Custody Proceedings Research Articles

“When All is Said and Done”

This article reports on a qualitative study of 18 young adults, aged 18 to 26, who had been subject children in contested custody and access proceedings. The findings reported here relate specifically to respondents' perceptions of the impact of their parents' divorce and the subsequent proceedings on their current relationships with their parents and on their own approach to relationships. Their current relationships with parents encompassed a range of patterns, including: continuing positive relationships with both parents, an improved relationship with a previously non-preferred parent, and an estranged relationship with one parent. All were determined not to repeat their parents' pattern of divorce and reported various strategies to achieve this, including: not rushing into relationships, developing effective relationships skills, developing a strong sense of being their own person, whether or not in a relationship, and ensuring financial security prior to marriage and having children.

De Andrade v. De Andrade

Diplomatic relations — Immunity — Diplomatic agent — Divorce and custody proceedings — Whether diplomat immune from divorce jurisdiction of courts of the receiving State — Whether immunity precluding exercise of custody jurisdiction in respect of diplomat's children — The law of Australia

Children at Risk: The Sexual Exploitation of Female Children After Divorce

The continuing growth of nontraditional families in the United States presents unique problems for family law courts. Concerns regarding the welfare of children in nontraditional families loom larger in light of considerable evidence demonstrating that a female child, after her parents' divorce, faces a significantly elevated of being sexually abused by either a parent, a parent's partner, or a person outside of the home. In this Article, Professor Robin Fretwell Wilson addresses whether the law can effectively mitigate the of child sexual abuse by considering it in custody determinations. After dispelling common misconceptions about the nature of sexual abuse, the Author marshals overwhelming empirical evidence-more than seventy social science studies-showing a connection between family disruption and child sexual abuse of girls. The Author argues that family law deals inadequately with this disturbing phenomenon because courts in custody proceedings generally neglect to address the increased statistical probability of sexual abuse after divorce. While acknowledging the various reasons why courts may resist considering the increased of child sexual abuse in custody proceedings, the Author contends that proactively addressing the problem is the proper solution. A bedrock strategy for curbing threats to public health, such as child sexual abuse, is to identify high risk groups and tailor prevention efforts accordingly. Building on this public health model, she maps out three possible routes to prevention through increased parental awareness. These routes include considering the willingness of a custodial parent to shield a daughter from abuse, mobilizing the noncustodial parent as a monitor, and conditioning custody awards upon the completion of actions designed to mitigate the increased of abuse, such as a parent participating in parenting classes or enrolling the child in school-based prevention programs. The Author contends that, while these methods are arguably invasive, they are consistent with the essential character of custody determinations, which fundamentally are exercises in predicting the future. To further institutionalize consideration of a girl's sexual vulnerability after divorce, the Author recommends that legislatures require courts to consider it as a criterion in custody hearings. The Author recognizes that acting in anticipation of risks-rather than after demonstrated conduct-is not without controversy. She examines, therefore, whether tailoring prevention efforts to children at divorce will stigmatize single parents, discourage remarriage or encourage non-custodial parents to later fabricate charges of abuse. She concludes that including consideration of the increased of child sexual abuse in custody proceedings is ultimately a common sense way to address a pervasive problem. More broadly, the Author contends that continuing to act as if nontraditional families function as nuclear families is unrealistic-especially in light of the overwhelming empirical evidence to the contrary. She concludes that judicial decisionmakers can intelligently address the challenges facing fractured families only if guided by substantial evidence of how these families function.

Homosexual parents: why appeals cases approximate the "gold standard" for science--a reply to Duncan.

Unlike the unverifiable claims of volunteers in studies of homosexual parenting, an alert ex-spouse is ready to testify as to the falsity of any claim by the other spouse in custody proceedings. Further, a greater variety of professionals are involved in getting at the "truth." We argue that examination of an unbiased corpus of such appeals cases is far more apt to reflect the underlying "reality" about homosexual parenting than studies performed on volunteers.

HOMOSEXUAL PARENTS: WHY APPEALS CASES APPROXIMATETHE 'GOLD STANDARD' FOR SCIENCE--A REPLY TO DUNCAN

Unlike the unverifiable claims of volunteers in studies of homosexual parenting, an alert ex-spouse is ready to testify as to the falsity of any claim by the other spouse in custody proceedings. Further, a greater variety of professionals are involved in getting at the “truth.” We argue that examination of an unbiased corpus of such appeals cases is far more apt to reflect the underlying “reality” about homosexual parenting than studies performed on volunteers.

Promoting Parenting Plans:A New Role for the Psychologist as Expert in Custody Disputes

This paper argues that existing adversarial approachesto post-divorce custody rulings are neither in thebest interests of the child nor consistent withobligations to children under the United NationsConvention on the Rights of the Child. The traditionalrole of psychologists acting as experts in divorceproceedings has been to determine custody and accessarrangements by evaluating parental fitness. It isargued that this role should be altered and expandedto a process that is threefold. Specifically, it issuggested that the role of the psychologist acting asan expert in divorce custody proceedings should be to:(1) inform the courts about children's rights underthe Convention, (2) inform the courts about children'sneeds as identified in the developmental psychologyresearch literature, and (3) assist with methods ofjoint legal custody determinations that arechild-centered and constitute family reorganizationrather than family dissolution. It is suggested thatthe third role may be best accomplished through theuse of a Parenting Plan that allows custodialdecisions to meet the goals of child-centereddecision-making, continued meaningful involvement ofboth parents in the child's life, and reducedinter-parental conflict.

From Competition to Complementarity: Legal Issues and Their Clinical Implications in Custody

In the 1970s, the "best interests of the child" doctrine focused custody litigation away from parental competition and toward meeting each child's needs. Yet, artifacts of the parental preference doctrine remain entrenched in custody law and practice. The evolving "best interests" paradigm requires redefining "custody" as development, implementation, and adaptation of individualized plans that provide a structure for complementary parenting. This article explores this paradigm shift while providing an introduction to the realities of child custody proceedings and family law courts. The article also identifies the ways in which mental health professionals can work most effectively with the legal system for the benefit of children of divorce and separation.

Chapter 2: Custody Proceedings Covered by the UCCJA and the PKPA

SummaryThis chapter identifies proceedings to which the UCCJA and PKPA apply.

Risk of physical abuse to children of spouse abusing parents

The purpose of this study is to estimate the gender-specific probability of a violent spouse also physically abusing his or her child within a representative sample. The study is based on a sample of 3,363 American parents interviewed for the 1985 National Family Violence Survey. The study shows that marital violence is a statistically significant predictor of physical child abuse. The greater the amount of violence against a spouse, the greater the probability of physical child abuse by the physically aggressive spouse. This relationship is stronger for husbands than for wives. The probability of child abuse by a violent husband increases from 5% with one act of marital violence to near certainty with 50 or more acts of marital violence. The predicted probability of child abuse by a violent wife increases from 5% with one act of marital violence to 30% with 50 or more acts of marital violence. Implications for divorce custody proceedings are discussed.

Child Sexual Abuse Allegations Amidst Divorce and Custody Proceedings

This study describes 18 cases of child sexual abuse allegations investigaled by the Boulder County (Colorado) Sexual Abuse Team which revolved around divorce and custody disputes. Determining whether such allegations are reliable or fictitious presents a challenge to caseworkers who are apt to find themselves caught up in the highly charged atmosphere of divorce and custody proceedings. Initially, only 5.6% of the cases investigated were believed to be founded by the sexual abuse evaluation team. After applying the clinical process of validation used at the Kernpe Center in Denver. Colorado, the cases were subject to further review and categorized as follows: reliable accounts; recantations; unsubstantiated suspicions; insufficienl information; fictitious reports by adults; and fictitious reports by children. Subsequent to applying this clinical Drocess of validation. the number of cases categorized as founded hcreased to 44.4%. Application of a systematic process of validation by clinicians is suggested ...

Children's Rights and Child Custody Proceedings

The Uniform Marriage and Divorce Act gives judges discretionary powers to determine the best interests of the child in contested child custody proceedings. These include the authority to interview children in their chambers; appoint guardians ad litem to represent the interests of the child and to call upon domestic relations investigators or other mental health professionals for assistance. This article examines the extent to which judges utilize each of these discretionary powers. The authors' content analyzes a sample of 100 contested child custody cases adjudicated in Denver District Court during the years 1972-1976 and 60 cases adjudicated in 1966, prior to the passage of the Uniform Act. They also interview several judges who presided over contested cases during project study years. The results suggest that children rarely provide direct input into divorce/custody proceedings. They are rarely interviewed by judges and often excluded from investigations conducted by court personnel. Lastly, guardians...

Gronow V. Gronow

Custody—Parents equally suitable custodians — Is there a presumption that a young girl should be left in the custody of her mother — Position and role of appellate court in custody proceedings — Family Law Act 1975 (Cth) — Ss. 43(c), 64(1)(a), (2)

The Proper Role of the Lawyer as Legal Representative of the Child

The increased recognition given to children in legal proceedings today brings into focus the special problems facing lawyer in the role of legal representative of the child. The author outlines the three roles available to the child advocate: the traditional advocate, the neutral officer of the court, the guardian; and considers the suitability of each of these roles in the various legal proceedings in which child may be involved, e.g. juvenile delinquency proceedings, custody proceedings, etc. The personal and professional qualifications required to be com petent as child advocate are examined and the author concludes by emphasiz ing that the multi-faceted role of child advocate requires the lawyer to assume new responsibilities and be willing to develop new skills.

The Multiplicity of Child Custody Proceedings. Problems of California Law

The Multiplicity of Child Custody Proceedings. Problems of California Law