Family Court Review最新文献_第7页

Coparenting and intimate partner violence 养育子女与亲密伴侣暴力

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Family Court Review Pub Date : 2023-12-10 DOI: 10.1111/fcre.12769

Jennifer L. Hardesty, Brian G. Ogolsky, Tanitoluwa D. Akinbode

{"title":"Coparenting and intimate partner violence","authors":"Jennifer L. Hardesty, Brian G. Ogolsky, Tanitoluwa D. Akinbode","doi":"10.1111/fcre.12769","DOIUrl":"10.1111/fcre.12769","url":null,"abstract":"Intimate partner violence (IPV) is a major public health issue across the globe due to its associations with health and wellbeing, especially among mothers and children. These associations are often more pronounced following separation or divorce, which can compromise safety given that women and children are at heightened risk during these transitions. Thus, it is critical to understand the implications of coparenting in the context of IPV. In this paper, we first discuss the literature on IPV broadly. In particular, we discuss the differences between two types of violence: coercive controlling violence (i.e., violence that occurs in the context of systematic control) and situational couple violence (i.e., violence that occurs without a pattern of control). We then link it to parenting and coparenting processes as they relate to separation and divorce. In this section, we focus heavily on the ways in which the legal system affects family dynamics as divorces make their way through the courts. Special attention is paid to the ways in which IPV affects child custody decisions and the safety of those decisions given empirical evidence suggesting that raising allegations of IPV often does not help achieve favorable court outcomes. We conclude with recommendations to guide family court practitioners based upon this substantial literature. Such recommendations center on the development and implementation of empirically-derived assessment tools as well as systematic training of legal professionals.","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"62 1","pages":"131-145"},"PeriodicalIF":0.8,"publicationDate":"2023-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/fcre.12769","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138686603","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

Engaging fathers who commit family violence: Issues and challenges for family courts 让实施家庭暴力的父亲参与进来：家庭法院面临的问题和挑战

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Family Court Review Pub Date : 2023-12-10 DOI: 10.1111/fcre.12768

Robert Nonomura, Dan Zamfir, Katreena Scott, Peter Jaffe, Shaz Bukhari, Lisa Heslop

{"title":"Engaging fathers who commit family violence: Issues and challenges for family courts","authors":"Robert Nonomura, Dan Zamfir, Katreena Scott, Peter Jaffe, Shaz Bukhari, Lisa Heslop","doi":"10.1111/fcre.12768","DOIUrl":"10.1111/fcre.12768","url":null,"abstract":"Intervention with fathers who commit family violence is an essential but often overlooked part of effective family court proceedings. This article provides an overview of how evidence-informed engagement with fathers around family violence can complement family court efforts to achieve safe and healthy outcomes for children. The focus on fathers is not based on bias against fathers, men, or masculinity, but rather it is consistent with the fact that fathers comprise a substantial proportion of those who use family violence. These men need more effective engagement and interventions. Fathers in these circumstances need to be engaged in services that can assess, monitor, and manage ongoing family violence and risk as well as develop skills to form more positive, healthy relationships with their children and children's mothers. Courts, in turn, need to consider evidence of accountability and change. Application and continued development of the strategies recommended herein would enhance the safety of mothers who experience violence, their children, and the well-being of fathers who have used family violence. Collaboration with community partners serving families must become cornerstones in promoting the safety for and with all family members.","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"62 1","pages":"97-111"},"PeriodicalIF":0.8,"publicationDate":"2023-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/fcre.12768","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138581641","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

Justice metamorphosis: Moving from reactive to proactive strategies to remotely protect families from intimate partner violence 司法蜕变：从被动反应到主动出击，远程保护家庭免受亲密伴侣暴力侵害

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Family Court Review Pub Date : 2023-12-06 DOI: 10.1111/fcre.12767

Alicia Davis, Sarah Vandenberg Van Zee, Conor Geiger

{"title":"Justice metamorphosis: Moving from reactive to proactive strategies to remotely protect families from intimate partner violence","authors":"Alicia Davis, Sarah Vandenberg Van Zee, Conor Geiger","doi":"10.1111/fcre.12767","DOIUrl":"10.1111/fcre.12767","url":null,"abstract":"The pandemic accelerated the adoption of remote access to courts through e-filing and virtual hearings. Concurrently, courts experienced an increase in intimate partner violence cases due in part to heightened stress during the pandemic. Virtual technology became crucial for individuals seeking relief from harm when traditional support systems were limited. However, remote proceedings lack the personal connection found in-person, making it challenging to handle complex cases involving parenting and intimate partner violence. Courts must strike a balance between protecting parents and children from abuse and ensuring due process and appropriate parenting time for the accused party. Some courts have considered the user experience in intimate partner violence and parenting cases, but as remote justice become the norm, it is essential for all courts to evaluate and refine the tools, policies, and procedures put in place during the emergency response to the pandemic to be more proactive in supporting court users. State courts in Kansas, North Carolina, and Arizona are cited as examples for efforts to enhance remote justice efficiency and quality in these cases involving intimate partner violence and parenting. Further research is recommended to explore the challenges and possibilities of using virtual technology in these situations.","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"62 1","pages":"86-96"},"PeriodicalIF":0.8,"publicationDate":"2023-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138548403","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

Remove the condom and you remove consent: Why the U.S. should adopt Australia's initiative as a guide to criminalize stealthing 去掉安全套，也就去掉了 "同意"：为什么美国应采纳澳大利亚的倡议，将偷情定为刑事犯罪？

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Family Court Review Pub Date : 2023-12-05 DOI: 10.1111/fcre.12774

Gianna Amore

引用次数: 0

Intimate partner violence screening for separating or divorcing parents: An introduction to the Mediator's Assessment of Safety Issues and Concerns-Short (MASIC-S) 分居或离婚父母的亲密伴侣暴力筛查:介绍调解员对安全问题和关注点的评估(MASIC-S)

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Family Court Review Pub Date : 2023-12-03 DOI: 10.1111/fcre.12762

Fernanda S. Rossi, Amy G. Applegate, Claire Tomlinson, Amy Holtzworth-Munroe

{"title":"Intimate partner violence screening for separating or divorcing parents: An introduction to the Mediator's Assessment of Safety Issues and Concerns-Short (MASIC-S)","authors":"Fernanda S. Rossi, Amy G. Applegate, Claire Tomlinson, Amy Holtzworth-Munroe","doi":"10.1111/fcre.12762","DOIUrl":"10.1111/fcre.12762","url":null,"abstract":"Intimate partner violence (IPV) is a leading cause of separation and/or divorce. IPV may not stop after separation, as parents who use IPV can continue intruding in the lives of parents who experience IPV due to unsafe parenting arrangements that allow continued frequent contact and thus risk further abuse. Therefore, it is critical that separating/divorcing parents be assessed for IPV and ongoing safety concerns. Parenting arrangements (e.g., physical and legal custody, parenting time) may not include the appropriate protections if IPV has not been uncovered and/or considered. Unfortunately, many existing IPV screens for family court processes have limitations. The Mediator's Assessment of Safety Issues and Concerns-Short (MASIC-S) was designed to address these limitations. Results from the MASIC-S may be used to inform and create parenting arrangements in the best interest of the child. We provide recommendations on how MASIC-S results can guide family court practitioners in parenting arrangement disputes. These recommendations are based on the existing literature and guidelines regarding the relationship between parenting arrangements and child-wellbeing following separation/divorce in the context of IPV. We also discuss areas in which additional research is needed to help determine parenting arrangements most suitable for separating/divorcing parents with a history of IPV.","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"62 1","pages":"15-30"},"PeriodicalIF":0.8,"publicationDate":"2023-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138493807","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

The lived experiences of children/young people in the Aotearoa-New Zealand family court system 新西兰家庭法院系统中儿童/年轻人的生活经历

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Family Court Review Pub Date : 2023-12-03 DOI: 10.1111/fcre.12773

Kath Orr, Annette Dickinson, Elizabeth Smythe

{"title":"The lived experiences of children/young people in the Aotearoa-New Zealand family court system","authors":"Kath Orr, Annette Dickinson, Elizabeth Smythe","doi":"10.1111/fcre.12773","DOIUrl":"10.1111/fcre.12773","url":null,"abstract":"This qualitative study explores the experiences of young people with professionals as they traverse the family court in Aotearoa-New Zealand. A hermeneutic phenomenological lens, based on the writings of Heidegger, Gadamer, van Manen and Buber, explored this phenomenon, which was embedded in the notion that young people need to have agency, the ability to act, to speak and to share their thoughts in matters that affect them. Six young people aged 8–16 years, four lawyers for the children, four specialist report writers (psychologists) and one parent were interviewed. Each interview was crafted into a story, which were then interpreted into “themes”, to allow the young person's experiences to be better understood and presented. This article focuses on one aspect of the young person's experiences as reported by them. The key insight was that the professional who engages in extra-ordinary listening about the young person's experience of what matters to them, can build a space of trust, the “between”, the gap between two people where mutual authenticity can exist, where discussion can occur, and where the professional can hear, respect and represent the young person's views at the decision-making phase of Court proceedings.","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"62 1","pages":"176-193"},"PeriodicalIF":0.8,"publicationDate":"2023-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/fcre.12773","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138493808","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

Guest editors' introduction to the 2024 special issue on family violence and parenting 特邀编辑对 2024 年 "家庭暴力与养育子女 "特刊的介绍

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Family Court Review Pub Date : 2023-12-03 DOI: 10.1111/fcre.12761

Robin M. Deutsch, Michael A. Saini, Leslie M. Drozd

引用次数: 0

January 2024 2024 年 1 月

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Family Court Review Pub Date : 2023-11-29 DOI: 10.1111/fcre.12760

Marsha Kline Pruett, Barbara A. Babb

引用次数: 0

Training parenting plan evaluators: Looking towards the future 培训育儿计划评估员：展望未来

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Family Court Review Pub Date : 2023-09-21 DOI: 10.1111/fcre.12754

Robert L. Kaufman, Robin M. Deutsch, April Harris-Britt

{"title":"Training parenting plan evaluators: Looking towards the future","authors":"Robert L. Kaufman, Robin M. Deutsch, April Harris-Britt","doi":"10.1111/fcre.12754","DOIUrl":"https://doi.org/10.1111/fcre.12754","url":null,"abstract":"Standards of practice for parenting plan evaluations continue to evolve, informed by advances in research and the development of innovative, evidence-based approaches to assessment and intervention. Parenting plan evaluators are asked to inform the court, parents, and other professionals on how to address the complex needs of increasingly diverse families amid reorganization, high conflict, and crisis. How can we attract and properly train new mental health professionals to do important work in an increasingly strained adversarial system? How can evaluators keep up with these advances over the course of their careers? How can they deepen and refine their skills to work with a diverse array of individuals, family constellations and an enormous range of family circumstances? And how can evaluators care for their own well-being and their colleagues? In this article, the authors describe a multi-dimensional approach to training both new and experienced custody evaluators that includes imparting baseline knowledge on how to conduct quality parenting plan evaluations as a starting point. We discuss a variety of modalities and approaches that can enable evaluators to deepen and expand their skills over the years, contribute to the diverse community of family law professionals, and manage the exceptional demands of working in this field.","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"61 4","pages":"719-733"},"PeriodicalIF":0.8,"publicationDate":"2023-09-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50140593","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: 1

Best practices for structuring a family court parenting plan evaluation under the 2022 AFCC Guidelines 根据2022年AFCC指南构建家庭法庭育儿计划评估的最佳实践

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Family Court Review Pub Date : 2023-09-21 DOI: 10.1111/fcre.12753

David A. Martindale, Leslie Ellen Shear

{"title":"Best practices for structuring a family court parenting plan evaluation under the 2022 AFCC Guidelines","authors":"David A. Martindale, Leslie Ellen Shear","doi":"10.1111/fcre.12753","DOIUrl":"https://doi.org/10.1111/fcre.12753","url":null,"abstract":"Evaluation appointment orders provide enforceable scaffolding for conduct of family court parenting plan evaluations, and use of the evaluator's reports, feedback, file, and testimony. Unlike a contract, a stipulated or adjudicated appointment order is directly enforceable by the family court. It unambiguously positions the evaluator as the family court's appointee – answerable directly to the court and, in some jurisdictions, protected by quasi-judicial immunity from damages claims. A well-crafted appointment order governs the roles and expectations of the court, the evaluator, the parties, the lawyers, and the collateral witnesses. An appointment order mandates the legal duties, rights, powers, and responsibilities of the professionals, the parties, and the collateral witnesses. At minimum, an appointment order articulates the legal basis for the appointment, the purpose and scope of the evaluation, compensation of evaluator, and the duty of the parties to participate in the process. A written evaluation protocol or procedures statement discloses in advance the methods of investigation and assessment that the evaluator intends to use. Together, the appointment order and written protocol help the evaluator, lawyers, parents, and judge manage the complexity of the evaluation process.","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"61 4","pages":"734-746"},"PeriodicalIF":0.8,"publicationDate":"2023-09-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50140595","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