Family Law Cases Research Articles

Lessons for a COVID-19 era: Barriers and facilitators to court ordered online parenting programs for divorcing and separating parents.

Family courts are increasingly interested in online parenting programs for divorcing and separating parents, particularly during the COVID‐19 pandemic. To our knowledge, no previous study has evaluated the barriers to and facilitators of parent participation in these programs for family law cases. We interviewed 61 parents in the midst of family law cases regarding their perspectives. While many parents viewed online parent programs positively (e.g., convenient), they also reported barriers to participation (e.g., technology problems). We offer recommendations (e.g., communication about program benefits) to support courts as they decide whether to continue ordering online parent programs following the pandemic.

DNA Testing and Paternity Lawsuits in Morocco: The Tangier’s Court Case

Abstract A child born out of wedlock is typically not entitled to paternity recognition in Morocco. In an unprecedented move in 2017, the First Instance Family Court in Tangiers recognized the familial relationship connecting a father to his biological daughter and ordered him to pay child support, but the ruling was revoked at the appellate court. The appellate court also invalidated the lower court’s use of international conventions, explaining that the child is so foreign to her father that the possibility of their future marriage would not be overruled. After further appeal, the overruling of the appellate court was confirmed at the cassation level in September 29, 2020. The Tangiers First Instance Family Court allowed for DNA tests to be admitted into evidence in family law cases, a procedure that is usually avoided. The plaintiff was a mother who wanted to prove the paternity (bunuwwa) and lineage (nasab) of her daughter born out of wedlock. The case illustrates how, as medical science advances, international law and conventions may interact with domestic, Islamic, and constitutional law. This case also shows how two Muslim jurists reacted to DNA testing and their starkly different use of such expertise in their judicial reasoning.

Pandemic restrictions in Ethiopia: Impact on family law cases in Amhara regional state courts.

This article discusses the impact of pandemic restrictions on the family court system in Ethiopia. As lack of technological infrastructure made shifting to online services impossible, court services remained in‐person. Public health measures required a drastic reduction in case hearings in order to allow social distancing. Both federal and regional state courts were partially closed from early March 2020 to end of September 2020 and only entertained cases of “urgent” nature that affected life, liberty, and public safety. The article focuses on strategies adopted by family courts in Amhara Regional State with respect to its impacts on litigating parties in such courts. It argues partial closure of court services disrupted access to justice in family law cases and increased vulnerability of women and children. This article proposes alternative strategies other than partial closure of court services.

Family Court Responses to Claims of Parental Alienation in Quebec

Abstract An increasing number of cases of parental separation involve high conflict and claims that a parent is alienating a child. This study analyzes reported family law cases involving claims of parental alienation in Quebec between 2017 and 2020 (n = 164). Bivariate analyzes were undertaken to establish correlations between family characteristics (child's age, safety issues concerning the children and parents, severity of the parental conflict, child's age, allegations of domestic violence and child abuse) and court decisions. Judges made a finding of parental alienation in a minority of cases where a claim of alienation was made, and in more than a quarter of cases did not resolve the claim. Issues of family violence were raised in about a quarter of the cases where alienation was an issue. The courts rarely dismissed a claim of violence and made a finding of alienation. The most common outcome of all cases was a continuation of the status quo, with a custody reversal in only a few cases (n = 7). Mothers were more often alleged to be engaging in alienating behaviour, but there is a lower rate of judicial substantiation of alienation against mothers, and the study did not find evidence of gender bias. Judicial findings of alienation were associated with substantiation by a child custody evaluator or the child protection service. Only a small portion of cases resulted in orders psychosocial interventions. The authors argue that courts, agencies professionals need to better address issues of parental alienation and family violence.

Взаимодействие ребенка с родителем: судебно-психологические экспертные оценки

In our scientific work we tested a methodology for studying child’s interaction with his/her cohabitant parent and the one living away. The methodology is integrated into the compre-hensive forensic, psychological and psychiatric examination which is carried out during family law cases between divorcing parents and is aimed to decide the child’s place of resi-dence or visiting arrangements for the separated parent. The methodology protocol includes sociodemographic parameters, expert decisions and two datasets on the child-parent rela-tionship found during the forensic examination and interaction test. 66 children aged 4-15 have been examined. Of those, 28 children (23 boys, 5 girls) were incapable to make their own decisions on the issues that might affect them (due to the induced state they were in as a result of the cohabitant parent’s actions). The 38 remaining children’s (17 boys, 21 girls) abilities to make their own decisions were intact. The research isolated highly informative interaction peculiarities that are typical for the children who are unable to make their own decisions on the substance of the litigation and also demonstrated their high importance for expert diagnostics.

Online Dispute Resolution for Post-Judgment Family Law Cases. A Report to the Ottawa County, Michigan, Friend of the Court

Online Dispute Resolution for Post-Judgment Family Law Cases. A Report to the Ottawa County, Michigan, Friend of the Court

Application of principle of res judicata and estopple in family law cases in Syariah court

This writing examines the Syariah court’s approach in applying the principle of res judicata and estoppel in family law cases in Syariah. With the existence of the legal provisions, there are still the unclear application of res judicata and the principle of estopple in terms of hearing mal cases especially the matter involved with a monetary claim for example mut’ah cases, child maintenance, and jointly acquired property. Although this principle has been understood by the legal practitioner, the synchronization between the principle of res judicata, estopple, and court procedure is yet to be scrutinized by the Courts. Thus, a qualitative study was carried out along with library research including decided cases in this research. The content analysis method is applied in data analysis. This study indicated that in arriving at a decision, Syariah Court indirectly applied these principles. However, the implementation of these principles should be highlighted to validate the principle of justice in Syariah Courts.

Bindung von Kindern in familienrechtlichen Fragestellungen bei Gericht: Erkenntnisse und Missverständnisse

Psychological judicial expert reports for family law cases can include errors in the assessment of children’s attachments, their origins, their consequences, and the subsequent recommendation for the court. The article specifies potential sources of such errors and reviews several topics that are relevant for the evaluation and use of attachment assessments in psychological family law expert reports. These topics include attachment to mother and father, attachment hierarchy, the role of quantity and quality of contact to caregivers for attachment development and the use of results from attachment research on developmental consequences of attachment security and insecurity for psychological family law expert reports.

Preparing Mediators to Mediate Cases Reporting High IPV in a Randomized Controlled Trial: The Importance of a Mediation Manual, Training, and Consultation

This article addresses the training of mediators participating in a randomized controlled trial (“RCT”) that examined the outcomes of family law cases with children in which parents reported high or concerning levels of intimate partner violence (“cases reporting high IPV”). In the RCT, we studied two specialized forms of mediation designed to protect the safety of IPV survivors (shuttle or videoconferencing) compared to each other and to traditional litigation. In implementing the RCT, the researchers utilized a three‐part program to train the participating mediators with: (1) a manual; (2) in‐person training; and (3) ongoing peer consultation. Though this three‐part training regimen is utilized in RCT research scientifically testing interventions, to our knowledge this was the first such training program in the mediation context. Results supported a finding that the combined use of a manual, training, and peer consultation is helpful for mediators who lack prior training in mediating cases reporting high IPV by providing protocols to conduct mediation in these cases and helping ensure participant safety and satisfaction. The researchers were fortunate to collaborate with a mediation program that understood and appreciated the need for, and the importance of, this three‐part training program to test the two models of mediation. The researchers hope other mediation programs will consider the use of these tools to better train mediators, thus benefitting the parties involved in mediation, particularly those in cases reporting high IPV.

Dilema Hakim Pengadilan Agama dalam Menyelesaikan Perkara Hukum Keluarga Melalui Mediasi

This article aims to determine the role of judges in resolving family law cases through mediation in the Religious Courts, where judges have the position as state officials as regulated in Law Number 43 of 1999 concerning Basic Personnel, can also be a mediator in the judiciary. as regulated in Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures where judges have the responsibility to seek peace at every level of the trial and are also involved in mediation procedures. The research method used in this article uses normative legal research methods. Whereas until now judges still have a very important role in resolving family law cases in the Religious Courts due to the fact that there are still many negotiating processes with mediation assisted by judges, even though on the one hand the number of non-judge mediators is available, although in each region it is not evenly distributed in terms of number and capacity. non-judge mediator.

Role of Forensic Evidence in Upholding Justice: Exploring Islamic Law and the Experience of Syariah Courts in Malaysia

In Islamic law of evidence, there are several forms of evidence commonly used by courts to establish facts. In today’s era, a form of evidence called forensic evidence has also emerged. A question then arises, what is the appropriate legal basis for acceptance of this forensic evidence in the Islamic law of evidence. This paper focuses on the evolution of the Islamic law of evidence and investigates the position of forensic evidence in Islamic law from sources such as the Quran, the Prophet’s traditions, and the practices of the Companions of the Prophet. In addition, this study also looks at the experience of the Malaysian Syariah Courts in terms of how forensic evidence is dealt with in hearing family law cases. The research design of this study is content analysis. Data were obtained by document analysis, including books, papers, journals, case reports, and other records relating to the role of forensic evidence. The methods used to interpret the data for this qualitative research are analytical and deductive. As a result, it can be said that forensic evidence is not an unfamiliar matter in the Islamic law of evidence. In fact, forensic evidence has been relied on by the Syariah Courts of Malaysia in making several decisions for certain cases in order to ensure that justice is upheld in society.

'Part of the Future'


 
 
 In March 2020, the family law courts, like other Australian courts, moved to hearing proceedings ‘remotely’, by phone, audio-visual link or software platform. This article examines the particular circumstances of family law cases that likely impact on whether it is appropriate for remote procedures to be used. Giving context to these themes, the article reports on a survey of Australian federal judicial officers about their experiences of conducting family law proceedings remotely.
 
 

Wedlock or Wed-Lockup? A Case for Abolishing Restitution of Conjugal Rights in India

Abstract Colonialism in India consisted of a “civilizing mission” when the British rulers sought to initiate reforms in India, by projecting themselves to be the forerunners of modernity. Ironically, restitution of conjugal rights (RCR) runs contrary to any claims of modernity. Through an RCR, an unwilling spouse could be directed by the coercive machinery of the law to cohabit with his/her spouse, in recognition of the right of married persons to conjugality and consortium. Although couched in gender neutral terms, the remedy had and continues to have grave ramifications for women. This was applied by British judges to family law cases in India in the 1800s, and incorporated in family law statutes in post-independent India. RCR remains in force and is a legal remedy sought in the Indian courts till date, although it was abolished in England in 1970. This article critically examines RCR through historical, legal, feminist and comparative law perspectives. It analyses the impact of the English remedy on the norms of marriage and family in India, which are sites of oppression of, violence against and subordination of women. It argues for the repeal of RCR from the Indian statute books as it undermines bodily integrity and sexual autonomy of women in intimate relationships, and is incongruent with constitutional principles and India’s international human rights obligations.

Disputes Over Frozen Embryos in Family Law Cases – A Defense of Counsel or Contemporaneous Mutual Consent

Disputes about what to do with unused, cryopreserved, pre‐implantation, pre‐embryos (“frozen embryos”) in family law cases have been making headlines for nearly 30 years. At least 15 cases have been decided by courts of appeal across the U.S., and the result of these decisions is uncertainty. Cases have been decided primarily based on three different approaches: the contract approach; the balancing of interests approach; and the contemporaneous mutual consent approach. There is great reluctance to decide any case in a manner that will compel parenthood against a person's wishes. The article proposes that we adopt the approach of counsel or contemporaneous mutual consent.

Serving-Up the ACE: Understanding Adverse Childhood Experiences (“ACE”) in Dependency Adoption Through the Lens of Social Science

Almost certainly, every child who enters the foster care system has endured some sort of trauma. It is unrefuted that childhood trauma correlates with mental, physical, and behavioral problems well into adulthood. In 1998, one of the first major studies of the relationship between certain forms of childhood trauma and adult behavior and disease was reported. Collectively, these traumas are called “Adverse Childhood Experiences” (ACE). Today ACE refers to ten common forms of trauma that individuals may have experienced as children. To put this issue in perspective, it is currently estimated that 34.8 million children in the United States are affected by ACE, two out of three adults have one or more ACE, and one out of eight adults have four or more ACE. Since the original study, several studies have been published linking ACE to detrimental lifelong effects relating to mental health, chronic health, and behavior patterns. Despite this, the consideration of ACE in family law and child welfare-related cases is a relatively new concept in courts across the country. This Article summarizes the research on ACE and how this research has become integrated into the courtroom, using the Florida court system as an example. In addition, in a novel approach, this article will articulate how ACE research and findings can be utilized in foster care adoption.

Underestimating the unrepresented: Cognitive biases disadvantage pro se litigants in family law cases.

Underestimating the unrepresented: Cognitive biases disadvantage pro se litigants in family law cases.

Methodological Challenges in Social Science: Making Sense of Polarized and Competing Research Claims

Legal and mental health professionals face significant challenges when addressing situations in which children resist contact with a parent. There remains only limited empirical research on the differentiation of types and severity of contact problems, the resulting impacts on children and adolescents, and the outcomes of interventions. Often, family justice professionals encounter conflicting information that presents wildly diverging views on the scientific knowledge base used to guide understandings of human interaction. In cases involving resist‐refuse dynamics (“RRD”), the polarized claims, characterized by dichotomous thinking, often assert abuse by the rejected parent, on the one hand, or alienating behavior by the favored parent, on the other hand. When presented with conflicting social science research, understanding basic experimental design methodology is critical to resolving questions of the reliability and utility of the information presented. Equally important, is an understanding of cognitive bias and the human tendency to experience difficulty in modifying belief systems when presented with updated information; this understanding includes changing conceptual frameworks for decision making in family law cases. While polarized and often acrimonious debate in the field may be reflective of larger societal strife, recognizing strengths and weaknesses in the ideas presented in research literature allows for an integrative approach to bring more light, and less heat, to the larger conceptualization of human interactions we have to address in the family court setting.

Data Resource: Children and Family Court Advisory and Support Service (Cafcass) public family law administrative records in England.

IntroductionIn England, in cases of child maltreatment or neglect, the state can intervene through the family court to remove children from their family home and place them in out-of-home care. The Children and Family Court Advisory and Support Service (Cafcass) collects and maintains administrative records of all public family law cases in England. While these national records are primarily used to monitor and manage the workflow of Cafcass teams across England, researchers have re-purposed this data for analysis to understand the drivers and outcomes of public family law intervention.Data contentsThe administrative dataset is a reflection of the cases Cafcass is involved with and the extent of that involvement. The dataset contains information about the local authority that makes an application to initiate public family law proceedings, the children and families involved, and the duration and details of the case. Between 1 April 2007 and 31 March 2019, Cafcass captured information on approximately 172,100 public family law cases, involving 282,300 children, and 349,600 adults (of which 289,300 are recorded as biological parents). Amongst the information recorded are the relations between adults and children, making it possible for researchers to identify family groups. Additionally, recording practices at Cafcass have improved over time, this has increased the availability of demographic information of all those involved, as well as child’s final legal outcome.Data accessResearchers can apply to the Secure Anonymised Information Linkage databank (SAIL) for access to the Cafcass pseudonymised administrative data extract, where it is refreshed bi-annually.Keywordschildren, out of home care, family relations, family law

Penalizing women’s fear: intimate partner violence and parental alienation in Canadian child custody cases

ABSTRACTThis paper explores Canadian family law cases involving claims of parental alienation and of family violence from 2014–2018, reporting the data on these claims, their resolution, and their impacts upon custody and access. A close reading of those cases where both alienation and intimate partner violence claims are made reveals troubling patterns in how intimate partner violence is discounted in this context. We suggest that the rise of shared parenting as a dominant norm assists in understanding why alienation has achieved such unquestioned status, and call for greater focus on safety and women’s and children’s voices.

The Need for Confidentiality in Evaluative Processes: Arbitration and Med/Arb in Family Law Cases

Arbitration, mediation/arbitration and arbitration/mediation allow parties to resolve their disputes usually more expeditiously, privately and with less cost than going to court. While confidentiality is seen as essential to the mediation process and often included in statutes, confidentiality seems less essential to a more adversarial process. Confidentiality provisions rest at the intersection between privacy and self‐determination and the protection of vulnerable parties in family law disputes. This article explores the importance of confidentiality clauses in drafting arbitration and med/arb or arb/med agreements.