{"title":"Inadequate housing is not neglect: How the family regulation system punishes parents for a housing crisis out of their control","authors":"Ainslie Martin","doi":"10.1111/fcre.12857","DOIUrl":"https://doi.org/10.1111/fcre.12857","url":null,"abstract":"<p>This article examines the role that inadequate housing plays in key stages of a family regulation case. Inadequate housing is broadly defined as any housing related issue that a family regulation agency might consider relevant to a child's safety. With some of the highest housing costs in the country, New York City presents an interesting case study on the impact of inadequate housing on involvement with the family regulation system. Despite providing an explicit defense for parents who cannot afford to provide housing for their children, New York law and policy routinely facilitates the removal of children from their families, the adjudication of parents as neglectful, and even the termination of parental rights, due to inadequate housing. In this way, the family regulation system unfairly punishes parents for housing issues outside of their control and to the detriment of the children the system purports to protect. In order to prevent unnecessary and harmful family separations related to inadequate housing, New York should allocate more funding towards increasing both the supply of affordable housing and the availability of subsidized housing programs. Though limited to budget constraints, the state could finance this by shifting funding away from the family regulation system and towards subsidized housing instead. Additionally, narrowing New York's mandatory reporting and state central registry laws could help limit the negative impact housing issues have on affected families.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"63 2","pages":"368-382"},"PeriodicalIF":0.7,"publicationDate":"2025-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143871476","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":"Securing our tomorrow by caring for America's children today: Implementing an attainable universal child care model in the United States","authors":"Maya Sabu","doi":"10.1111/fcre.12850","DOIUrl":"https://doi.org/10.1111/fcre.12850","url":null,"abstract":"<p>The United States continues to grapple with the overwhelming lack of affordable child care facilities and resources available to parents. The rising child care costs continue to disproportionately impact low-income families, families of color, and women. The struggle to find affordable care leaves many individuals with the difficult decision to change their career paths or leave the workforce entirely to provide care for their children. Child care programs serve many benefits to both children and parents. This Note proposes a new discretionary universal child care model that addresses modern issues in child care through the culmination of previous child care reform efforts. The proposed program will leave states the choice to implement the new model with an incentive program to bolster support and performance of the legislation.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"63 2","pages":"354-367"},"PeriodicalIF":0.7,"publicationDate":"2025-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143871920","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":"Don't throw the baby out with the bathwater: Protecting children against CSAM deepfakes without banning ai technology","authors":"Jasmine Ende","doi":"10.1111/fcre.12854","DOIUrl":"https://doi.org/10.1111/fcre.12854","url":null,"abstract":"<p>The concept and dangers of social media and Child Sexual Abuse Material (CSAM) are not new; however, new issues have developed with the promulgation of artificial intelligence and the creation of deepfake media. Children are being adversely affected by deepfakes in a whole new way, which is reflected by the lack of legislation in this area. This, along with the increasing public accessibility to manipulate media, has created ever-growing dangers, which the country is not prepared to handle. This Note opposes banning AI technology, and instead proposes a two-part federal legislation to provide criminal and civil penalties for CSAM deepfakes.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"63 2","pages":"324-338"},"PeriodicalIF":0.7,"publicationDate":"2025-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143871919","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}
Tracy Ann Moore-Grant, Stephanie Robins, Neena Saxena, Suchika Siotia
{"title":"The impact of cultural competence in family law: An overview of Buddhism, Islam, Hinduism, and Judaism","authors":"Tracy Ann Moore-Grant, Stephanie Robins, Neena Saxena, Suchika Siotia","doi":"10.1111/fcre.12847","DOIUrl":"https://doi.org/10.1111/fcre.12847","url":null,"abstract":"<p>In contemporary multicultural societies, the family law profession requires a nuanced understanding of diverse cultural backgrounds to facilitate equitable and effective resolutions. Cultural competence in the family law profession entails recognizing and respecting the beliefs, values, and practices of individuals from different cultural backgrounds. Understanding the impact of religion on family dynamics, decision-making processes, and conflict resolution is essential for family law professionals to navigate sensitive issues such as divorce, custody arrangements, and parental rights. By delving into the teachings, traditions, and rituals of Buddhism, Islam, Hinduism, and Judaism, this paper elucidates the unique cultural considerations that influence family law disputes within these religious communities. It examines key aspects such as dietary preferences, religious observances, and extended family dynamics, shedding light on how these factors shape co-parenting arrangements and legal proceedings. Furthermore, this paper underscores the importance of incorporating cultural sensitivity into the family law process to promote mutual understanding, respect, and cooperation among parties. By fostering an environment where diverse religious perspectives are acknowledged and valued, mediators can facilitate more equitable and satisfactory outcomes for families from different cultural backgrounds. Ultimately, this paper advocates for the integration of cultural competence training into family law practices, emphasizing the need for mediators to continuously educate themselves on the religious and cultural nuances of the diverse populations they serve. By embracing cultural competence, family law practitioners can better serve the needs of all families, regardless of their religious affiliations, and contribute to a more inclusive and just legal system.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"63 1","pages":"86-104"},"PeriodicalIF":0.7,"publicationDate":"2025-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143253438","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}
Stef Sloan, Katherine A. Kuvalanka, Nesta N. Johnson, Cammy Bellis, Leah Davis
{"title":"Custody cases involving transgender and gender-expansive youth: Building toward best practices using interdisciplinary and child-centered perspectives","authors":"Stef Sloan, Katherine A. Kuvalanka, Nesta N. Johnson, Cammy Bellis, Leah Davis","doi":"10.1111/fcre.12846","DOIUrl":"https://doi.org/10.1111/fcre.12846","url":null,"abstract":"<p>There is an increasing number of high-conflict custody cases involving transgender and gender expansive (TGE) youth within family courts. The current sociopolitical climate, giving rise to an unprecedented amount of anti-transgender legislation, adds further complexity to decision-making and creates a contentious and unpredictable climate for TGE youth and affirming parents in family court. Although researchers in health, child development, and well-being have generated a robust body of evidence supporting the importance of affirming family and community for TGE youth, there remains a disconnect between evidence-based best practices and actual practice in the family courts. Courts are frequently diverted by the question of whether the child is TGE, or who is “to blame” for the child's TGE identity, rather than seeking to determine which parent is better able to meet the needs of the whole child—including, but not limited to, needs related to the child's gender identity and expression. Contested custody litigation provides an opportunity for family courts to prevent harm and promote the well-being of TGE youth and families by facilitating access to care, education, and support, which can promote more effective approaches to decision-making for complex cases involving TGE youth, and better establish post-separation success for families. This paper proposes a mental map that leverages the body of interdisciplinary research on gender identity development and expression coupled with the use of a child-centered approach, and provides strategies for applying the mental map, with the goal of improving family court practices for cases involving TGE youth.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"63 1","pages":"52-70"},"PeriodicalIF":0.7,"publicationDate":"2025-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143253439","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":"Born this way and stuck in the middle: The queer child at the center of parental conflict1","authors":"Lindsey Sank Davis, Nathaniel Currie","doi":"10.1111/fcre.12844","DOIUrl":"https://doi.org/10.1111/fcre.12844","url":null,"abstract":"<p>While there is significant extant literature on lesbian, gay, bisexual, transgender, queer, and other sexual orientation and gender minority (LGBTQ+) parents and a large and growing body of research on the mental health of LGBTQ+ youth, there remains a dearth of empirical literature focused on the experiences of LGBTQ+ youth facing parental conflict, separation, and divorce. This unfortunate trend is telling as to the perceived legitimacy of LGBTQ+ identities in children and adolescents and highlights critical gaps in need of amelioration. This paper reviews and applies interdisciplinary research on LGBTQ+ youth and families, addressing complex questions raised by two de-identified cases involving the navigation of co-parenting conflicts surrounding a bisexual adolescent and a transgender adolescent. The literature review highlights the heightened mental health risks LGBTQ+ youth experience due to minority stress and familial rejection. The wider sociopolitical and legal contexts affecting LGBTQ+ youth and their families, including the harmful effects of anti-LGBTQ+ legislation, are also addressed. Family court professionals are advised to take a careful multi-perspective approach to cases involving LGBTQ+ youth and to engage in advocacy and educational efforts in their respective fields to foster inclusive and supportive psycholegal environments for LGBTQ+ families in the United States and worldwide.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"63 1","pages":"120-137"},"PeriodicalIF":0.7,"publicationDate":"2025-01-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143252716","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":"Gaslight, gatekeep, girlboss: Succession support for daughters in the family business","authors":"Alexa M. Sabatini","doi":"10.1111/fcre.12837","DOIUrl":"https://doi.org/10.1111/fcre.12837","url":null,"abstract":"<p>The recent rise in the number of daughters taking over their family businesses has attracted the attention of both the media and academia. This may be attributed to a general societal push towards gender equality and the recent focus on the “me too” movement. Some scholars even assert a trend away from male-dominated workplaces and making massive strides towards gender equality in the workplace. This phenomenon has also demonstrated the immense difficulties businesses face when experiencing shifts in leadership, emphasizing that more can be done to support women in their pursuit of success. This Note proposes per-share, incremental discounts for women-run family firms listed on the NYSE, supporting cultural change from within.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"63 1","pages":"202-216"},"PeriodicalIF":0.7,"publicationDate":"2025-01-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143252751","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":"Consideration of culture in Canadian courtrooms: Before and after the Divorce Act amendments","authors":"Terry Singh, Traci Bannister, Marc Massie","doi":"10.1111/fcre.12842","DOIUrl":"https://doi.org/10.1111/fcre.12842","url":null,"abstract":"<p>In Canada, the federal <i>Divorce Act</i> was revised in 2021 to include enumerated best interests factors which include a child's linguistic, religious, cultural, and spiritual heritage and upbringing, including Indigenous heritage. In this study, the authors examine how Canadian courtrooms engaged in the consideration of cultural factors prior to the recent <i>Divorce Act</i> amendments and compare these findings to decisions published following the amendments that mandated this specific consideration. Specific manners in which the courts have considered culture are identified, and the resulting three ‘clusters’ of decisions—including those cases (a) prioritizing a child's established culture, (b) weighing the child's greater involvement with one culture versus increased bicultural competence, and (c) considering the effect on the child of the cultural interaction—are compared pre- and post- the recent <i>Divorce Act</i> amendments. Implications for family court professionals are discussed.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"63 1","pages":"36-51"},"PeriodicalIF":0.7,"publicationDate":"2025-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143252433","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":"Introduction: Family court review special issue on the importance of cultural considerations in parental access matters","authors":"April Harris-Britt, Chioma Ajoku","doi":"10.1111/fcre.12833","DOIUrl":"https://doi.org/10.1111/fcre.12833","url":null,"abstract":"","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"63 1","pages":"8-9"},"PeriodicalIF":0.7,"publicationDate":"2025-01-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143249541","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}