Family Court System Research Articles

Discrimination against Fathers in Greek Child Custody Proceedings: Failing the Child’s Best Interests

Greek family courts routinely favour mothers in child custody proceedings even in cases where residence with the father would clearly be in the best interests of the child. This discrepancy between the law and judicial practice is justified by the courts on alleged bio-social grounds but these have never been identified, let alone elaborated in any way and no theory from the field of neuroscience or developmental psychology has ever been cited as the groundwork for the courts’ approach. This arbitrariness and the concomitant absence of legal certainty stems from the absence of a dedicated family court system. As a result, generalist judges are fearful of expressing themselves in non-legal areas, such as neuroscience, or otherwise have little awareness of developments in these areas. Because judgments never make any scientific pronouncements, litigants cannot challenge the courts on scientific grounds. This gender bias has its roots also in taboo theory. With minor exceptions, experts universally agree that attachment theory is gender-neutral and that children, especially infants, form meaningful primary attachments to the person who provides them with a loving and caring environment. Ultimately, in many cases custody arrangements lead to financial bartering in exchange for additional visitation time by the father or exclusion of the father from the child’s life. The injurious nature of such an outcome is analysed here from a neuroscience perspective.

Book Review: Divorced From Reality: Rethinking Family Dispute Resolution by Jane C.Murphy and Jana B.Singer

This essay summarizes key points from the book and observes the very different players and processes involved when families in poverty enter the family court system.

Engaging parents in Family Court: Lessons from an observational study of child protection cases

SummaryThis study explores the courtroom interactions between judges, attorneys, and parents charged with child abuse or neglect. Drawing on ethnographic observations of court cases in a Family Court located in the northeastern United States, this study seeks to understand how judges encourage or inhibit parents’ participation and the strategies and tactics used to influence parental behaviors and obtain cooperation with court orders.FindingsOn one end of the spectrum are judges who engage little, or not at all with parents, preferring to speak only to the professional court actors. On the other end of the spectrum is a more participatory approach, with judges weaving parents into court room exchanges and engaging them in informational and decision-making dialogs. A similar divergence appears when soliciting cooperation from parents, with some judges relying on shaming rituals and others using a softer approach that incorporates praise and support.ApplicationsStrategic interventions are identified that will increase parents’ cooperation and satisfaction with the Family Court system. These include vigorously engaging in both informational and decision-making dialogs with parents and using rituals of praise and support, rather than shaming.

Abused women and the threat of parental alienation: Shelter workers' perspectives

Based on quantitative and qualitative data collected in 30 domestic violence shelters in the Province of Québec (Canada), the research findings reveal a noticeable increase in the perceived number of women being accused or threatened to be accused of parental alienation; the accusations or threats of accusations reported in the last year by respondents represented 45% of all the accusations reported in the last 5years (Last year: 4.27, SD=3.80. Last 5years: 9.47, SD=10.04). A large majority of respondents (86.7%) stated that this phenomenon had had an impact on their practices in shelters, and more than half (53.3%) expressed that this issue had been either a priority for their shelters or one of their main concerns. Based on the research findings, the authors argue that domestic violence perpetrators use “parental alienation” as a tactic to discredit reports of abuse by women and children. By embracing this discourse, child protection services and the family court system reproduce the perpetrators' accounts and discredit reports of abuse by women and children, and therefore undermine their core mandate.

What about my dad? Black fathers and the child protection system

This article explores social work practice with black fathers within the child protection and family court systems through the analysis of case studies involving black fathers whose children ‘nearly missed’ the chance to live with them. Drawing upon theories of social justice, this article explores the construction of black men as fathers and contextualises the discussion in relation to gender, race, poverty and immigration issues, as well as the current policy and legal context of child protection work in England. The article examines how beliefs and assumptions about black men can influence how they are constructed, and subsequent decision-making processes. The article concludes with some suggestions for critical social work practice within a human rights and social justice framework.

Against the Grain: Therapeutic Judging in a Traditional Family Court

The last several decades have seen a proliferation of specialized courts, including within the family court system, that deviate from the adversarial model, and that rely on therapeutic jurisprudence and other problem-solving techniques. Whether and how traditional family courts can incorporate the best practices of these specialized courts is a largely understudied area. Drawing from ethnographic observations of a traditional urban family court, this study finds that some judges are able to transform nontherapeutic courtrooms into therapeutic ones despite obstacles. These “against the grain” actors, who act contrary to the institution's dominant norms and practices, demonstrate how therapeutic jurisprudence and other problem-solving techniques can be utilized in traditional courtrooms.

Learning from Others: An autoethnographic exploration of children and families social work, poverty and the capability approach

In this article an autoethnographic approach is used to explore the author’s work with families living in poverty who are involved in the child protection and family court systems. The psychological and social impacts of poverty and structural inequalities on families are highlighted through case studies, as is the influence of wider policy and political contexts on social work practice with children and families. The capability approach developed by Amartya Sen is outlined and its relevance to social work practice discussed. The article concludes that the capability approach, particularly when complemented by the work of Nancy Fraser, offers possibilities for the development of critical social work practice with families living in poverty within a human rights and social justice framework.

Bill Atkin: A Fierce Defender of Children's Rights and Proponent of Child-Focused Legislation

This article illustrates the different ways in which Professor Bill Atkin has shown where family law legislative reforms have fallen short in making the rights and well-being of children the paramount consideration in family law disputes, and properly taking account of children's views on matters that affect them. It examines Atkin's thought-provoking analysis of the introduction of the Care of Children Act 2004 and the changes made in recent years to the Child Support Act 1991, the Property (Relationships) Act 1976 and the Family Court system as a whole. The article also explores Atkin's approval of the amendments to the Crimes Act 1961 preventing parents from using physical discipline against their children for the purposes of correction. Overall, the article highlights Atkin's extensive contribution to family law and demonstrates what needs to be changed to ensure New Zealand family law and society becomes more child-focused in the future.

Families Matter: Recommendations to Improve Outcomes for Children and Families in Court

The Families Matter initiative was designed as a major, multi-year undertaking to develop legal practice methods and approaches to reduce the destructive consequences of the family legal process. The initiative was intended to respond to the need for deep and meaningful reform of the family law process. Convened in June 2010 by the University of Baltimore School of Law Sayra and Neil Meyerhoff Center for Families, Children and the Courts (CFCC), the Families Matter Symposium brought together an interdisciplinary group of family law experts for two days at the University of Baltimore to identify problems regarding the practice of family law and to make recommendations about promising solutions. The best outcomes for family law cases require a combination of lawyers and mental health professionals, social scientists, mediators, judges, academics, policymakers and financial experts, among others. In addition, Symposium participants acknowledged that the resolution of family law cases must not be “win or lose” and that a major shift in tone is needed. The main question was, “How do we radically transform a family court system from one that disrupts and tears apart families to one that helps heal them?” The Families Matter initiative intended to help develop and support a family justice system with an interdisciplinary, holistic and therapeutic focus; to make a broad range of family and individual services available to separating families; to foster greater use of alternative dispute resolution at the earliest stages of a case; and to encourage training law students, lawyers, judges, and court personnel toward a less adversarial, therapeutic, holistic focus when dealing with family law matters. This report provides a summary and overview of the Symposium discussions and the suggestions for reform that emerged from those discussions.

Long Time Overdue: An Examination of the Destructive Impacts of Policy and Legislation on Pregnant and Parenting Aboriginal Women and their Children

Today, in Canada, Aboriginal peoples continue to experience marginalization, over representation in the child welfare system, and a higher prevalence of poverty and substance misuse challenges. These experiences affect for Aboriginal women in particular because of the oppressive experiences of systemic racism and discrimination they face, including legislation such as the Indian Act and the Child and Family Services Act, which directly targets them. This article is based on a research project conducted in Toronto, Ontario that implemented Aboriginal research methodologies to explore ways to increase collaboration between Aboriginal families, treatment counsellors, and child welfare workers. One significant theme that emerged out of this project was the concept of time as related to policy and legislation that negatively impact Aboriginal pregnant and/or parenting women. In this analysis, we focus on the concept of time as connected to four policy areas that emerged from the findings: historical trauma caused by discriminatory legislation, the family court system, the bureaucracy of child welfare, and the need for further research and long-term solutions.

Parents Apart: Differences Between Unmarried and Divorcing Parents in Separated Families

With 2 in 5 births in the United States occurring outside of marriage, parents who were never married to each other are entering the family court system in increasing numbers. This study draws on data from the Fragile Families and Child Wellbeing Study to examine how the circumstances of unmarried parents who are living apart 5 years after having a child together compare to those of previously married parents, as well as important variations among unmarried parents. Our results show that unmarried parents are younger, have fewer children in common, are more likely to have children with other partners, and are more likely to report paternal incarceration than previously married parents. Unmarried parents who did not have a close relationship at the time of their child's birth had the weakest connections 5 years later, reporting lower levels of nonresident father contact, parental relationship quality, paternity establishment, and in‐kind support than other parents living apart. Key Points for the Family Court Community An increasing number of separated parents were never married to each other, and these parents may have different needs and experiences than divorcing parents when they come into contact with the family court system. Unmarried parents living apart have more barriers to father involvement and co‐parenting than previously married parents who live apart. Unmarried fathers who did not have a close relationship with mother at the time of the birth have weaker connections to mothers and children 5 years later.

The Dynamics of Military Deployment in the Family System: What Makes a Parent Fit for Duty?

Due to the increasing number of married servicemembers with children, the family court system is seeing more divorce and custody cases involving military parents and children. The media has highlighted cases in which military members have lost custody of their children ostensibly due to extended deployments required by their military employer. In order to avoid penalizing military members for service to their country while acting in the best interests of children, it is essential that the family courts understand and take into account the unique challenges of military families. This article provides an overview of the military family experience and reviews the literature regarding the military deployment cycle, including its impact on parents, children and the family system. Developmental and contextual considerations and recommendations in the determination of custody for military children are discussed. Key Points for the Family Court Community The family attachment network model is useful in developing objective standards and identifying risk and protective factors for military families. In custody cases involving military families who have experienced deployment, assessment of current and retrospective individual and family functioning (e.g., before, during, after deployment) is necessary. Current child behaviors may be normal responses to extended separation(s) and subsequent reunion(s) with a deployed parent. Key considerations and recommendations in custody evaluations for military families are offered.

Woozles: Their role in custody law reform, parenting plans, and family court.

In the international debates on custody law reform and in individual custody decisions in families and in courts worldwide, social science research is often misused and abused. In this article I describe the process by which data can become distorted in ways that steer policymakers, family court personnel, and parents off course in regard to child custody decisions. I illustrate this process with a recent study that has garnered international attention and influence. One of the most complex and controversial issues confronting the family court system, divorcing parents, and legislative bodies is: When parents separate, what is best for children in terms of how much time they should live with each parent? When do children benefit most from living primarily with one parent or from living with two parents more equally? Under what circumstances is spending frequent overnight time in their father's care not bene- ficial for children, especially for infants and preschoolers? Given the wide range of circumstances that can affect family dynamics and children's well-being, how can it be determined which over- night parenting plans are best for children? At the legislative level the question becomes: How should custody laws be revised to better meet the needs of children in contemporary families? The debates over questions such as these become especially controver- sial and heated when the children involved are infants or children under the age of 5 years. Decisions on these policy issues can benefit from social science research, if the research is methodologically sound and properly applied. The purpose of this article is not to advocate for any particular parenting plan or to present the research on shared parenting custody controversies. Rather it is to describe the way in which social science data can be used to steer policymakers, family court personnel, and parents off course in regard to parenting plans and custody law reform—and to illustrate this process with a recent study that has garnered international attention in regard to parenting plans for infants and other children 4-years-old and younger. The aim is to answer two questions: How can social science data be used to woozle us into believing things that are not true or that are only partially true? Is there any study that illustrates the process and the impact of woozling with regard to parenting plans or custody law reform for infants and preschool- ers?

Reform of the Irish family courts system

Access to the law and to the courts is an essential part of the rule of law in any democratic society. This right must not be ‘theoretical or illusory’ but rather should be ‘practical and effective’ as declared by the European Court of Human Rights in Airey v Ireland [1979] 2 E.H.R.R. 305. Ireland’s family law courts are in serious need of reform. Delays are problematic, the system is expensive and the courts do not appear to operate efficiently or coherently. Concerns have also been expressed at the continuing use of an adversarial model in this sensitive and complex area of law. Due to concerns that the current family court system is not fit for purpose, the Government has promised reform. The aim of my research is to develop a model of Irish family law courts drawing on international experience with a view to supporting progressive reform in this area.

Social Workers as “Experts” in the Family Court System: Is Evidence-Based Practice a Missing Link or Host-Created Knowledge?

The graduate school curriculum for social workers requires that students learn to critically distinguish between opinion-based knowledge and evidence-based practices, or empirically-supported interventions. Once graduated, licensed social workers are often called upon to offer diagnostic and predictive opinions as experts in a variety of macro-environments. When the family courts are that “host” environment, social workers proffer expert opinions that may categorize and label parents or children for purposes of a judge's allocation of physical or legal custody. In this article, it is suggested that the social work profession, within all three domains of education, practice, and research, should more precisely link the design and fidelity of an evidence-based practice (EBP) with its potential misapplication or warping when proffered as science in “host” environments like family courts. As Foucault and other scholars warn, the failure to verify that an intervention is applied correctly may actually enhance the risk of social injustice by interpreting and translating EBP knowledge in the non-empirical form of authority-by-license. This article, therefore, proposes that the social work profession, from the classroom to the field, has an obligation to thoroughly understand and engage interdisciplinary practices that assure respect for the strengths and limits of social work knowledge.

THE NEED FOR ESTABLISHMENT OF A FAMILY COURT IN MALAYSIA: AN APPRAISAL

The adjudication of family disputes by different courts with different jurisdictions in the present court system is ineffective in providing a comprehensive approach to the management of family-related disputes. Furthermore, the adversarial system of litigation of the present courts in Malaysia negates the possibility of resolving conflicts amicably. The establishment of a family court in Malaysia would be in line with the objective of the National Family Policy which encourages the sustainability of the family institution. Basically, this paper seeks to discuss the concept of family court and the need for its establishment in Malaysia. The paper will also briefly discuss the implementation of family court systems in Australia, Singapore and Egypt as these countries have a well developed family court system. The purpose is to learn from their experiences in providing a comprehensive solution to resolve family related disputes in Malaysia.

Book Review: Our Broken Family Court System

Book Review: Our Broken Family Court System

Abusive Men’s Indirect Control of Their Partner During the Process of Separation

The current study evaluates the impact of prior controlling behavior and physical abuse on indirect abuse during the process of separation. The sample includes women in the New York City family court system from 2002 to 2005 who had at least one child with the male she was obtaining an order of protection against. Stepwise logistic regression was used to determine the impact of prior physical abuse and controlling behavior on if the abusive partner told lies to the children, kept the children longer or contacted the woman’s family or friends over the follow-up period. Women experienced a decline in the occurrence of physical abuse but did not experience the same decline in controlling behaviors over the follow-up period. Level of education and employment status of the couple may be more appropriate predictors of later indirect abuse over the process of separation than prior physical abuse and controlling behavior.

When Federal and State Systems Converge: Foreign National Human Trafficking Victims Within Juvenile and Family Courts

ABSTRACTThis article highlights the concerns facing foreign national children who are both victims of human trafficking and under the jurisdiction of juvenile and family courts. Human trafficking is modern day slavery in which individuals, including children, are compelled into service and exploited. Foreign national human trafficking victims in juvenile and family court systems must navigate both the state system and a complex federal immigration system. This article explains the federal benefits available to these children and identifies the best practice approaches for juvenile and family court systems to increase identification of and support for foreign national child trafficking victims.

Shared Parenting After Divorce: A Review of Shared Residential Parenting Research

One of the most complex and compelling issues confronting policymakers, parents, and the family court system is what type of parenting plan is most beneficial for children after their parents' divorce. How much time should children live with each parent? An increasing number of children are living with each parent at least 35% of the time in shared residential parenting families: How are these children and their parents faring? In what ways, if any, do divorced parents who share the residential parenting differ from parents whose children live almost exclusively with their mother? How stable are shared residential parenting plans? By reviewing the existing studies on shared parenting families, these questions are addressed.