Family Court Review最新文献

{"title":"Prosecutors and justice reform: Applying the American Law Institute Restatement of Children and the Law to juvenile transfers","authors":"Jimmy Hung","doi":"10.1111/fcre.70012","DOIUrl":"https://doi.org/10.1111/fcre.70012","url":null,"abstract":"<p>This article examines the critical role of prosecutorial discretion in juvenile transfer decisions through the lens of the American Law Institute's Restatement on Children and the Law. Drawing on current research in adolescent brain development, trauma, and behavioral science, it argues for a developmental approach that resists punitive transfers in favor of individualized, rehabilitative responses. Amid rising youth violence and public pressure for harsher measures, the essay urges prosecutors to reject outdated “tough on crime” narratives and instead lead reform grounded in evidence, equity, and public safety. It highlights the modern stressors impacting youth – including the COVID-19 pandemic and social media – and explains how these factors further justify a restorative, rather than retributive, framework. The article concludes with a call for prosecutors to embrace their ethical duty as reformers, leveraging the Restatement to ensure that juvenile justice policy aligns with both scientific understanding and the moral imperative to treat children as fundamentally different from adults.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"63 3","pages":"415-422"},"PeriodicalIF":0.7,"publicationDate":"2025-07-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144681479","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}

{"title":"Using the Restatement of Children and the Law to consider the harm of removal","authors":"Shanta Trivedi","doi":"10.1111/fcre.70004","DOIUrl":"https://doi.org/10.1111/fcre.70004","url":null,"abstract":"<p>The family policing system separates families every day. As a result, children and their parents suffer lifelong, irreversible trauma and a host of other negative consequences. The Restatement acknowledges these harms and directs courts to consider the harms of removal throughout court proceedings when deciding whether a child should be removed from their parents or in determining if reunification is appropriate. The Restatement also highlights the legal standards that apply when the constitutional right to family integrity is at stake. The Restatement therefore makes crucial recommendations for courts who handle these important cases. This Article explains some of the harms that children experience when they are ripped from their parents in family policing proceedings and placed into an unpredictable and often harmful foster system. It highlights the provisions of the Restatement that instruct courts on how and when these harms should be balanced with the risk to the child if they remain at home.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"63 3","pages":"446-458"},"PeriodicalIF":0.7,"publicationDate":"2025-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144681349","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}

{"title":"The Restatement of the Law: Children and the Law – An important tool for judges as well as practitioners","authors":"Holly J. Fujie","doi":"10.1111/fcre.70009","DOIUrl":"https://doi.org/10.1111/fcre.70009","url":null,"abstract":"<p>This article describes the many ways in which the Restatement of the Law- Children and the Law, can be used by judges and practitioners throughout the country as a resource for easy access to the law as it relates to children from custody and juvenile issues to the rights of students to free speech in schools.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"63 3","pages":"394-400"},"PeriodicalIF":0.7,"publicationDate":"2025-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144681225","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}

{"title":"Appropriate parenting arrangements in cases of intimate partner violence and coercive control: From research and legislative reform to changes in practice","authors":"Peter Jaffe,&nbsp;Nicholas Bala,&nbsp;Archana Medhekar,&nbsp;Katreena Scott,&nbsp;Casey Oliver","doi":"10.1111/fcre.70002","DOIUrl":"https://doi.org/10.1111/fcre.70002","url":null,"abstract":"<p>Family violence and coercive control are increasingly being recognized in legislation and practice as critical factors to consider in determining children's best interests in making appropriate post-separation parenting arrangements. Professional practices have also become more trauma and violence-informed and better able to recognize and respond to the impact of violence on survivors and their children. Assessing the validity and context of family violence allegations is critical for making appropriate post-separation parenting arrangements. In cases where there are family violence concerns, court responses need to take account of the potential harm that perpetrators present to the children and the other parent. Findings of family violence should lead to a differentiated approach to parenting arrangements depending on the severity and history of family violence and coercive control, the timing of the disclosures, and the resources available to address safety for the adult victim and children. Arrangements may vary according to the potential need for restrictive parenting time, and may include supervised exchanges, supervised parenting, or no parenting time. This article reviews literature and legal developments to proposes a framework for better understanding and responding to continuing post-separation effects of domestic violence and coercive control.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"63 3","pages":"467-490"},"PeriodicalIF":0.7,"publicationDate":"2025-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144681226","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}

{"title":"“Parental alienation” cases: Experiences of Ontario legal and mental health professionals","authors":"Rachel Birnbaum,&nbsp;Nicholas Bala","doi":"10.1111/fcre.70001","DOIUrl":"https://doi.org/10.1111/fcre.70001","url":null,"abstract":"<p>This paper reports on two related studies on the experiences of Ontario therapists, parenting evaluators, child protection service (CPS) staff, and lawyers for parents, children and CPS about parent–child contact problem cases involving claims of parental alienation. One qualitative study was based on interviews with 62 professionals (45 parents' lawyers and 17 therapists) involved in reported Ontario cases between 2010 and 2022 where the court made a finding of parental alienation. The second qualitative study was based on nine focus groups with 50 Ontario professionals (31 children's lawyers, four CPS lawyers, five CPS workers and 10 parenting evaluators) about their experiences with this type of high conflict separation case. The majority of professionals in both studies found that parents in these cases are often very challenging clients. The professionals shared their frustration that the family justice system is slow to respond and has few effective legal responses or clinical resources that can provide appropriate services for these cases. The studies highlight the complexity of these cases and the need for the family justice system to better provide coordinated legal and clinical responses for these families. There is a need for more evidence-based collaborative interdisciplinary practice, research and professional education.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"63 3","pages":"491-515"},"PeriodicalIF":0.7,"publicationDate":"2025-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144681632","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}

{"title":"#Real_life #Blogger #Sponsored_post #Implementing_financial_protections_for_influencer_children_and_children_of_influencers","authors":"Elysse Anderson","doi":"10.1111/fcre.70008","DOIUrl":"https://doi.org/10.1111/fcre.70008","url":null,"abstract":"<p>A growing phenomenon in this country is the existence of parent social media influencers. These influencers are parents who utilize their children in monetized posts to make money. Whether the parents are getting paid by the number of views they receive, or it is a sponsored post, they are forcing their children to work without pay. This Note proposes a New York state law which provides financial protections for children by requiring they be paid for their work, a part of that payment goes into a trust, and imposing civil penalties for parents who violate the law.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"63 3","pages":"516-529"},"PeriodicalIF":0.7,"publicationDate":"2025-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144681538","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}

{"title":"July editorial note","authors":"Barbara A. Babb,&nbsp;Marsha Kline Pruett","doi":"10.1111/fcre.70013","DOIUrl":"https://doi.org/10.1111/fcre.70013","url":null,"abstract":"","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"63 3","pages":"388-389"},"PeriodicalIF":0.7,"publicationDate":"2025-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144681123","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}

{"title":"The Uniform Collaborative Law Act: Behind and beyond ABA approval","authors":"Andrew Schepard","doi":"10.1111/fcre.12852","DOIUrl":"https://doi.org/10.1111/fcre.12852","url":null,"abstract":"<p>In 2011 the American Bar Association's (ABA) House of Delegates (HOD) voted against endorsing the Uniform Collaborative Law Act (UCLA) drafted by the National Conference of Commissioners on Uniform State Law (NCCUSL). In 2024 the ABA HOD reversed position and endorsed the UCLA. This article explores why and how the change came about and its implications for the future of collaborative law. Collaborative Law is a dispute resolution process in which lawyers represent clients for a limited purpose—to negotiate settlement of a dispute. Parties and their counsel sign a participation agreement which requires counsel to disqualify him or herself from representation in litigation if the collaborative law process terminates short of settlement. The purpose of the disqualification provision is to focus the parties and counsel on formulating solutions to problems rather than threatening adversarial proceedings to resolve negotiation impasse. Collaborative law was first developed and is most used in divorce and custody disputes where problem solving negotiations are particularly important to the welfare of parents and children. In 2011, when NCCUSL first presented the UCLA to the ABA's HOD for endorsement, opponents (mostly litigators) characterized collaborative law as “unethical” because it created an alleged conflict of interest between lawyer and client. Opponents also characterized the UCLA as a threat to the independence of the legal profession as it was regulation by legislation rather than court rule. In 2024, the ABA HOD reversed its 2011 decision and endorsed the UCLA. By then over a majority of the states adapted the UCLA despite the ABA's 2011 disapproval. State enactments reflected greater public and lawyer acceptance of ADR in divorce and custody disputes. Another essential factor in the ABA ‘s change of heart was dedicated advocacy within the organization by committed members of the Section on Dispute Resolution. This article makes recommendations for the future integration of collaborative law into the mainstream of dispute resolution including more state enactments for the UCLA, expansion of collaborative law to fields in addition to family law and integration into legal education.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"63 2","pages":"305-323"},"PeriodicalIF":0.7,"publicationDate":"2025-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143871714","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}

{"title":"The uses and abuses of psychodiagnostic terms in family court cases: Beyond labels to the humanity beneath","authors":"Donald T. Saposnek,&nbsp;Dan Berstein","doi":"10.1111/fcre.12851","DOIUrl":"https://doi.org/10.1111/fcre.12851","url":null,"abstract":"<p>Psychodiagnostic labels abound in family court, whether they are used colloquially by the parties to attack each other, or formally by professionals who are trying to help. We examine the history of these diagnostic terms, including ways they are useful and ways they cause problems. After exploring how psychodiagnostic labeling systems are limited and evolving to become more dimensional, we highlight the legal rights of people with mental health problems to showhow labels can inadvertently lead to discrimination. We conclude by sharing tools to help divorce practitioners overcome the biased assumptions often wrapped up in diagnostic language.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"63 2","pages":"265-285"},"PeriodicalIF":0.7,"publicationDate":"2025-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143871616","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}

{"title":"Justice served or justice missed? An examination of New York's domestic violence survivors justice act","authors":"Brendan Ilnitzki","doi":"10.1111/fcre.12849","DOIUrl":"https://doi.org/10.1111/fcre.12849","url":null,"abstract":"<p>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.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"63 2","pages":"339-353"},"PeriodicalIF":0.7,"publicationDate":"2025-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143871752","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}