCIAL WELFARE AND FAMILY LAW Pub Date : 2022-10-02 DOI: 10.1080/09649069.2022.2136710

Bridgette Toy-Cronin

引用次数: 0