Family Court ReviewPub Date : 2026-10-19Epub Date: 2026-10-13DOI: 10.1111/fcre.70096
Silvia Mazzoni, Mirko Colone, Lorenza De Filippis, Clara Hendel, Elvina Kolla, Veronika Kerollous, Mariangela Melodia, Silvana Yared
{"title":"“Identifying risk and protective factors in parental coordination as family law intervention: An exploratory study”","authors":"Silvia Mazzoni, Mirko Colone, Lorenza De Filippis, Clara Hendel, Elvina Kolla, Veronika Kerollous, Mariangela Melodia, Silvana Yared","doi":"10.1111/fcre.70096","DOIUrl":"https://doi.org/10.1111/fcre.70096","url":null,"abstract":"<p>Over the last ten years, Parental Coordination has gradually established itself in Italy as an innovative intervention for managing high-intensity parental conflict, in cases where family mediation is impractical or ineffective. Introduced in 2014, the first phase of experimentation covered the decade 2014–2025, with a gradual increase in cases, confirming the growing need for this method. This paper presents exploratory research conducted at the Department of Dynamic, Clinical, and Health Psychology at Sapienza University of Rome on 31 cases followed between 2021 and 2025. The aim was to formulate hypotheses about the factors that influence the effectiveness of the intervention. The seven factors tested were the presence/absence of a foster institution, years between the start of proceedings and the start of parental coordination, presence/absence of criminal proceedings, years of union before the child's birth, age of child at the time of separation, coparenting style, and parental engagement. Although no significant associations were found between the variables examined and the outcome of the intervention, balanced parental engagement and the quality of the coparenting relationship appear to be frequently associated with positive outcomes, while an exclusionary coparenting style or highly unbalanced parental engagement seems to be associated with the risk of discontinuation.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"64 4","pages":"681-696"},"PeriodicalIF":0.7,"publicationDate":"2026-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"149214649","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}
Family Court ReviewPub Date : 2026-10-19Epub Date: 2026-10-11DOI: 10.1111/fcre.70094
Connie Capdevila-Brophy, Debra K. Carter, Marsha Kline Pruett
{"title":"When orders aren't enough: A new model for child-centered care in cross-border family conflicts","authors":"Connie Capdevila-Brophy, Debra K. Carter, Marsha Kline Pruett","doi":"10.1111/fcre.70094","DOIUrl":"https://doi.org/10.1111/fcre.70094","url":null,"abstract":"<p>Children and adolescents caught in cross-border custody disputes, including international parental abduction, are at high risk of losing meaningful contact with one parent, often the one with whom they are familiar and comfortable. Such abductions can cause severe and lasting harm. International legal instruments such as the Hague Conventions pertain to return or retention decisions but do not address the aftercare period. Families are left to navigate ongoing conflict, cultural and legal differences, and the emotional impact of separation and reunification on both parents and children with minimal guidance. This article proposes a two component practice model that uses family mediation before court resolution, followed by post-judgment parenting coordination or other services available within a specific jurisdiction. Building on global initiatives promoting international family mediation, this model offers a structured, multidisciplinary framework to maximize children's safety, stabilize family relationships, and implement court resolutions across jurisdictions. We confront several challenges in implementing the model. Jurisdictional conflicts frequently arise, with several countries claiming authority over the same case, leading to prolonged legal battles. Differing interpretations of concepts such as the “best interests of the child” add further layers of complexity. Issues related to intimate partner violence concerns and standards for child adaptation are complicated by cultural and language differences among both families and professionals. We consider implementation issues that include training, funding, and cross-border professional coordination alongside the model's potential to promote child-centered, sustainable outcomes. Finally, we highlight empirical factors for assessing the model's effectiveness and its applicability across cultural and legal contexts.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"64 4","pages":"654-667"},"PeriodicalIF":0.7,"publicationDate":"2026-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"149214668","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}
Family Court ReviewPub Date : 2026-10-19Epub Date: 2026-09-17DOI: 10.1111/fcre.70097
Keshet Starr
{"title":"“With righteousness shall you judge your people”:1 Mediating domestic abuse cases within orthodox Jewish communities","authors":"Keshet Starr","doi":"10.1111/fcre.70097","DOIUrl":"https://doi.org/10.1111/fcre.70097","url":null,"abstract":"<p>Alternative Dispute Resolution (ADR) plays an increasingly important role in high-conflict divorce within Orthodox Jewish communities, yet it must adapt to a uniquely complex cultural and legal landscape. Divorce in Orthodox communities often unfolds across dual systems: civil courts and the beth din (Jewish religious court). Parties may dispute not only substantive matters such as custody and asset division, but also which forum should resolve them. Overlapping beth din jurisdictions and state laws limiting religious arbitration add further procedural complexity. As divorce has become more culturally acknowledged in insular Orthodox communities, both litigants and communal leaders have increasingly turned to mediation as an alternative to adversarial litigation methods. Two primary models have emerged: mediation conducted within a beth din, often as part of a mediation-to-arbitration pipeline, and informal community-based mediation facilitated by culturally embedded individuals, many of whom lack formal training but offer deep cultural competency. These models present particular challenges in cases involving domestic abuse. Survivors must navigate trauma, diminished resources, and the religious divorce process (get), and work within systems that may have limited training and resources on abuse. When beth din and community-based mediators lack training, screening tools, and appropriate amelioration methods for navigating abuse cases, the outcomes may lead to further conflict and trauma for survivors. This article examines the risks and strengths of beth din and community-based mediation models and proposes culturally responsive, abuse-informed reforms, including enhanced screening, specialized training, referral pathways for high-risk cases, and communal funding mechanisms to promote safer, more equitable dispute resolution.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"64 4","pages":"697-712"},"PeriodicalIF":0.7,"publicationDate":"2026-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"149214688","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}
Family Court ReviewPub Date : 2026-10-19Epub Date: 2026-09-16DOI: 10.1111/fcre.70100
Courtney Chicvak
{"title":"Closing the implementation gap in court-annexed custody and visitation mediation: A community dispute resolution center case study","authors":"Courtney Chicvak","doi":"10.1111/fcre.70100","DOIUrl":"https://doi.org/10.1111/fcre.70100","url":null,"abstract":"<p>Identify the “implementation gap” in family mediation as the challenge of connecting co-parents who need alternative dispute resolution (ADR) services with accessible ADR programs. This article presents a case study of a community-based and court partnership designed to close this gap through the Long Island Dispute Resolution Centers (LIDRC) Custody and Visitation Mediation Program at EAC Network, in collaboration with the Suffolk County Family Court, the New York State Unified Court System, and the Community Dispute Resolution Center (CDRC) Network. The program provides volunteer mediators, both attorneys and non-attorneys, who adhere to rigorous structured training and apprenticeship requirements set forth by the New York State Unified Court System to deliver no-cost mediation services to parties in custody and visitation matters. Additional design features of the program include implementing multiple layers of safety screening prior to mediation, providing litigants with early education in advance of mediation, offering mediation to litigants at the earliest stages of the court process, integrating a variety of technologies to enhance accessibility, and locating a wide range of diverse funding sources to ensure cost is not a barrier to participation. Using a case study methodology and examining administrative data through interdisciplinary theoretical lenses, including Dispute System Design, Access to Justice Theory, Child-Focused Mediation, and Conflict Transformation, this analysis illustrates the day-to-day operations and its model of interdisciplinary court–community partnership in designing a community-level peacebuilding infrastructure for family disputes.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"64 4","pages":"750-766"},"PeriodicalIF":0.7,"publicationDate":"2026-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"149214679","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}
Family Court ReviewPub Date : 2026-10-19Epub Date: 2026-09-15DOI: 10.1111/fcre.70099
Slávka Karkošková, Barbora Burajová
{"title":"Interdisciplinary child custody dispute resolution in Slovakia: Innovation without safeguards?","authors":"Slávka Karkošková, Barbora Burajová","doi":"10.1111/fcre.70099","DOIUrl":"https://doi.org/10.1111/fcre.70099","url":null,"abstract":"<p>Slovakia introduced a multidisciplinary approach (MAC), inspired by the German Cochem model, to promote interdisciplinary coordination and parental agreements in child custody disputes. However, the national MAC methodology addresses domestic violence/intimate partner violence (DV/IPV) only marginally and does not structurally integrate screening and triage at case entry. This design is further complicated by policy discourse in which “parental alienation” narratives have gained visibility and have, at times, been linked to skepticism toward DV/IPV allegations. Using a mixed legal and social science approach, this article examines the Slovak MAC model and analyzes how missing safeguards can increase risks for victims and children in custody proceedings. It combines a documentary review of legislation and official methodologies with Slovak qualitative evidence on the experiences of DV/IPV-affected families and an English-language peer-reviewed analysis of custody-related legal abuse. These sources are used illustratively rather than as prevalence estimates. The Slovak case study highlights the limits of agreement-oriented interdisciplinary models when universal screening and triage are absent from the primary process. It concludes with a reform roadmap aligned with international best-practice frameworks and EU Directive 2024/1385, emphasizing universal screening, risk-based triage, and protective pathways for DV/IPV-affected cases.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"64 4","pages":"733-749"},"PeriodicalIF":0.7,"publicationDate":"2026-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/fcre.70099","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"149214641","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Family Court ReviewPub Date : 2026-10-19Epub Date: 2026-09-11DOI: 10.1111/fcre.70102
Rosemarie Ferrante, Wendy F. Habelow, Lili Vasileff
{"title":"The evolving team: Vulnerability and trust in the collaborative divorce process a roadmap for professionals","authors":"Rosemarie Ferrante, Wendy F. Habelow, Lili Vasileff","doi":"10.1111/fcre.70102","DOIUrl":"https://doi.org/10.1111/fcre.70102","url":null,"abstract":"<p>The Collaborative Process represents a significant shift in resolving family disputes outside the courtroom. It relies on an interdisciplinary team, attorneys, mental health practitioners, and financial neutrals, to guide families through divorce with transparency, dignity, and shared problem-solving. This article examines how professional roles evolve within this structure and how vulnerability and trust function as essential components of effective practice. Practice-based analysis shows that professionals must move beyond traditional disciplinary boundaries and adopt new orientations toward neutrality, advocacy, and teamwork. Attorneys transition from positional advocates to process stewards and legal counselors; mental health practitioners facilitate communication and emotional regulation rather than provide therapy; and financial specialists act as neutral educators who clarify financial realities for the family system. The article also explores the choreography of team practice, emphasizing the importance of pre-meeting coordination, post-meeting debriefs, and shared responsibility for maintaining process integrity. These structures cultivate professional trust and model the transparency expected of clients. Collaborative practice requires humility, openness, and relational accountability. When professionals embrace these shifts, interdisciplinary teams are better positioned to support durable agreements and healthier post-divorce relationships. Although rooted in collaborative divorce, these dynamics offer broader insights for the evolution of family justice and court-connected dispute resolution.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"64 4","pages":"787-801"},"PeriodicalIF":0.7,"publicationDate":"2026-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"149214672","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}
Family Court ReviewPub Date : 2026-10-19Epub Date: 2026-09-23DOI: 10.1111/fcre.70106
Linda Fieldstone, Marsha Kline Pruett, Shveta Kumaria
{"title":"Extending the concept of gatekeeping to older families: Intergenerational care and conflict","authors":"Linda Fieldstone, Marsha Kline Pruett, Shveta Kumaria","doi":"10.1111/fcre.70106","DOIUrl":"https://doi.org/10.1111/fcre.70106","url":null,"abstract":"<p>Gatekeeping has been extensively examined in the context of coparenting after separation and divorce, but its application to older families has received little attention. This article extends the gatekeeping framework to later-life family systems, where family members may facilitate, safeguard, or restrict access to older adults, information, decision-making, relationships, and resources. The authors propose a definition of gatekeeping responsive to the unique needs, behaviors, and histories of older adults and their families and distinguish among facilitative, justified restrictive, and unjustified restrictive gatekeeping. While some restrictions may be necessary to safeguard older adults who are vulnerable, others may unnecessarily escalate conflict, undermine autonomy, and damage family relationships. Drawing upon family systems theory, conflict resolution principles, and eldercaring coordination, the article examines factors contributing to gatekeeping and offers strategies for assessment and intervention. Recognizing gatekeeping as a family systems dynamic can help interdisciplinary professionals safeguard older adults, support informed decision-making, and strengthen multigenerational family relationships.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"64 4","pages":"814-831"},"PeriodicalIF":0.7,"publicationDate":"2026-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"149214733","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}
Family Court ReviewPub Date : 2026-10-19Epub Date: 2026-09-17DOI: 10.1111/fcre.70103
Syed Bukhari
{"title":"Faith in the fine print: Enforcing Mahr agreements in New York divorce proceedings","authors":"Syed Bukhari","doi":"10.1111/fcre.70103","DOIUrl":"https://doi.org/10.1111/fcre.70103","url":null,"abstract":"<p>Islamic marriage agreements include a Mahr, which is a financial promise from husband to wife triggered by divorce or death. Intended to protect women's financial stability, Mahr enforcement in U.S. Courts, particularly in New York, is inconsistent. Some Courts treat Mahr as a prenuptial agreement, others as a religious obligation, leading to confusion and inequity. This patchwork approach undermines contract rights and risks constitutional entanglement. A clearer, secular framework that eliminates the rigid acknowledgment requirement of DRL § 236(B)(3) and applies neutral contract principles such as intent, clarity, and fairness, can yield more equitable outcomes while honoring religiously informed expectations.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"64 4","pages":"832-845"},"PeriodicalIF":0.7,"publicationDate":"2026-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"149214689","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}