Family Court Review最新文献

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Introduction to the Special Issue: Convening for the ABA Commission on Youth at Risk 特刊简介:召开美国律师协会风险青少年委员会会议
IF 0.7
Family Court Review Pub Date : 2024-09-20 DOI: 10.1111/fcre.12823
Charisa Smith
{"title":"Introduction to the Special Issue: Convening for the ABA Commission on Youth at Risk","authors":"Charisa Smith","doi":"10.1111/fcre.12823","DOIUrl":"https://doi.org/10.1111/fcre.12823","url":null,"abstract":"<p>Youth and families impacted by legal systems now resoundingly attest to the systems' lasting harm, echoed by interdisciplinary research. Lawyering thus requires a vastly renewed outlook, boldness, and honest inquiry about the limits of what the law and public systems can (and should) attempt as purported problem-solving amidst broader socioeconomic forces and injustice. This report synthesizes recommendations from a groundswell of diverse, dedicated voices following an October 2023 convening hosted by the American Bar Association Commission on Youth at Risk, the ABA Center on Children and the Law, and Hofstra University's Maurice A. Deane School of Law. Entitled “<i>Renewal and Revolution: Recommitting the Legal Profession to Serving Children and Youth</i>, <i>Their Families</i>, <i>and Communities</i>,<i>”</i> the convening engaged various professionals—many with firsthand experience in foster and justice systems— and other advocates. Since the 2006 <i>ABA Youth At Risk Initiative Planning Conference</i>, the ABA Commission on Youth At Risk has elevated the representation and voice of youth through ethical practice standards, expanded access, and national initiatives. This report recounts findings of the 2023 convening's four working groups which met for two-days of (often tense) discussions to chart a path for the legal profession, law, and policy for the next decade and beyond. Priorities include: transcending conceptions of youth “at risk” towards recognition of harms done, a strengths-based lens, and lived experience leadership and expertise; cultivating next generation attorneys; prioritizing early family defense and diversion; divesting from systems and re-investing directly with youth and families; and further eliminating racial disparities.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"62 4","pages":"757-759"},"PeriodicalIF":0.7,"publicationDate":"2024-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142524866","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
Solidarity in action: Collaborating with system-impacted youth to transform the juvenile (in)justice system through YPAR 行动中的团结:与受系统影响的青年合作,通过 YPAR 改变青少年(不)司法系统
IF 0.7
Family Court Review Pub Date : 2024-09-17 DOI: 10.1111/fcre.12827
Vera Lopez, Kayla Martensen, Michelle Diaz
{"title":"Solidarity in action: Collaborating with system-impacted youth to transform the juvenile (in)justice system through YPAR","authors":"Vera Lopez,&nbsp;Kayla Martensen,&nbsp;Michelle Diaz","doi":"10.1111/fcre.12827","DOIUrl":"10.1111/fcre.12827","url":null,"abstract":"<p>The juvenile “justice” system in the United States and the expansion of the carceral state into communities of color are deeply rooted in white supremacy. To challenge these oppressive systems, it is essential for system-impacted youth to have access to these subjugated histories. We argue that critical youth participatory action research (YPAR) is a powerful tool for providing these youth with the necessary exposure, space, and support to access these histories, develop critical consciousness, and transform their personal pain and experiences into reflection, collaboration, and actions aimed at challenging oppressive systems such as the juvenile legal system. To illustrate this potential, we present an overview of recent YPAR projects in partnership with system-impacted youth. We underscore the importance of system-impacted youth in meaningful, non-tokenistic ways. Concrete recommendations for supporting YPAR projects with system-impacted youth are provided.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"62 4","pages":"806-817"},"PeriodicalIF":0.7,"publicationDate":"2024-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142248857","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
Two is better than one: Let's get married! 两个总比一个好我们结婚吧
IF 0.7
Family Court Review Pub Date : 2024-09-17 DOI: 10.1111/fcre.12822
Cynthia Madrid
{"title":"Two is better than one: Let's get married!","authors":"Cynthia Madrid","doi":"10.1111/fcre.12822","DOIUrl":"10.1111/fcre.12822","url":null,"abstract":"<p>Marriage provides a key insight to American life. Marriage is a significant factor when analyzing our society and our current structure – a widening gap among social classes. The decline in marriages among middle and lower class reflects issues with education attainment and financial stability. Unfortunately, there has been no initiative to address the declining marriage rate. This Note proposes a two-alternative approach to implementing family-friendly policies and a nationwide network of Family Centers that will aid the current and next generation. Society will obtain a more educated, cooperative workforce, with a more stable family structure across all classes.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"62 4","pages":"1015-1028"},"PeriodicalIF":0.7,"publicationDate":"2024-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142248858","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
Child custody cases now & then: From Kramer versus Kramer to Marriage Story 儿童监护权案件的今昔对比:从克拉默对克拉默到婚姻故事
IF 0.7
Family Court Review Pub Date : 2024-09-12 DOI: 10.1111/fcre.12815
Alexandra Crampton
{"title":"Child custody cases now & then: From Kramer versus Kramer to Marriage Story","authors":"Alexandra Crampton","doi":"10.1111/fcre.12815","DOIUrl":"10.1111/fcre.12815","url":null,"abstract":"<p>In the 1970s, the movie <i>Kramer</i> versus <i>Kramer</i> dramatized the destructiveness of child custody disputes. It helped inspire family law reform and careers. The central problem identified was an adversarial system and hostile litigation. The proposed solution was alternative dispute resolution (ADR). Over time, these alternatives became an integral part of the family law response to child custody cases, except in cases of vulnerable parties. Today's parents are under greater legal and social pressure to resolve disputes without resorting to court. This can be welcomed and resisted by parents. This article focuses on parental resistance to dispute resolution over litigation through a return to Hollywood. The movie <i>Marriage Story</i> is used to show how parents might feel alienated rather than relieved by opportunity to cooperatively problem-solve differences. Implications are explored in part through drawing from ethnographic research on parents who engaged in mediation through a U.S. family court program and through two Australian Family Relationship Centres (FRC).</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"62 4","pages":"962-984"},"PeriodicalIF":0.7,"publicationDate":"2024-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142223945","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
Marriage as a hustle: The evolution of property law and the arrival of same-sex marriage in Cuba 婚姻是一种喧嚣:财产法的演变与古巴同性婚姻的到来
IF 0.7
Family Court Review Pub Date : 2024-09-12 DOI: 10.1111/fcre.12818
Libby Adler
{"title":"Marriage as a hustle: The evolution of property law and the arrival of same-sex marriage in Cuba","authors":"Libby Adler","doi":"10.1111/fcre.12818","DOIUrl":"10.1111/fcre.12818","url":null,"abstract":"<p>This paper tells the coinciding stories of same-sex marriage's arrival in Cuba and the evolution of Cuban property law. It argues that greater privatization in the Cuban system, including access to real estate ownership and small-scale entrepreneurship, contributed to (did not solely determine) the advent of same-sex marriage even though it was, practically speaking, wholly unnecessary to the goal of equalizing same-sex couples with regard to property rights. Same-sex marriage nonetheless scaled the priority list for advancing the interests of gays and lesbians in Cubans due, at least in part, to the <i>discursive</i> entwinement of marriage and property allocation including the “common sense” assumption that marriage is a regime of material benefits access to which determines whether gays and lesbians are being treated equally.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"62 4","pages":"863-876"},"PeriodicalIF":0.7,"publicationDate":"2024-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/fcre.12818","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142181907","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}
引用次数: 0
That's amore?: Intimate partner femicide in Italy and the failures of the Italian legislature to prevent violence against women 这是爱吗?意大利亲密伴侣杀戮女性问题与意大利立法机构在预防暴力侵害妇女行为方面的失误
IF 0.7
Family Court Review Pub Date : 2024-09-10 DOI: 10.1111/fcre.12825
Deanna Cinquemani
{"title":"That's amore?: Intimate partner femicide in Italy and the failures of the Italian legislature to prevent violence against women","authors":"Deanna Cinquemani","doi":"10.1111/fcre.12825","DOIUrl":"10.1111/fcre.12825","url":null,"abstract":"<p>Intimate partner femicide has caused growing concern in Italy, as instances continue to occur frequently. The Italian legislature has a long history of legislation that failed to protect women from violence, especially within their family units. Despite significant improvements to legislation over the last few decades, the problem of intimate partner femicide persists. This Note focuses on the failures of the penal code and accompanying statutes in preventing intimate partner femicide. The proposal is for legislation that will impose higher sentences for intimate partner homicide, remove judicial discretion in sentencing procedures, and require anti-violence and gender equality education in schools.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"62 4","pages":"985-999"},"PeriodicalIF":0.7,"publicationDate":"2024-09-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142181906","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
Exploring litigation abuse in Ontario: An analysis of costs decisions 探索安大略省的诉讼滥用:费用裁决分析
IF 0.7
Family Court Review Pub Date : 2024-09-10 DOI: 10.1111/fcre.12819
Nicholas Bala, Ella Benedetti, Sydney Franzmann
{"title":"Exploring litigation abuse in Ontario: An analysis of costs decisions","authors":"Nicholas Bala,&nbsp;Ella Benedetti,&nbsp;Sydney Franzmann","doi":"10.1111/fcre.12819","DOIUrl":"10.1111/fcre.12819","url":null,"abstract":"<p>Litigation abuse is a pattern of conduct that misuses the Family Court process in a way that could reasonably be expected to cause emotional or financial harm to the other party or their children which is greater than would occur with the proper use of the family justice process. Litigation abuse may be motivated by a perpetrator's desire to gain an unfair advantage in the litigation or to control a former partner, or may be the result of anger, vengeance, or mental health issues. Litigation abuse is a particular concern in cases of coercive controlling violence that may victimize women and their children, or in cases that involve parental alienation. Previous empirical research has mainly involved studies of women who report that they have been victims of litigation abuse, with one study focusing exclusively on male victims. No previous study has considered both men and women as possible victims (or perpetrators) of litigation abuse, or the perspectives of neutral professionals like judges for assessing whether there has been litigation abuse. This empirical research project is based on an analysis of Ontario Family Court decisions over a three-year period dealing with litigation costs, which under provincial law may be awarded at a higher level against a party whom the judge considers acted unreasonably, vexatiously or in bad faith during litigation (<i>n</i> = 222). Men were somewhat more likely to have engaged in litigation abuse than women (53% vs 47%). Self-represented litigants were roughly twice as likely to engage in litigation abuse, though most cases of litigation abuse involved parties with lawyers. Women were more likely be victims of litigation abuse in economic cases, while men were more likely to be victims of litigation abuse in cases focused on parenting.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"62 4","pages":"936-961"},"PeriodicalIF":0.7,"publicationDate":"2024-09-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/fcre.12819","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142181905","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}
引用次数: 0
October 2024 芭芭拉-巴布的十月社论说明
IF 0.7
Family Court Review Pub Date : 2024-09-05 DOI: 10.1111/fcre.12824
Barbara A. Babb, Marsha Kline Pruett
{"title":"October 2024","authors":"Barbara A. Babb,&nbsp;Marsha Kline Pruett","doi":"10.1111/fcre.12824","DOIUrl":"10.1111/fcre.12824","url":null,"abstract":"","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"62 4","pages":"754-756"},"PeriodicalIF":0.7,"publicationDate":"2024-09-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142181932","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
Educating for change: A meta-analysis of education programs for separating and divorcing parents 教育促进变革:针对分居和离婚父母的教育计划荟萃分析
IF 0.7
Family Court Review Pub Date : 2024-07-24 DOI: 10.1111/fcre.12801
Michael A. Saini, Samantha Corrente
{"title":"Educating for change: A meta-analysis of education programs for separating and divorcing parents","authors":"Michael A. Saini,&nbsp;Samantha Corrente","doi":"10.1111/fcre.12801","DOIUrl":"10.1111/fcre.12801","url":null,"abstract":"<p>Parent education programs have been designed explicitly for separated and divorced parents. These programs typically aim to help parents navigate the challenges of co-parenting, reduce their children's exposure to interparental conflict, and promote their children's well-being post-separation and divorce. Evaluating the effectiveness of parent education programs has been challenging, given the heterogeneity of formats, duration, and settings of these programs. This meta-analytic review aimed to complete a compressive search of relevant studies of parent education programs for separated and divorced parents. Among 40 studies, 103 treatment effects were included across education programs. The overall weighted standardized mean difference across all education programs was 0.24 (CI = 0.14, 0.34, <i>Q</i> = 1274.69, <i>df</i>: 97, <i>p</i> &lt; 0.001, <i>I</i><sup>2</sup> = 0.96.7), but these small effects were not maintained at follow-up (ES 0.00, CI: −0.09, 0.09). Given the considerable heterogeneity across effect sizes, a meta-regression and multiple regressions were computed to assess the influence of moderator variables. This review provides further evidence of the effectiveness of parent education programs. Implications are provided to create evidence-based guidelines.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"62 3","pages":"512-541"},"PeriodicalIF":0.7,"publicationDate":"2024-07-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/fcre.12801","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141779381","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}
引用次数: 0
Raised by machines—Children's collection of information as a catalyst for the creation of AI complaisant consumers 机器养育--儿童收集信息催生人工智能消费者
IF 0.7
Family Court Review Pub Date : 2024-07-15 DOI: 10.1111/fcre.12813
Juliette Matchton
{"title":"Raised by machines—Children's collection of information as a catalyst for the creation of AI complaisant consumers","authors":"Juliette Matchton","doi":"10.1111/fcre.12813","DOIUrl":"10.1111/fcre.12813","url":null,"abstract":"<p>Privacy laws have yet to effectively deal with the ever-growing implementation of predictive technologies, such as artificial intelligence (AI), making critical decisions for children. To resolve this issue, COPPA should be revised, and a new division of the Federal Trade Commission (FTC) should be created to provide a central informational source on the risks related to AI− a more effective means for parents to determine what types of data are being collected and used by AI, and allow parents to provide prior express consent for such usage.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"62 3","pages":"716-730"},"PeriodicalIF":0.7,"publicationDate":"2024-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141647760","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
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