Family Court Review最新文献_第9页

The Restatement of the Law: Children and the Law – An important tool for judges as well as practitioners 《法律重述：儿童与法律》是法官和律师的重要工具

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Family Court Review Pub Date : 2025-07-01 DOI: 10.1111/fcre.70009

Holly J. Fujie

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PPD, find out what it means to me: Why improved access to mental health care is necessary for new mothers in the early postpartum period 产后抑郁症，看看这对我意味着什么：为什么在产后早期，改善获得精神卫生保健的机会对新妈妈来说是必要的

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Family Court Review Pub Date : 2025-07-01 DOI: 10.1111/fcre.70003

Nicole S. Mancuso

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Appropriate parenting arrangements in cases of intimate partner violence and coercive control: From research and legislative reform to changes in practice 亲密伴侣暴力和强制控制情况下的适当养育安排：从研究和立法改革到实践变化

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Family Court Review Pub Date : 2025-07-01 DOI: 10.1111/fcre.70002

Peter Jaffe, Nicholas Bala, Archana Medhekar, Katreena Scott, Casey Oliver

{"title":"Appropriate parenting arrangements in cases of intimate partner violence and coercive control: From research and legislative reform to changes in practice","authors":"Peter Jaffe, Nicholas Bala, Archana Medhekar, Katreena Scott, Casey Oliver","doi":"10.1111/fcre.70002","DOIUrl":"https://doi.org/10.1111/fcre.70002","url":null,"abstract":"Family violence and coercive control are increasingly being recognized in legislation and practice as critical factors to consider in determining children's best interests in making appropriate post-separation parenting arrangements. Professional practices have also become more trauma and violence-informed and better able to recognize and respond to the impact of violence on survivors and their children. Assessing the validity and context of family violence allegations is critical for making appropriate post-separation parenting arrangements. In cases where there are family violence concerns, court responses need to take account of the potential harm that perpetrators present to the children and the other parent. Findings of family violence should lead to a differentiated approach to parenting arrangements depending on the severity and history of family violence and coercive control, the timing of the disclosures, and the resources available to address safety for the adult victim and children. Arrangements may vary according to the potential need for restrictive parenting time, and may include supervised exchanges, supervised parenting, or no parenting time. This article reviews literature and legal developments to proposes a framework for better understanding and responding to continuing post-separation effects of domestic violence and coercive control.","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"63 3","pages":"467-490"},"PeriodicalIF":0.7,"publicationDate":"2025-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144681226","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}

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Exposing the crumbling justification for absolute prosecutorial discretion in youth filing decisions 揭露了在青少年立案决定中绝对的检察官自由裁量权的摇摇欲坠的理由

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Family Court Review Pub Date : 2025-06-30 DOI: 10.1111/fcre.70010

Nina A. Herth, Chinh Q. Le

{"title":"Exposing the crumbling justification for absolute prosecutorial discretion in youth filing decisions","authors":"Nina A. Herth, Chinh Q. Le","doi":"10.1111/fcre.70010","DOIUrl":"https://doi.org/10.1111/fcre.70010","url":null,"abstract":"Can absolute prosecutorial discretion in youth charging decisions—like that allowed under Title 16 in the District of Columbia—continue to withstand legal, scientific, and policy-based scrutiny? The recently-approved Restatement of Children and the Law adds to the weight of authorities casting further doubt on the wisdom of such discretion. Most jurisdictions do not permit prosecutors to charge children in adult court unilaterally, requiring a transfer hearing and constitutional safeguards. Among the few that allow “direct file” transfers, nearly all provide some form of judicial review, generally through reverse waiver provisions. D.C., however, stands alone in giving unelected federal prosecutors at the United States Attorney’s Office unchecked authority to charge 16- and 17-year-olds as adults, without any opportunity for judicial review. This approach is at odds with current research on adolescent brain development and the constitutional protections for youth that have evolved alongside it.Drawing on the Restatement, this article examines the broader national move away from “direct file” transfer authority, exposing the glaring persistence of outdated practices in D.C. It revisits the failed 2021 legislative reform effort before the D.C. Council to eliminate the U.S. Attorney’s “direct file” authority, and argues that, in the absence of legislative change, legal advocates may need to pursue reform through the courts—particularly given Title 16’s potential vulnerability under the Eighth Amendment’s prohibition on cruel and unusual punishment. Ultimately, the article contends that the Restatement, through its “child wellbeing” framework, offers not only a clear articulation of where transfer laws currently stand and how D.C.’s practice diverges but also suggests where the law might ought to be going and provides materials from which law reform advocates can construct futures legal challenges to laws like Title 16.","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"63 3","pages":"401-414"},"PeriodicalIF":0.7,"publicationDate":"2025-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/fcre.70010","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144681573","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}

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“Parental alienation” cases: Experiences of Ontario legal and mental health professionals “父母疏离”案例：安大略省法律和心理健康专业人员的经验

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Family Court Review Pub Date : 2025-06-27 DOI: 10.1111/fcre.70001

Rachel Birnbaum, Nicholas Bala

{"title":"“Parental alienation” cases: Experiences of Ontario legal and mental health professionals","authors":"Rachel Birnbaum, Nicholas Bala","doi":"10.1111/fcre.70001","DOIUrl":"https://doi.org/10.1111/fcre.70001","url":null,"abstract":"This paper reports on two related studies on the experiences of Ontario therapists, parenting evaluators, child protection service (CPS) staff, and lawyers for parents, children and CPS about parent–child contact problem cases involving claims of parental alienation. One qualitative study was based on interviews with 62 professionals (45 parents' lawyers and 17 therapists) involved in reported Ontario cases between 2010 and 2022 where the court made a finding of parental alienation. The second qualitative study was based on nine focus groups with 50 Ontario professionals (31 children's lawyers, four CPS lawyers, five CPS workers and 10 parenting evaluators) about their experiences with this type of high conflict separation case. The majority of professionals in both studies found that parents in these cases are often very challenging clients. The professionals shared their frustration that the family justice system is slow to respond and has few effective legal responses or clinical resources that can provide appropriate services for these cases. The studies highlight the complexity of these cases and the need for the family justice system to better provide coordinated legal and clinical responses for these families. There is a need for more evidence-based collaborative interdisciplinary practice, research and professional education.","PeriodicalId":51627,"journal":{"name":"Family Court Review","volume":"63 3","pages":"491-515"},"PeriodicalIF":0.7,"publicationDate":"2025-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144681632","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}

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We don't talk anymore: How stronger interstate communication improves child maltreatment investigations and prevention 我们不再讨论：加强州际交流如何促进儿童虐待调查和预防

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Family Court Review Pub Date : 2025-06-27 DOI: 10.1111/fcre.70000

Alexis R. Parkes

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#Real_life #Blogger #Sponsored_post #Implementing_financial_protections_for_influencer_children_and_children_of_influencers #Real_life #Blogger #Sponsored_post #Implementing_financial_protections_for_influencer_children_and_children_of_influencers

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Family Court Review Pub Date : 2025-06-25 DOI: 10.1111/fcre.70008

Elysse Anderson

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The Restatement of Children and the Law: A roadmap for ongoing law reform 重申儿童与法律：正在进行的法律改革路线图