Family Court Review最新文献

{"title":"A series of unfortunate events: The consequences of lacking a federal minimum age for criminal responsibility","authors":"Sneha Sajan","doi":"10.1111/fcre.70030","DOIUrl":"https://doi.org/10.1111/fcre.70030","url":null,"abstract":"<p>The United States imprisons juvenile delinquents at a rate higher than any other country in the world. This is likely due to the lack of a federal standard for a minimum age to try children as adults. While states scramble to find the appropriate response, youth offenders are left as collateral in a vicious loop of recidivism. This Note explores the lack of a national standard in establishing criminal responsibility for trying children and proposes a hybrid solution of the Convention on the Rights of the Child and Raise the Age legislation to promote rehabilitation and re-entry pathways for youth offenders.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"63 4","pages":"875-888"},"PeriodicalIF":0.6,"publicationDate":"2025-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145450061","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 mediator's approach to children's participation in family mediation: A comparative study in Lithuania, Poland and Ukraine","authors":"Joanna Mucha,&nbsp;Anna Cybulko,&nbsp;Iryna Izarova,&nbsp;Anzhela Krychyna,&nbsp;Agnė Tvaronavičienė","doi":"10.1111/fcre.70034","DOIUrl":"https://doi.org/10.1111/fcre.70034","url":null,"abstract":"<p>This study presents the results of research conducted among Lithuanian, Polish, and Ukrainian mediators on the issue of involving children in mediation in matters which concern them in order to hear their voice. The aim of the study was to establish the actual state of art, and therefore the scope, frequency and methods of involving children in mediation, as well as the expectations and preferences of mediators in this regard. The views of mediators regarding their role in mediation involving children were also sought. The results of the study prove that mediators agree on the need to hear a voice of children in family mediation. They also outline the practice of involving children in mediation, which is predominantly based on indirect methods. This study shows the great similarity between the studied groups, their characteristics, their perceptions of mediation and the role of a mediator and their opinions on how to secure the hearing of the child's opinion in mediation. This may prove the universal nature of the subject matter concerning conflict resolution, mediation and the protection of children's rights.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"63 4","pages":"822-844"},"PeriodicalIF":0.6,"publicationDate":"2025-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145450060","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":"Who cares? The legal (non)recognition of caregiving by single and childfree aunts in Taiwan","authors":"Chao-ju Chen","doi":"10.1111/fcre.70032","DOIUrl":"https://doi.org/10.1111/fcre.70032","url":null,"abstract":"<p>Aunts remain the “forgotten kin” in family and kinship care studies, which largely center on parenthood and coupledom. Existing literature tends to subsume them under the broad category of extended family members, devoting scant scholarly attention to aunthood as a distinct category or to the relationship between aunthood and the law. This article addresses that gap and contributes to singlehood studies by examining the legal treatment of aunt care in Taiwan, focusing on single and childfree aunts (“SACAs”) within a social-legal context where patrilineality and patrilocality persist despite the law's formal neutrality. It asks what the family might look like if aunts were placed at the center, mapping their legal status in comparison to other kin and showing that the law positions them as remote third parties to parenthood. Drawing on court decisions, the article analyzes SACAs' roles in supplemental and nonparent primary care, as well as their pathways toward legal parenthood. SACAs providing supplemental care are sometimes acknowledged as part of their siblings' extended family care support network, enhancing their siblings' post-divorce custody claims. Yet their caregiving rarely translates into legal entitlements; claims for dependent tax benefits are frequently denied due to narrow co-residence definitions and singlism. SACAs acting as nonparent primary caregivers may be appointed as legal guardians and recognized as surrogate mothers, particularly when parents are absent or when sibling ties would be strengthened, but the transition from aunthood to motherhood is often fraught with obstacles, as courts remain reluctant to recognize multi-parent families and sometimes exhibit singlism. The article calls for law and policy reforms to acknowledge SACAs' caregiving, broaden recognition of diverse family structures, and resist the privatization of dependency. An aunt-centered approach challenges the marriage paradigm and the parent dyad, advancing a vision of law that better reflects the diversity of caregiving and family formations.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"63 4","pages":"745-765"},"PeriodicalIF":0.6,"publicationDate":"2025-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/fcre.70032","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145449830","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}

{"title":"Strengthening military and veteran couple relationships: A rapid review of the effectiveness of relationship education for military couples","authors":"Jody Hughes,&nbsp;Luke B. Gahan,&nbsp;Jessica Smart,&nbsp;Lakshmi Neelakantan","doi":"10.1111/fcre.70023","DOIUrl":"https://doi.org/10.1111/fcre.70023","url":null,"abstract":"<p>This rapid review examined evidence on the effectiveness of couple relationship education (CRE) in strengthening military couple relationships. It sourced published evaluations of programs adapted for, or delivered to, current or ex-serving military personnel and their partners within Australia, New Zealand, Canada, the UK and the USA, between January 2010 and June 2024. Relationship outcomes examined include couple relationship satisfaction, quality, strength, stability, communication, interaction, connection, conflict resolution, and prevention of violence. Process evaluation measures were also compared. The quality and overall strength of the evidence (quality, direction and consistency) were reviewed, as were participant characteristics that moderate program effects. Twenty articles were included in the review, reporting on 15 studies of 10 programs. One study was from Australia, and the rest were from the USA. The review confirms the value of providing CRE for military and veteran couples experiencing relationship issues, and as a preventative strategy, to help them better manage the unique demands of military service life.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"63 4","pages":"640-669"},"PeriodicalIF":0.6,"publicationDate":"2025-10-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145450056","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":"Agreements to waive paternity","authors":"Shahar Lifshitz","doi":"10.1111/fcre.70027","DOIUrl":"https://doi.org/10.1111/fcre.70027","url":null,"abstract":"<p>This article examines the legal and ethical status of agreements to waive paternity in cases of unintended pregnancies and contrasts them with legal regimes governing anonymous and known sperm donations. Although these scenarios often result in the same functional outcome—severance of the biological father's legal relationship with the child—they are treated inconsistently by legal systems. The article critiques prevailing approaches grounded in contract, the best interests of the child (BIRC), and the right to parenthood, and demonstrates their analytical and policy limitations. As an alternative, the article proposes a novel framework based on a social-institutional conception of parenthood. This framework emphasizes the ethics of parenting and the need to distinguish legally between “parents” and “donors” as separate institutional roles. It supports prohibiting paternity waivers while justifying sperm donation—under carefully regulated conditions—as a legitimate social institution. The article offers policy guidelines for regulating sperm donations, particularly those involving known donors, and calls for coherent legal categories aligned with ethical and institutional principles of parenting.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"63 4","pages":"766-787"},"PeriodicalIF":0.6,"publicationDate":"2025-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/fcre.70027","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145449870","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}

{"title":"Benchmarking age-gates","authors":"Katharine Silbaugh","doi":"10.1111/fcre.70015","DOIUrl":"https://doi.org/10.1111/fcre.70015","url":null,"abstract":"<p>This article examines how legal actors—particularly legislators, judges, and attorneys—invoke chronological age to justify the application of legal rules to adolescents. In doing so, they often rely on comparisons to existing “age-gates,” treating these thresholds (such as ages 18 or 21) as self-justifying reference points. Age 18, marking the legal transition from childhood to adulthood, and age 21, the former age of majority and current sales age for certain controlled substances, serve as especially powerful rhetorical anchors in age-based legal reasoning. These anchor points shape how legal actors advocate for or against particular age thresholds, often substituting analogy for substantive justification. This article argues that the rhetorical force of anchor age-gates is difficult to avoid, and therefore age-gates in one area are likely to influence decisions about other age-gates in other areas. Legal actors should recognize the influence of benchmarking arguments and cannot avoid responsibility for the risk that their advocacy in one context will be misused in another. At the same time, legal actors should resist treating age-gates as inherently dispositive. Instead, decision-makers should supplement age-based comparisons with principled reasoning grounded in the purposes and effects of the legal rule at issue. The article concludes by exploring the status-transforming quality of legal marriage and its implications for determining the appropriate age of legal consent to marry.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"63 4","pages":"788-807"},"PeriodicalIF":0.6,"publicationDate":"2025-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145449869","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":"Making it work: Custodial caregiver experiences with third-party supervised visitation","authors":"Jeanelle S. Sears,&nbsp;Jordan Wilfong,&nbsp;Paige Olah","doi":"10.1111/fcre.70031","DOIUrl":"https://doi.org/10.1111/fcre.70031","url":null,"abstract":"<p>Supervised parenting, commonly referred to as supervised visitation, is a growing service with limited research examining its impact on families. Compared with research on non-custodial parents, less is known about how custodial caregivers navigate this service to support their children both before and after supervised time with non-custodial parents. This is of particular importance given common histories of high conflict and often violence among those participating in these services. This qualitative study involved conducting individual semi-structured interviews with caregivers to understand their perspectives on the impact of supervised parenting time for both them and the children in their custody. The findings reveal the complexity of third-party supervised parenting arrangements, which require significant effort for custodial caregivers to manage. Custodians initially faced apprehensions and struggled to maintain stability and normalcy for their children amidst intrusive schedules and systemic frustrations. While some participants achieved peace of mind, others faced ongoing challenges due to inconsistent practices and communication from the service providers. Overall, the essence of participant experiences was one of simply <i>making it work</i>, driven by a steadfast commitment to their children's stability and normality. Implications include the need to establish research-supported best practices and guidelines that further acknowledge and incorporate family and community diversity.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"63 4","pages":"808-821"},"PeriodicalIF":0.6,"publicationDate":"2025-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145449871","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":"Young children's understanding of military family life: Co-creating educational and therapeutic resources using children's voices","authors":"Marg Rogers,&nbsp;Margaret Sims,&nbsp;Amy Johnson,&nbsp;Michelle Gossner,&nbsp;Einar B. Thorsteinsson","doi":"10.1111/fcre.70033","DOIUrl":"https://doi.org/10.1111/fcre.70033","url":null,"abstract":"<p>Young children from military families often struggle to comprehend the changes occurring within their households due to parental training and deployment. This paper (a) presents children's understandings of their experiences in Australian military families in a study, and then (b) provides an example of how we used children's voices to co-create free psychosocial resources to better support this cohort, which can be employed by those working with these families. A participatory Mosaic Approach was employed to capture the voices of 19 young children. Inductive thematic analysis viewed through a socio-cultural lens revealed that children's understandings can be improved through educational activities using age-appropriate and culturally relevant resources, encouraging discussions and educational activities. These findings are significant as they capture and amplify the voices of young children in military families. This served as a catalyst for a co-creation project, resulting in a suite of psychosocial resources based on these findings and other lived experience narratives, relevant literature, and the insights of those who assist these families. These free online resources allow these children to thrive rather than merely survive. This will interest military family researchers, policymakers within military organizations, and those supporting these families.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"63 4","pages":"601-618"},"PeriodicalIF":0.6,"publicationDate":"2025-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145449797","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":"Developing a formal model of peer support for bereaved military families: A co-production and evidence-based approach","authors":"Gill McGill,&nbsp;Shannon Allen,&nbsp;Alison K. Osborne,&nbsp;Jessica Gates","doi":"10.1111/fcre.70020","DOIUrl":"https://doi.org/10.1111/fcre.70020","url":null,"abstract":"<p>This study aimed to develop a formal model of peer support for bereaved military families in the United Kingdom (UK) that is co-designed, inclusive, and integrated within the existing bereavement support system, without requiring affiliation with specific associations. The need for such a model was identified through a previous study (McGill et al., 2022), which examined the long-term impact of military bereavement and recommended the development of peer support tailored to the short, medium, and long-term needs of bereaved families. In response, the present research adopted an applied mixed-methods approach, incorporating a systematic narrative review, online survey, expert consultation, and co-production workshops. This iterative, multi-phase process ensured the resulting pilot framework was grounded in the lived experiences of those affected by sudden or traumatic military loss. The findings informed the co-production of an evidence-based peer support model intended to enhance, compliment, and extend the nature and reach of existing bereavement services.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"63 4","pages":"701-714"},"PeriodicalIF":0.6,"publicationDate":"2025-10-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/fcre.70020","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145449850","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}

{"title":"Love lost, borders crossed: Ensuring U.S. divorcees have their marital distributions enforced in the Caribbean","authors":"Joshua Richards","doi":"10.1111/fcre.70024","DOIUrl":"https://doi.org/10.1111/fcre.70024","url":null,"abstract":"<p>When U.S. spouses receive marital distributions, some or all of their assets may be unreachable because they are held in the Caribbean. This note examines why U.S. marital distributions are not recognized and enforced in specific Caribbean nations. This note further explores the procedural difficulty of litigating in Caribbean courts. This note argues to amend the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters in order to lift the ban on marital distributions. This note also addresses key counterarguments to this proposed amendment of the treaty–specifically the hesitancy of some Caribbean nations to sign on.</p>","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"63 4","pages":"860-874"},"PeriodicalIF":0.6,"publicationDate":"2025-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145449951","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}