International Journal of Law Policy and the Family最新文献_第2页

Redressing the balance: how Australia’s approach under the Hague Abduction Convention is still endangering victims of domestic violence 纠正平衡:澳大利亚在《海牙绑架公约》下的做法如何仍在危及家庭暴力的受害者

4区社会学

International Journal of Law Policy and the Family Pub Date : 2023-01-01 DOI: 10.1093/lawfam/ebac021

Annabelle Gray, Miranda Kaye

{"title":"Redressing the balance: how Australia’s approach under the Hague Abduction Convention is still endangering victims of domestic violence","authors":"Annabelle Gray, Miranda Kaye","doi":"10.1093/lawfam/ebac021","DOIUrl":"https://doi.org/10.1093/lawfam/ebac021","url":null,"abstract":"Abstract This article explores how Australian courts consider allegations of domestic violence under Article 13(1)(b) of the Hague Convention on Child Abduction. As is now well known, there has been a paradigm shift since the Convention’s introduction, which has seen the circumstances and underlying reasons for international child abduction change. Through an examination of Australian case law from the past 5 years, this article reveals the issues that taking mothers continue to face in Australian return proceedings and the concerning reality that the courts continue to prioritise a prompt return over the safety and well-being of women and children exposed to domestic violence. This is despite feminist legal scholars and activists demonstrating for over 20 years that domestic violence is not being adequately dealt with in return proceedings and calling for change. The article discusses how the huge inequality in legal representation for taking mothers and left-behind fathers adds to the imbalance in these matters. Unfortunately, the recent Hague Conference Guide to Good Practice in such cases is unlikely to affect any substantive change to redress that imbalance. Suggestions for ways to redress the balance between taking mothers and left-behind fathers are suggested.","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":"99 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135420128","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Healthcare Decision Making for Children in Singapore: The Missing Chapter in Comparison with English Law 新加坡儿童医疗保健决策：与英国法律相比缺失的一章

IF 0.8 4区社会学

International Journal of Law Policy and the Family Pub Date : 2023-01-01 DOI: 10.1093/lawfam/ebad009

H. Chua

{"title":"Healthcare Decision Making for Children in Singapore: The Missing Chapter in Comparison with English Law","authors":"H. Chua","doi":"10.1093/lawfam/ebad009","DOIUrl":"https://doi.org/10.1093/lawfam/ebad009","url":null,"abstract":"\u0000 In medical practice, Singaporean paediatricians regularly encounter ethical dilemmas concerning the medical treatment of children and adolescents. While such disputes tend to be resolved out of court, it is useful to understand the legal framework for decision making in hard cases. Unlike in England and Wales where there is an abundance of litigation in this area and the law is well established, Singapore has a dearth of case law and a few discrete statutes regarding consent to medical treatment by children. Local legal resources on this subject are limited, and the differences between Singaporean and English law are not always made clear in medical guidance. Therefore, this article provides a comparative roadmap and seeks to answer key questions in Singaporean law on healthcare decision making for children, such as: Who can make decisions on their behalf? When can children give or refuse consent to treatment on their own? What is the threshold for judicial intervention in disputes concerning children’s medical care? How should ‘best interests’ be determined? This article identifies gaps and proposes ways that Singaporean law can develop by drawing inspiration from English judgments while making adaptations to the local context. It outlines situations when it is appropriate for the courts to decide cases concerning children’s medical treatment, notwithstanding the preference for alternative dispute resolution in Singapore.","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41818739","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Childhood in a Global Perspective—Third Edition by Karen Wells; The Sociology of Children’s Rights by Gran Brian 全球视野中的童年——第三版，凯伦·威尔斯；Gran Brian的儿童权利社会学

IF 0.8 4区社会学

International Journal of Law Policy and the Family Pub Date : 2023-01-01 DOI: 10.1093/lawfam/ebad013

P. Ehrhardt

引用次数: 0

Research Handbook on Adoption Law, edited by Nigel Lowe and Claire Fenton-Glynn 《收养法研究手册》，奈杰尔·洛和克莱尔·芬顿-格林编辑

4区社会学

International Journal of Law Policy and the Family Pub Date : 2023-01-01 DOI: 10.1093/lawfam/ebad022

Anne Mørk

引用次数: 0

Advanced Introduction to Children’s Rights, Gamze Erdem Türkelli and Wouter Vandenhole 儿童权利高级入门，Gamze Erdem Türkelli和Wouter Vandenhole

IF 0.8 4区社会学

International Journal of Law Policy and the Family Pub Date : 2023-01-01 DOI: 10.1093/lawfam/ebad016

L. Ducarre

引用次数: 0

Normativity and Diversity in Family Law: Lessons from Comparative Law, edited by Nadjma Yassari and Marie-Claire Foblets 《家庭法的规范性和多样性:来自比较法的教训》，由Nadjma Yassari和Marie-Claire Foblets主编

4区社会学

International Journal of Law Policy and the Family Pub Date : 2023-01-01 DOI: 10.1093/lawfam/ebad021

Tristan Cummings

引用次数: 0

Individual realities and legal responsibilities: a study of non-resident parents who dispute child maintenance obligations in Swedish administrative courts, 2014–2019 个人现实与法律责任:2014-2019年瑞典行政法院非居民父母子女抚养义务纠纷研究

IF 0.8 4区社会学

International Journal of Law Policy and the Family Pub Date : 2023-01-01 DOI: 10.1093/lawfam/ebad011

Johanna Finnström

{"title":"Individual realities and legal responsibilities: a study of non-resident parents who dispute child maintenance obligations in Swedish administrative courts, 2014–2019","authors":"Johanna Finnström","doi":"10.1093/lawfam/ebad011","DOIUrl":"https://doi.org/10.1093/lawfam/ebad011","url":null,"abstract":"This study is the first large-scale empirical account of child maintenance non-compliance in Sweden. The scheme explored is the guaranteed support system, i.e. when liable parents do not comply with their formal maintenance obligations as determined by the Swedish Social Insurance Agency (SSIA). The objective is to map out and describe the overall reasons why parents do not pay, as well as to explain why parents’ perceptions of their maintenance obligations diverge from those of the SSIA officials. To this end, the study utilises both quantitative descriptive analysis and qualitative thematic text analysis. The data were built on a unique body of material comprising over 700 court cases where liable parents disputed their maintenance obligations in Sweden’s 12 administrative courts, during 2014–2019. The quantitative results show that claiming economic inability and regular involvement in the care of children are the two most common arguments for non-payment. The qualitative analysis further suggests that the administrative tools and legal assessments designed to calculate payments to aid parents are in reality creating barriers, uncertainty, and distrust in the process. Consequently, the rules designed to protect children in lone-parent households are a factor contributing to non-payment by the other parent. The article concludes with reflections and public policy implications.","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":"1 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41776849","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Joint physical custody in Germany: legal framework and results of the Family Models in Germany (FAMOD) study 德国的共同实际监护权：德国家庭模式研究的法律框架和结果

IF 0.8 4区社会学

International Journal of Law Policy and the Family Pub Date : 2023-01-01 DOI: 10.1093/lawfam/ebad010

Tobias Helms, Anja Steinbach, Lara Augustijn

{"title":"Joint physical custody in Germany: legal framework and results of the Family Models in Germany (FAMOD) study","authors":"Tobias Helms, Anja Steinbach, Lara Augustijn","doi":"10.1093/lawfam/ebad010","DOIUrl":"https://doi.org/10.1093/lawfam/ebad010","url":null,"abstract":"\u0000 Only since a landmark decision by the Federal Court of Justice on 1 February 2017 has it been clear that family courts in Germany can order symmetric joint physical custody against the will of one parent. The prerequisite is that this solution is in the child’s best interests. This article analyses which criteria have been used by courts to order this physical custody arrangement since the decision. It also presents the results of the Family Models in Germany (FAMOD) study, which the authors conducted in Germany by interviewing a total of 1,554 families to investigate the living conditions of children cared for in joint physical custody care arrangements. Joint physical custody children were compared to children growing up in sole physical custody arrangements. Results show that joint physical custody can be a good solution for parents who succeed in keeping interparental conflict away from their children and reach an amicable agreement on the care of their children after separation. However, the advantages of joint physical custody were more apparent for children in the age group of 7–14 years than for younger children in the age group of 2–6 years. Furthermore, asymmetric joint physical custody seemed to have more positive effects on children’s well-being than symmetric joint physical custody.","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47272182","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Tacit Concepts of Family in Legislation on Assisted Reproduction 辅助生殖立法中的隐性家庭观

IF 0.8 4区社会学

International Journal of Law Policy and the Family Pub Date : 2023-01-01 DOI: 10.1093/lawfam/ebad007

F. H. Pedersen

{"title":"Tacit Concepts of Family in Legislation on Assisted Reproduction","authors":"F. H. Pedersen","doi":"10.1093/lawfam/ebad007","DOIUrl":"https://doi.org/10.1093/lawfam/ebad007","url":null,"abstract":"\u0000 This article examines the joint corpus of family and health legislation and practices to analyse the notions behind the Danish regulation of assisted reproduction. It introduces an analytical framework, which encompasses a more comprehensive approach and encapsulates the variety of regulatory tools that expressly or implicitly create restrictions on the provision of assisted reproduction. By providing a generally applicable framework for analyses of the de facto regulation to expose possible underlying tacit concepts, this article makes a methodological contribution to enhance the understanding of the intermingling fields of family and reproductive law. The analysis in this article shows that eligibility for receiving infertility care depends on one’s current family constellation and it is not children per se, which are the focal point. Surprisingly neither is the nuclear family. Rather, the consummation of the relationship between a man and a woman through one shared child is at the core of the regulation. Archaic notions of family and gender expectations are thus revealed. The article concludes by discussing how the raison d'être behind the regulation could have been something other than a specific concept of family. In this way, the article invites others to analyse their national regulation of assisted reproduction and to contribute to an international discussion about whom, in the pursuit of family formation through ART treatment, has an underprivileged status.","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44400432","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Reaffirming Autonomy of Trans and Gender-Diverse Children and Adolescents 重申跨性别和性别多样化儿童和青少年的自主权

4区社会学

International Journal of Law Policy and the Family Pub Date : 2023-01-01 DOI: 10.1093/lawfam/ebad025

Frederique Joosten

引用次数: 0