Family Law Courts Research Articles

The Love Jones Cohort and singlehood are family law issues

AbstractThis article reviews the changing Black family and households. The core theme is to understand the uniqueness of those single and living alone in the Black middle class—the “Love Jones Cohort”—and how their intersecting identities of race, class, gender, and singleness inform their lifestyle, shape how they manage life decisions, and their relationship to policy as well as family law and family court. This essay moves beyond the popularized and omnipresent inquiry: “Why are Black women not getting married?” or “Why are there so many single professional Black women?” This line of questioning throws the spotlight squarely on Black women's individual dating practices, while often ignoring structural factors that undergird those decision‐making processes. It implies that because of the individual actions of the Love Jones Cohort, specifically Black women, they are somehow at a deficiency if they are not married and child‐free, rendering them invisible as a family. This article discusses the legal implications of the presence of the Love Jones Cohort.

‘The voice of the child? The child has no voice’: an Irish study exploring the voice of young children in decisions regarding contact

Since January 2016, Irish family law courts have been obliged to take into consideration the voices of children in proceedings where decisions regarding contact with parents are being made. This article examines the findings of an Irish study that shed light on how young children’s voices are heard in decisions regarding contact with parents who do not, or no longer, live together. The views of key stakeholders who have some involvement with contact arrangements for young children in the 0–6 years age category are highlighted. A thematic analysis of the data was conducted in order to understand various perspectives on how and under what circumstances young children are heard in contact cases. The findings demonstrate that the voices of young children are virtually absent in family law decisions regarding contact. Determining factors relate to the infrastructure of the courts, a significant lack of resources to support the Irish family law system and significant variation in practice approaches between social and legal professionals. As a result of these findings, suggestions are proposed for informing practice and improving service delivery in family law in a way that best meets the needs and rights of young children.

The reform of family law and Family courts in the Republic of Cyprus

La riforma del diritto di famiglia e delle Family courts nella Repubblica di Cipro
 ABSTRACT: This essay addresses the 2023 amendments to Article 111 of the 1960 Constitution of the Republic of Cyprus, as well as family law reforms in the light of the religious or belief minority rights protection, promotion, and implementation. In doing so, the article relies on the findings of the Atlas of Religious or Belief minority Rights research project. The aim is to highlight how the legal system of Cyprus is slowly detaching itself from the millet logic inherited from the Ottoman past and it is further aligning with European and international standards on the protection of minority rights in different policy areas, including family law and marriage. However, religious affiliation and religious legal systems still bear significance on some issues pertaining to family law, marriage, and dissolution of marriage.
 SUMMARY: 1. Introduction - 2. Religious (and ethnic) affiliation in the “intractable” Constitution of the Republic of Cyprus - 3. Family courts: Article 111 of the Constitution and the Orthodox Church - 4. The Family Courts of the Religious Groups - 5. The Eighteenth Constitutional Amendment and the recent family law reforms - 6. Concluding remarks.

Property valuations decided through the court system in family law separation in Australia

PurposeIn Family Law Court decisions in Australia, following divorce, the female party is frequently disadvantaged financially in the long term. This paper provides a critical assessment of valuation evidence as a data source in research and discusses valuation accuracy, valuation variation and valuation bias, as well as the Australian family court system and the role of valuers as expert witnesses. In particular, valuation in family law, as it relates to gender inequality, is discussed. The study aims to determine whether the current system of valuation in the Family Law Courts disadvantages women. This paper was important to reveal information that stakeholders in family law cases use on a day-to-day basis.Design/methodology/approachA database of 658 cases was developed and analysed to examine the influence of valuations of the matrimonial home provided by both the male and female parties on the final decision of the court.FindingsFindings showed that valuations from the female party had marginally more influence on the outcome. However, financial disadvantages for the female party persist despite this. This raises several questions for future research, regarding reasons for this persistent disadvantage.Research limitations/implicationsResearch limitations included a time-consuming process.Practical implicationsFurther researchers can use the findings from this paper to further research.Social implicationsSocial implications include the ability of the research to impact on society. In this regard, it was the matrimonial home in relation to divorce proceedings.Originality/valueThe originality of this paper stems from the analysis of a database that was created from a large number of cases from Austlii database family law cases.

Abuse of Matrimonial Laws by Wife and Role of Judiciary in Preventing Cruelty Against Husband: An Analysis

Indian marriages are considered sacred and they are once in a lifetime affair. It is a social folklore which has countless practices and rituals and is supposed to be not only between two homoserines but popularly among two units of humans who are extra ordinarily involved. It is an affair where lots of favours are put forward. Lately, it has been observed that the couples experience incompatibilities and distress. Discontent between the couples is the only reason that divorce rate and separations have increased attributing to Economic, social and cultural factors. This has assisted to an unprecedented social calamity. Centers like family and other law courts plus counseling cells and police administration that are said to be responsible for restoring social justice are extremely milked and over burdened. This has led people to adopt the trending concept of live in relationships. It is a traditionally accepted and established fact that a man is always considered as a macho and is physically stronger than the women whereas on the other side women have an extended hand on mental strength. This caters to the need of protection of men from mental violence if women are protected from physical violence. It has become a notion that when it comes to domestic violence cases and marital disputes, the husband with his entire pedigree and companions are said to harass the bride and are sketched as needy of dowry. This concept has been grasped by the legal and social systems of India. In the orthodox Indian society women have been victimized traditionally this is the reason the social and legal systems are obsessed and extremely concerned to protect the women from violence. This obsession has led to ignorance of misuse of various laws by wife and her relatives falsely accusing and harassing the legal mate and his pedigree by levying untrue and baseless averments and also by soliciting provisions of Anti-Dowry law. The women centric laws are misused only for blackmailing sympathy and extortion. In the era of Article 14 of the Constitution there are laws for the safety of women who falsely or truly claim to be harassed but at the same time there are no safeguards against harassment which is caused by wife to their bridegrooms. When a husband turned accused fights for his innocence the corrupt system, the feminist organizations, the police and the courts reminds him of systematic bias. There are special women-centric laws that provide for the safety of women who claim to be harassed. However, there are no safeguards against harassment caused by wives against the husbands.

The Execution of Family Law Court Rulings in Jewish Communities in Tunisia and Libya in the Early Twentieth Century: The Challenge of Enforcement Without Sustenance Ronel Atia

The article examines the enforcement of verdicts by Jewish courts in two early entiethcentury Jewish communities: in Tunisia, particularly the capital city of Tunis, as it transitioned from Muslim rule to an European protectorate, and in Libya during the last years of the Ottoman Empire. It analyzes three documents that reflect the ways in which various Jewish courts handled cases related to family law and used sanctions to uphold Jewish law. The situations described in these documents raise questions about the Jewish courts’ authority to execute judgments in matters under their immediate jurisdiction. This article may provide a basis for the study of similar issues in other Jewish communities in the Ottoman Empire and in other periods throughout history.

Punishing Disclosure and Silencing Victims: How the California Family Law Courts Retraumatize Abused Children By Labeling Them “Alienated”

Punishing Disclosure and Silencing Victims: How the California Family Law Courts Retraumatize Abused Children By Labeling Them “Alienated”

Relationship between Livelihood Coping Strategies and Livelihood Outcomes for Smallholder Farmers in the Bawku District of Northern Ghana

This research paper is a result of a study that analysed the relationship between livelihood coping strategies and livelihood outcomes for smallholder farmers in Bawku East District of Northern Ghana. The descriptive research design was chosen to permit obtaining and describing of information concerning the land acquisition structures/processes; the available livelihood assets, how these could be transformed through innovative livelihood coping strategies towards achieving sustainable livelihood outcomes for the rural dwellers who lost land in the Bawku East District of northern Ghana. The correlational design was utilised to permit investigation of the relationship between land acquisition and livelihood outcomes among smallholder farmers in Bawku East District of northern Ghana. 400 individuals participated in the study in four villages in Bawku District. The villages were selected because they had been affected by large scale land acquisitions for community development projects. The study found out that the nature of land acquisition process is not modelled to improve livelihood coping strategies adaptation among the farmers in Bawku East District; that non-agricultural specialization is key to better livelihood outcomes due to consequences that come along with land acquisition. The adaptation of better land acquisition structures through non-agricultural diversification approaches is desirable for good livelihood outcomes; but its aftermath is associated with land conflicts in the Bawku East District. The use of family heads, traditional chiefs, and law courts for settlement of conflicts are essential in resolving land conflicts in Bawku East District.

Locked down? Speaking from the shadows and silence for survival

AbstractI write to speak of silencing and the suffering of survivors of domestic abuse in the family courts of England and Wales and the struggle to find a voice to articulate the hardship faced in this lockdown through court. It has taken the whole period of lockdown to find the words, the courage to keep writing, even as tears stream down my face, even as I sit in a virtual court hearing, even as my voice breaks as I fight to be heard. This text is a glimpse into a world that is hidden in plain view, where I will share fragments of my lived experience. I am scared to write but know I speak or am lost in the silent void that I have known for too long. Domestic abuse and the taboo around it screams at me to remain unseen, hidden, and invisible. I keep returning to find the words, as the very real cost of not naming the violence and reaching out to speak through it is too high. The fragmented account that follows is a raw telling of living life through the court system; it is written to share a voice that was unheard in the family law court and has been minimized, side‐lined, ordered, and silenced through 3 years of the court journey and the embodied effects this has had. It moves between space and time to show a journey endured. Can you hear me? Will you bear witness?

Culturally competent social work in Arab–Palestinian locality welfare bureaus in Israel: Is it possible?

Abstract Ethnic groups exist almost everywhere. Generally, each group is related to uniformly, although it may comprise several subgroups. An example is Israel’s Palestinian-Israeli population, which consists of three ethnic–religious subgroups: Muslims, Christians and Druze. They coexist in nearly all domains of life, but maintain separate schools and family law courts. Most of the professional literature on Palestinian-Israelis, especially in Israel, ignores their differences. This qualitative study, using semi-structured interviews conducted in 2018, highlights this lacuna in the context of the demand for multicultural social work. Participants were forty-two male and female social workers—roughly one-third each Muslims, Christians and Druze—in welfare bureaus in ethnically–religiously mixed Palestinian-Israeli localities. The findings reveal that the ethnic–religious composition of the social workers in a locality does not reflect the ethnic–religious balance of the population. Despite the interviewees’ lack of formal ethnic–religious-sensitive knowledge, they displayed informal knowledge. Nevertheless, the different needs of the three ethnic–religious groups met with undifferentiated responses. The welfare bureaus prefer a uniform policy rather than recognising differences, impeding the advancement of inter-ethnic cultural competence. This article contributes to world knowledge regarding cultural competence and highlights the need for culturally competent skills that are sensitive also to ethnic–religious subgroups.

The degendering of male perpetrated intimate partner violence against female partners in Ontario family law courts

ABSTRACT In this paper, we conducted a critical community-engaged Ontario family law case review of 46 cases from 2019 where intimate partner violence was identified. We explored the extent to which judges identified and addressed intimate partner violence and whether the gender of judges impacted on trial outcomes and judges’ parental assessments. We found that judges de-gendered the language of violence, which impacted trial outcomes (e.g., more rulings of unsupervised access for fathers despite them having been violent) and a mutualisation of responsibility by referring to the violence as ‘conflict.’ We also found that male judges were more likely to negatively assess the mothers as both parents and witnesses. We call for more research that explores whether the changes to the Canadian federal Divorce Act (which includes ‘family violence’) will have an impact on the manner in which intimate partner violence is identified and/or referred to by family law judges, and if and how this influences the weighting of salient outcomes in Ontario family court cases.

'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.
 
 

Linking data on women in public family law court proceedings concerning their children to mental health service records in South London

IntroductionMaternal mental health problems and substance misuse are key risk factors for child neglect or abuse and court-mandated placement into care. Linkage between mental health records and family court data could raise awareness about parent mental health needs and inform approaches to address them. ObjectivesTo evaluate data linkage between administrative family court data and electronic mental health records for a population-based mental health service for 1.3 million people in South London. MethodsWe deterministically linked administrative family court data for women (n=5463) involved in care proceedings in South London with service user records from the South London and Maudsley NHS Mental Health Trust (SLaM). We restricted the cohort to women involved in proceedings between 2007 and 2019, in local authorities where SLaM solely provides secondary/tertiary mental health services and the Improving Access to Psychological Therapies (IAPT) (n=3226). We analysed the associations between match status and sociodemographic/case characteristics using multivariable logistic regression. ResultsTwo-thirds (2317/3226; 66%) of women linked to a SLaM service user record at some point; most (91%) who linked accessed secondary/tertiary mental health services, indicating serious mental illness. Accounting for possible missed matches, we estimated that 70-83% of women accessed SLaM services at some point. Older women at index proceedings (>35yrs OR: 0.69, 95%CI: 0.54-0.88vs<25yrs) and Black women or women from other ethnic groups (Black ethnic groups 0.65, 0.50-0.83; other ethnicity 0.59, 0.43-0.81 vs White ethnic groups) had lower odds of linking. Odds of linking were higher for women with an infant in proceedings (1.42, 1.18-1.71), or with curtailed/terminated parental responsibility (1.44, 1.20-1.73). ConclusionsOur linkage supports growing evidence of a high burden of mental health problems and substance misuse among women whose children enter care in England, compared to the general population. Research using this linkage should inform strategies to address the considerable mental health needs of vulnerable women and their children.

Linking data on women in public family law court proceedings concerning their children to mental health service records in South London.

IntroductionMaternal mental health problems and substance misuse are key risk factors for child neglect or abuse and court-mandated placement into care. Linkage between mental health records and family court data could raise awareness about parent mental health needs and inform approaches to address them.ObjectivesTo evaluate data linkage between administrative family court data and electronic mental health records for a population-based mental health service for 1.3 million people in South London.MethodsWe deterministically linked administrative family court data for women (n=5463) involved in care proceedings in South London with service user records from the South London and Maudsley NHS Mental Health Trust (SLaM). We restricted the cohort to women involved in proceedings between 2007 and 2019, in local authorities where SLaM solely provides secondary/tertiary mental health services and the Improving Access to Psychological Therapies (IAPT) (n=3226). We analysed the associations between match status and sociodemographic/case characteristics using multivariable logistic regression. ResultsTwo-thirds (2317/3226; 66%) of women linked to a SLaM service user record at some point; most (91%) who linked accessed secondary/tertiary mental health services, indicating serious mental illness. Accounting for possible missed matches, we estimated that 70-83% of women accessed SLaM services at some point. Older women at index proceedings (>35yrs OR: 0.69, 95%CI: 0.54-0.88vs <25yrs) and Black women or women from other ethnic groups (Black ethnic groups 0.65, 0.50-0.83; other ethnicity 0.59, 0.43-0.81 vs White ethnic groups) had lower odds of linking. Odds of linking were higher for women with an infant in proceedings (1.42, 1.18-1.71), or with curtailed/terminated parental responsibility (1.44, 1.20-1.73).ConclusionOur linkage supports growing evidence of a high burden of mental health problems and substance misuse among women whose children enter care in England, compared to the general population. Research using this linkage should inform strategies to address the considerable mental health needs of vulnerable women and their children

Family Law Court orders for supervised contact in custodial disputes – unanswered questions

AbstractThe focus of this study was on the application of orders for supervised access made by the Australian Family Law Court in cases that involved conflicting claims by custodial and noncustodial parents. Based on accessible Court transcripts for the 28-month period ending in early 2019, 103 cases involving 172 children were identified in which orders required supervision for visitation and/or changeovers. The patterns found through thematic analysis suggest that there is a shift to increasing use of final orders involving supervision through child contact centers as either an indeterminate or permanent arrangement. This shift has significant implications for current models of supervised access/changeover, and a greater understanding in terms of the outcomes being achieved is required.

Revenge among Parents Who Have Broken up Their Relationship through Family Law Courts: Its Dimensions and Measurement Proposal

This work analyzes inter-parental revenge after a breakup process, as it relates to the dark triad of personality, moral disengagement, and sex role ideology. Our objective was to test a predictive model for revenge based on these variables. Additionally, a scale to measure revenge among parents was developed. A sample of 384 participants who had minor children, had broken up their relationship, and had undergone or were undergoing problematic judicial procedures regarding their children completed a survey. They answered to measures of the dark triad of personality (Machiavellianism, narcissism, psychopathy); moral disengagement strategies; sex role ideology, and revenge. An instrument (the R scale), with adequate reliability and validity was developed to test revenge. Results show that revenge behaviors are perpetrated by 1 to 5% of participants. Revenge has three components: revenge through the child, revenge through economic manipulation, and revenge by cutting off communication. Results also show that for males, but not for females, sex role ideology mediates the relationship between the components of the dark triad, moral disengagement, and revenge. This paper aims at providing some insight for the protection of minors from manipulation by means of the Family Courts.

Five years after Carmody: practitioners’ views of changes, challenges and research in child protection

AbstractChild protection work is a complex and difficult area of practice, one that is closely scrutinised and criticised, and impacts on the lives of many children. In Australia, child protection systems are overloaded, and increasing numbers of children and families receive child protection interventions each year. This study explored the views of North Queensland practitioners who work in the child protection field, examining changes and challenges in this field of practice, and their suggestions for the future research that is needed in child protection. The study took place 5 years after the 2013 Queensland Carmody inquiry into child protection intervention, which recommended sweeping changes to the child protection system. Twenty-two practitioners participated in this study. Respondents reported an increase in the complexity of cases, a gap in legislation change/practice frameworks and practice, and the application of trauma-informed practice. They highlighted the intersection of child protection, domestic violence and family law and observed that women and children continue to be exposed to violence because of Family Law Court orders. Respondents identified a number of areas where research is needed.

Institutional Violence Against Users of the Family Law Courts and the Legal Harassment Scale.

The term harassment is often used to refer two contexts, the workplace and school, but not the legal system itself. Long drawn-out litigation in the Family Law Courts often produces a surreptitious phenomenon of violence toward one of the litigating parties, who become victims of the legal system itself. The aim of this study was to determine whether legal harassment could be detected and measured in the Spanish Justice System using an innovative Legal Harassment Scale (LHS). This hypothesis was substantiated by the data obtained using a new 32-item psychometric instrument with a global index: the LHS, consisting of four factors: Direct Aggression, Procedural Harassment, Personal Contempt, and Manipulation of Reality. The estimated reliability and validity of the LHS was satisfactory, both in terms of the global score, and for each of the four factors distributed along the normal curve. The results of this study are discussed in terms of the limitations of the study and in relation to future lines of research aimed at ensuring that the legal system respects and safeguards the rights of the parties involved in litigation, and that no party falls victim to legal harassment.

Legal Capacity at a Crossroad: Mental Disability and Family Law

In this introductory essay to the Special Issue, I argue that both family law and disability rights law scholars should examine a key point of intersection across areas: legal capacity or the law's recognition of the rights and responsibilities of an individual. For example, parental termination proceedings center on parental fitness and functional capabilities. I contextualize the articles in the Special Issue by Leslie Francis and Robyn Powell on the role of reasonable accommodations for parents with disabilities in parental termination proceedings. In addition, I call upon legal scholars, family law courts, and practitioners to reimagine governing legal standards in family law according to principles of universal design to shift the baseline capabilities associated with parenting and parental fitness.

Organized Pseudolegal Commercial Arguments in Canadian Inter-Partner Family Law Court Disputes

This article addresses the phenomenon of Organized Pseudolegal Commercial Arguments (OPCA) from the lens of inter-partner disputes. The author begins by briefly reviewing the history of OPCA in Canada, and then proceeds to conduct a Canada-wide survey of OPCA judgments that involve inter-spouse conflict. One of the primary cases focused on is the Alberta judgment, Meads v. Meads. The author finds that there are few OPCA judgments to draw from, which he concludes is a result of the character of OPCA pseudolegal concepts. These concepts are typically intended to target government and institutional actors, rather than private individuals, meaning that these arguments are ill suited to family law situations.