Family Justice Research Articles

Camp HOPE as an Intervention for Children Exposed to Domestic Violence: A Program Evaluation of Hope, and Strength of Character

Children exposed to domestic violence are at-risk for physical, mental, and social difficulties that have received an increased focus among researchers and policy makers. Using Snyder’s (2000) theory of Hope as a conceptual framework, Camp HOPE America is a summer camp program targeting school-aged children exposed to domestic violence. The purpose of this study is to present the changes in child hope before and after camp and correlate child hope to positive character strengths as rated by camp counselors. This study used a matched pretest posttest design to examine the change in hope, and strength of character among 229 school-aged children participating in Camp HOPE America. Results showed that hope, and psychological strengths improved from pre-test to post-test assessments. Additionally, children’s scores on hope were positively associated with the character strengths of zest, grit, self-control, optimism, gratitude, social intelligence, and curiosity obtained from counselor observations. These findings highlight hope as a coping resource for children exposed to domestic violence and provides preliminary support Camp HOPE America as an intervention within the established Family Justice Center system in the US.

Intimate Partner Violence Victims Seeking a Temporary Restraining Order: Social Support and Resilience Attenuating Psychological Distress.

Social support has been found in many studies to be a protective factor for those exposed to intimate partner violence (IPV), but personal resilience has received far less attention. The present study concerns 136 female IPV victims seeking a temporary restraining order (TRO) from a Family Justice Center (FJC). The relationships between IPV victimization, social support, resilience, and psychological distress were examined. Hierarchical regressions found that both perceived social support and self-reported resilience were inversely associated with distress symptoms. Higher social support was associated with lower trauma symptoms, controlling for abuse history, demographics, and resilience. Higher resilience was associated with lower mood symptoms and lower perceived stress, controlling for abuse history, demographics, and social support. No significant associations were recorded for anger symptoms. These findings suggest that fostering resilience can have important health benefits for IPV victims, above and beyond the well-known benefits of social support. Ways that resilience might be cultivated in this population and other implications for practice are discussed.

Enhancing the Impact of Family Justice Centers via Motivational Interviewing

The Family Justice Center (FJC) model is an approach to assisting survivors of intimate partner violence (IPV) that focuses on integration of services under one roof and co-location of staff members from a range of multidisciplinary agencies. Even though the FJC model is touted as a best practice strategy to help IPV survivors, empirical support for the effectiveness of this approach is scarce. The current article consolidates this small yet promising body of empirically based literature in a clinically focused review. Findings point to the importance of integrating additional resources into the FJC model to engage IPV survivors who have ambivalent feelings about whether to accept help, leave the abusive relationship, and/or participate in criminal justice processes to hold the offender accountable. One such resource, motivational interviewing (MI), holds promise in aiding IPV survivors with these decisions, but empirical investigation into how MI can be incorporated into the FJC model has yet to be published. This article, therefore, also integrates the body of literature supporting the FJC model with the body of literature supporting MI with IPV survivors. Implications for practice, policy, and research are incorporated throughout this review.

Understanding Pathways to Family Dispute Resolution and Justice Reforms: Ontario Court File Analysis & Survey of Professionals

This article reports on two related studies about varying pathways to the resolution of family disputes and the effects of family justice reforms in Ontario: a survey of family court professionals (n = 118) and an analysis of 1,000 closed court files of family cases involving children. Both studies reveal that the vast majority of cases are resolved without a trial, often by negotiation. While professionals generally support family justice reform initiatives, there remain significant gaps in the implementation of these strategies. For example, many litigants do not attend information programs despite the requirement for mandatory attendance; there is limited use of mediation; the views of children are being sought in only a small number of cases; and there is a large proportion of self‐represented family litigants. Despite the increase in shared care and joint decision‐making arrangements, a majority of cases in the court file study were sole custody arrangements to the mother, whether the case was settled or resolved by trial. Mediation was associated with greater time of contact with the non–primary residential parent (usually the father).

Development ethics: talking to recipients of development funds about vulnerability and human dignity

The often deplorable stories of corruption, lack of transparency and accountability, raises concern that the ethical foundation for the global development initiative is yet to resonate with some recipients of development funds in Uganda and elsewhere. Ethicists consider the notion of social justice as the appropriate category for articulating the moral demands of promoting development in resource-poor countries. The social justice approach entails acknowledgement of the inviolable dignity and inherent value of a human person. The language of vulnerability is often used in reference to the need to provide those in less developed countries with adequate support for socio-economic development, so as to enhance individual freedoms and dignity. This endeavor draws support from the Universal Declaration of Human Rights that regards the principle of human dignity as foundational for freedom, peace, and justice in the human family. However there is no clear mechanism for relaying this moral discourse to recipients of development funds in rural communities in Uganda. Too often this gap is filled in by human rights activist who are at times prone to human rights reductionism. To maintain high ethical standards a new approach necessitates the articulation of a set of UNESCO’s bioethics principles that include human dignity, respect for human vulnerability and personal integrity, solidarity and cooperation, autonomy and individual responsibility. This presentation demonstrates a strategy of using workshops in rural communities to specify and analyze the substantive and procedure issues involved in the ethical principles that are relevant to socio-economic development.

Family Justice for Future Generations: Considering the Interests of Children and Future Generations in Family Law

Most family laws are present-oriented. Generally, that is appropriate. Resolving ongoing family controversies, deciding current family disputes, and settling existing marital conflicts are very important tasks and in so doing family courts make significant contribution to establishing peace, order, stability, predictability and satisfaction in families and societies.But it is important also to consider the long-range effects of current family laws and policies. It is especially critical to consider how well the family laws of a society protect children and future generations.This paper explores the ways in which the collective interests of children and future generations are practically, doctrinally, and systemically considered (or neglected) in American family law and culture. Marriage is the measure by which good or bad prospects for the future of children is most critically determined. There is great need for improvement in the families laws in the United States to strengthen, support, and encourage the culture of marriage. There is no greater institution for protecting and promoting the long-term interests and welfare of children, future generations, and all of society than the healthy institution of marriage. Yet marriage is disintegrating in American society, and the prospects for children and the future are grave.

Ian Mc Ewan’s The Children Act: Minors’ Rights and Family Justice Perspectives in Italy and the UK

Abstract Ian MacEwan’s The Children Act presents many interesting aspects of the often troubled relationship between childhood and the law. Fiona Maye, nearly 60, wise and respected judge of the High Court, faces the most dreadful family disputes and tries to solve them through fair decisions, showing expert and competent legal reasoning. The urgent case of a young boy, Jehovah’s Witness, suffering from leukaemia and refusing transfusion, leads Fiona to the most difficult decision, one that involves life and death, religious freedom and the child’s welfare. The novel constitutes the occasion for some reflections on the English Family Law system and minors’ protection – as settled by Parliament in The Children Act 1989 – and on the recent reforms of the Family Justice, aimed at improving the “private” resolution of family conflicts through mediation as a means of reducing the “expensive” Courts intervention.

Early Childhood Studies: An Introduction to the Study of Children's Lives and Children's Worlds, 4th Edition by

 2016 Children, Youth and Environments Children, Youth and Environments 26(2), 2016 Book Reviews Early Childhood Studies: An Introduction to the Study of Children’s Lives and Children’s Worlds, 4th Edition Rod Parker-Rees and Caroline Leeson, Editors London: Sage, 303 pages $42.00 (paperback); ISBN 978-1-47391-592-3 This fourth edition of Early Childhood Studies: An Introduction to the Study of Children’s Lives and Children’s Worlds builds on earlier editions of this text. Written for students undertaking early childhood studies by a team of academics at Plymouth University, this edited book draws on the experience of these academics in their teaching, research and engagement with the complex issues relating to early childhood education and care. The underlying premise of the text is that a well-informed and current understanding of the issues is critical in order to advocate for what is best for young children. The book provides an interplay between issues and desires to promote social justice for children and families in national and international contexts, while aspiring to develop early childhood studies students’ own critical capabilities. This is accomplished through the many opportunities throughout the book to learn about oneself as well as about the lives and worlds of young children. The book is divided into sections as a way of organizing key topics, debates and developments in the changing contexts for those working with young children and their families. Part 1: “What Can Children do? Sociocultural Factors in Development” covers expected topics in areas such as child development, play and communication. The welcome addition in this section is the chapter on spirituality and young children’s well-being, an often-neglected area. Drawing from the Te Whāriki (New Zealand curriculum), the reader is taken on a reflective journey through policy documents and research to explore the tensions related to spiritual education. The way forward is proposed to be locating a child’s spiritual development within the relational domain of young children’s experiences. Part 2 is entitled “Working with Children: Extending Opportunities for Participation.” The first chapter in this section explores the many different ways that observation of children has been approached over time, including current thinking on this topic such as the work of Deleuze and Guattari. Six guiding principles are presented to inform understandings of observation, which are positioned as more important than methods. Enabling environments, as well as risk and inequality are also focused on in this section, highlighting the complexities and sensitivities of providing conducive learning environments for all children. Book Reviews 146 Part 3: “Multi-Professional Practice: Developing Empowering Communities” discusses the place of language, cultural identity and belonging. Effective collaboration with colleagues and across multi-professional teams, building relationships with families, and leadership in early childhood settings are topics that are covered. These chapters draw from contemporary theories and research that relates directly to current debates. Part 4 is entitled “Comparing Children’s Worlds: Making the Familiar Strange.” The intriguing title of this section hints at its challenging and thought-provoking content. Concepts of childhood are presented and opened for critique, analysis and further reflection. Comparisons with recent developments in the early childhood workforce in Germany provoke questions related to workforce training, and the reader is challenged to widen their gaze to consider issues affecting the learning, health and well-being of young children in the Majority World. The section ends with a chapter describing the research, policy and practice triangle, exploring the interplay between the three and highlighting this dynamic yet complex relationship. Part 5: “Researching Practice: Developing Critical Engagement” begins with the importance of reflective practice, the opportunities it affords, and how it links to being a competent early childhood professional. The following two chapters focus on research in everyday practice, first, by providing a general overview of possible research topics and second, by outlining more details about action research methodology. It is difficult to provide enough information in two chapters about how best to undertake research and as such these chapters only provide a brief introduction that may spark an interest to seek out more specific texts about conducting research in the sector. This book is written in a very accessible...

Etiología, prevención y tratamiento de la delincuencia sexual

This paper describes the current knowledge about etiology, prevention, and treatment of sexual crimes. Various traumatic childhood experiences, including severe emotional deprivation, family neglect, erratic rearing, and sexual victimization can contribute to the onset of sexual abuse behaviors in some males. Subsequently, such criminal behavior can be consolidated in association with other personal risk factors such as severe deficits in empathy and strong cognitive distortions and justifications of crime. Given this diversity of risk factors, here the urgent need of preventing sexual offending is considered from childhood and adolescence, through educational interventions in the contexts of family, school, and juvenile justice. Even so, when serious sexual crimes take place, the perpetrators are likely to be arrested and imprisoned. Hence, treatments in prisons are also needed to prompt a therapeutic improvement of the participants and, ultimately, reduce their risk of reoffending.

International Discourse on Child Participation in Family Justice

<p>Family justice has undoubtedly molded in an interesting shape throughout the century. Recent development upholds the sovereignty of children’s right over the traditional paternalistic and maternal preference in deciding matrimonial disputes. Affording right to children to participate in matrimonial proceeding will surely be debatable and bring about further complex issues to the proceeding since children are viewed as vulnerable group who must be protected from any harm. Hence, this article intends to review the international discourse ranging from the children’s right and family justice as undertaken internationally and provides commentary on Malaysian current practice. Results indicated that statutory provisions in Malaysian laws value the wishes of a child only in custody cases but the practice is slightly erratic as distinctive judges have different practices. It is submitted that a comprehensive guideline on judicial procedure are then required to be developed in ensuring that <em>Justice must not only be done; but must be seen to be don</em>e to all parties including the children.</p>

Connecting Events in Time to Identify a Hidden Population: Birth Mothers and Their Children in Recurrent Care Proceedings in England

Thereisinternationalconcernaboutthepopulationofbirthmotherswhoexperiencerepeat court-orderedremovalofchildren.Thisarticlereportsthefindingsfromapopulationprofilingstudythatprovidesthefirstpictureofthescaleofwomen’srepeatinvolvementinpublic law proceedings inEngland.Based onnational recordsfrom the Childrenand FamilyCourt Advisory and Support Service (Cafcass)(n ¼ 43,541birth mothers, 2007–14), twosubsets of mother, child and legal proceedings data were created. The aims of the study were to:(i) produce a descriptive profile of recurrent cases, (ii) estimate the probability and timing of recurrence and (iii)examine the relationship between maternalage and recurrence. Quantitative analysis comprised descriptive statistics for profiling purposes and methods of survival analysis to estimate probabilities. Findings indicate that the family justice system recyclesasizeablepercentageofwomen (24percent)throughrepeatepisodesofcare proceedings, with young women aged sixteen to nineteen years most at risk of recurrence. Implications for social workers and the family courts are outlined with reference to new innovations in England.

Domestic Violence More Burdensome on Underserved Diverse Populations

Domestic Violence More Burdensome on Underserved Diverse Populations

Factors that influence engagement in pre-proceedings practice: presenting the roles of professionals working within the family justice system through personal narratives

Public discourse around changes introduced as part of a drive to tackle spending on welfare, reflect a less than tolerant attitude towards welfare generally, but more specifically towards parents who require state involvement to care safely for their children. The introduction of a deadline of 26 weeks for the completion of care proceedings, together with a clear steer to resolve disputes wherever possible prior to making an application to court has introduced further instrumental approaches to working with parents. In this paper we explore practitioner experiences and understandings of working within the new legislative frameworks and consider the dominant cultural narratives they are working within. However, in some cases professionals felt able to challenge the economic narrative of the pre-proceedings protocol, and they experienced the legal and policy changes as an opportunity to engage in a helping alliance with families with the provision of support that otherwise they would not have been able to offer.

The Impact of Socio‐legal Studies in Family Justice: From Oxford to Whitehall

This article introduces a new series reflecting socio‐legal empirical research and its impact both within the academic community and the wider world.

The English Children and Families Act 2014

Parts I and II of the Children and Families Act 2014 may appear to make little change to English child law, largely amending existing statutes with provisions of a procedural and evidential flavour. Yet, as this article explains, it is deeply ideological legislation with roots in the Narey Report on adoption and the Family Justice Review. The article examines the background to the legislation and shows how, in the private law, statutory language was used to convey an "official" message concerning the importance of both separating parents remaining "involved" in their children’s lives. This resulted in enactment of a presumption of parental involvement in court decision making, and a more neutral "child arrangements order", replacing the supposed polarising duality of "residence" and "contact" orders with little more than a change of terminology and the disadvantage of greater complexity. The ideology underpinning the public law provisions is to encourage adoption by speeding up the process, getting children through care proceedings as quickly as possible and into adoptive families. This thinking may appear to clash with recent jurisprudence of the higher courts which has emphasised that adoption is a "last resort" in child protection, and that significant human rights issues arise. The analysis highlights a key question, cutting across the public and private law provisions, namely whether the 2014 Act dilutes English law's long-standing commitment to the paramountcy of child welfare.

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.

A brief history of psychologists as expert witnesses in family law

The Family Justice Review (2011) has transformed the way expert witnesses are perceived and instructed in family law, meaning that child protection social work professionals are now the designated ‘experts’ responsible for undertaking complex parent, child and family assessments and writing court reports, with independent ‘experts’ (such as clinical psychologists) only being instructed when the case managing judge deems it to be absolutely ‘necessary’. So… have families involved in care proceedings suddenly become less complex, less risky and less likely to suffer from multidimensional problems, which include mental health difficulties and trauma? Or have existing child protection professionals (social workers and guardians) gained a comparable ‘range of knowledge, clinical skills and expertise’ (Brophy, 2006) to allow them to undertake the kinds of expert assessments previously completed by independent psychologists and psychiatrists? This article reviews these essential questions, speculates on the rise in negativity about psychologists as ‘expert witnesses’ and offers some thoughts on how independent psychologists can continue to work for the benefit of the highly vulnerable children and families who are the real customers in family law.

Trauma, stress, and coping among older adults in prison: Towards a human rights and intergenerational family justice action agenda.

Although there is a growing body of research on older adults and coping in prison, many inquiries about areas of concern remain unanswered. Specifically, what are the primary traumatic experiences and stressors of the incarceration experience and how do incarcerated older adults, many of whom have s

Indirect Abuse Involving Children During the Separation Process.

Separation is believed to be an antidote to risk abusers pose to their partners and children and underlines many interventions in family, juvenile, and criminal court proceedings. Countering this belief is the claim that many abusers respond to the felt loss of power and control occasioned by separation by changing or escalating abusive tactics. This study complements research on post-separation by asking whether separation is associated with an increase in threats of indirect abuse, which relies on third parties to manipulate the victim. Children, and threats made against them, can be used as a proxy to control or intimidate the victim. Using data from the Chicago Women Health Risk Study ( N = 339), the current study examined whether mothers who were separated were at greater risk of abuse through threats against the children when compared with mothers who were still in a relationship with their abuser. Results indicated that separated mothers were four times more likely to report threats to take and threats to harm the children, Exp(B) = 4.05, p < .05; Exp(B) = 3.93, p < .05, than non-separated mothers. Findings can be used to inform child custody procedures and the design of Family Justice Centers.

FAMILY LAWS AND ACCESS TO JUSTICE

The purpose of this article is to provide a brief overview of some trends in family life and family law internationally, with a focus on North America, Europe and Australasia. These trends include changes in the law concerning parenting after separation to encourage the involvement of both parents, the growth of non-marital cohabitation, and the sharp rise in the numbers of children experiencing their parents living apart by the time they are in their mid-late teens. This overview of trends then leads to some consideration of how family law systems can cope with the pressures that various demographic and social changes are creating. Courts in many countries are overwhelmed by the number of cases that come before them. This is reflected in the available data on increases in family law litigation. To promote access to justice, there is a need to rethink the role of mediation in the family justice system, to reduce discretion, and to develop more simplified procedures.