Family Court ReviewPub Date : 2026-02-26Epub Date: 2026-01-14DOI: 10.1111/fcre.70047
Bruce M. Smyth, Megan Reid Hobbs, Jan K. Stokkebekk
{"title":"From here to there and the in-between: Children's transitions between homes after parental separation","authors":"Bruce M. Smyth, Megan Reid Hobbs, Jan K. Stokkebekk","doi":"10.1111/fcre.70047","DOIUrl":"10.1111/fcre.70047","url":null,"abstract":"<p>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.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"64 1","pages":"33-53"},"PeriodicalIF":0.6,"publicationDate":"2026-02-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147565800","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 : 2026-02-26Epub Date: 2026-01-15DOI: 10.1111/fcre.70043
William Jason Murphy
{"title":"Teamwork makes the dream work: Increasing the use of alternative dispute resolution for custody battles","authors":"William Jason Murphy","doi":"10.1111/fcre.70043","DOIUrl":"10.1111/fcre.70043","url":null,"abstract":"<p>Litigating private matters in a public forum must become a thing of the past, especially when the litigation involves children. In an adversarial court system such as the one used in the U.S., parties become focused on winning and lose sight of what the best outcome for the family is. Using Alternative Dispute Resolution to decide matters of family law would help save parties time, money, and emotional harm, as well as create a more cooperative setting to decide family matters.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"64 1","pages":"154-168"},"PeriodicalIF":0.6,"publicationDate":"2026-02-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147565996","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 : 2026-02-26Epub Date: 2026-02-18DOI: 10.1111/fcre.70051
Mariah Webb
{"title":"Sexual healing: The case for a medical exception to the ban on prostitution","authors":"Mariah Webb","doi":"10.1111/fcre.70051","DOIUrl":"10.1111/fcre.70051","url":null,"abstract":"<p>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.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"64 1","pages":"112-123"},"PeriodicalIF":0.6,"publicationDate":"2026-02-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/fcre.70051","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147566814","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 : 2026-02-26Epub Date: 2026-01-13DOI: 10.1111/fcre.70042
Laura Merla, Bérengère Nobels
{"title":"From fortresses to open islands: Negotiating time, space, and material flows between parental homes in shared residential arrangements","authors":"Laura Merla, Bérengère Nobels","doi":"10.1111/fcre.70042","DOIUrl":"10.1111/fcre.70042","url":null,"abstract":"<p>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.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"64 1","pages":"15-32"},"PeriodicalIF":0.6,"publicationDate":"2026-02-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/fcre.70042","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147565521","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 : 2026-02-26Epub Date: 2025-12-23DOI: 10.1111/fcre.70035
Michael A. Saini
{"title":"New footprints on an old trail","authors":"Michael A. Saini","doi":"10.1111/fcre.70035","DOIUrl":"10.1111/fcre.70035","url":null,"abstract":"","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"64 1","pages":"10-11"},"PeriodicalIF":0.6,"publicationDate":"2026-02-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147568195","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 : 2026-02-26Epub Date: 2026-01-14DOI: 10.1111/fcre.70040
Georgina Dimopoulos, Eliza Hew
{"title":"“Courts are not … therapeutic agencies”: What role for therapeutic jurisprudence in Australian family law parenting disputes involving family violence?","authors":"Georgina Dimopoulos, Eliza Hew","doi":"10.1111/fcre.70040","DOIUrl":"10.1111/fcre.70040","url":null,"abstract":"<p>This article examines the role of therapeutic jurisprudence in Australian post-separation parenting disputes involving family violence. A recent appellate court decision has asserted that “courts are not, and cannot operate like, therapeutic agencies”. We engage with the therapeutic origins of the Family Court of Australia, the family courts' role in the “web of accountability” for family violence, the potential for judicial officers to motivate behavioral change in litigants, and therapeutic approaches to family law in various jurisdictions, to suggest how Australia's family courts may embrace therapeutic jurisprudence to promote the accountability of people who use violence, and the safety of those who experience it.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"64 1","pages":"83-99"},"PeriodicalIF":0.6,"publicationDate":"2026-02-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147565799","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 : 2026-02-26Epub Date: 2026-01-06DOI: 10.1111/fcre.70044
Michael A. Saini, Lisa Chung
{"title":"Transitions between homes in parenting plans: A Canadian perspective on legal considerations","authors":"Michael A. Saini, Lisa Chung","doi":"10.1111/fcre.70044","DOIUrl":"10.1111/fcre.70044","url":null,"abstract":"<p>Children and adolescents can experience a wide range of emotions when transitioning between their parents' homes after separation and divorce, including anticipation, distress, and fear. Even when they enjoy spending time at each parent's residence, changeovers can expose them to interparental conflict and loyalty conflicts. Poorly managed, these changeovers can have a direct impact on children's overall adjustment and sense of belonging. Despite the importance of these transitions, there is a noticeable lack of social science research on how to make them more child-centered. Family law professionals have traditionally paid little attention to managing changeovers within parenting plans and court orders. This study reviews over 20 years of Canadian court decisions to understand how judges handle these exchanges. Sixty-six court final decisions from across Canada reveal a wide variation in court orders regarding the specific needs of children and youth during these changeovers. The findings highlight the different ways judges address risks and protective factors during changeovers. Implications include the need to frame these changeovers within a comprehensive model extending beyond simple logistics and emphasizing the structure, process, and management of changeover planning as an essential part of developing parenting plans.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"64 1","pages":"54-73"},"PeriodicalIF":0.6,"publicationDate":"2026-02-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/fcre.70044","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147563572","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 : 2026-02-26Epub Date: 2026-01-07DOI: 10.1111/fcre.70041
Sarah J. Calvert
{"title":"Comment on changeovers, choices, and challenges—Understanding children's between-home transitions after parental separation","authors":"Sarah J. Calvert","doi":"10.1111/fcre.70041","DOIUrl":"10.1111/fcre.70041","url":null,"abstract":"<p>This Comment on the three articles in this Special Feature offers some key insights from this interesting line of inquiry on children's transitions between homes after parental separation. Anecdotal evidence abounds on stories of where children are caught in the crossfire of their parents’ conflict during transitions. Yet empirical data are sparse, and the issue of children's transitions between homes appears to have attracted little detailed discussion by family law and mental health professionals, especially in the crafting of parenting plans. So often what seems to occur in the margins of post-separation family life can shed light on the inner dynamics of family relationships and the inner worlds of children. The articles in this Special Feature have changed much of my thinking about this little discussed but important aspect of children's lives. The ideas are both conceptually intriguing and practically inviting for those of us who support children and young people after parental separation.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"64 1","pages":"74-82"},"PeriodicalIF":0.6,"publicationDate":"2026-02-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147563833","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}