Iaals' Honoring Families Initiative: Courts and Communities Helping Families in Transition Arising from Separation or Divorce

• It is time for a national dialogue about the feasibility of creating out‐of‐court alternatives for separating and divorcing families.
• Research indicates that separating parents who provide their children with consistency, emotional support, and low conflict help children successfully adapt in the transition process.

     

我国婚姻家庭法的变革与局限

我国2001年颁布的《婚姻法》顺应经济社会发展婚姻家庭关系调整的需要,修改并发展了1980年颁布的《婚姻法》,构建了多元化的夫妻财产制度体系,建立了离婚救济制度,强化了对妇女权益、无过错配偶方和未成年子女利益的保护,形成了家事纠纷多元解决机制的雏形。但新《婚姻法》对夫妻约定财产制的设立、变更与效力等规定不够明确,现行离婚救济制度未达到预期的调整效果,未成年子女最大利益原则体现不够充分,家庭暴力的调查、预防与救助机制以及家事纠纷调解制度不够健全等诸多问题,仍有待进一步发展和完善。     

The recent marital transition in Bulgaria between historical diversity and Pan-European integration

This paper deals with the development of family dynamics in Bulgaria with particular emphasis on the transformation in individual marital behaviour observed since the early 1990s. First, a brief overview of the development of nuptiality over the last century is provided, which establishes the stability of important features associated with the eastern European marriage pattern. The recent marital changes in the country are then discussed in the context of an evolving Second Demographic Transition, which challenges the last remnants of the eastern European marriage pattern and proceeds as an integrative trend toward the plurality of family forms observed within and between European countries. Special attention is directed towards the urban–rural differences in the development of the recent marital transition in Bulgaria. These differences are analysed from the perspective of the subjective preconditions associated with the change or stability of particular values and world-views related to marital life. The analysis shows that in Bulgaria during the 1990s it was the big cities that tended to be innovative centres, disseminating the new familistic values and behavioural patterns that facilitated the development of new marital trends. Conversely, the towns and villages tended to be places in which traditional values were stronger and prevailed for longer. These values, along with some structural factors, maintained the more traditional marital profile of the rural areas for longer.     

我国《婚姻法》中夫妻财产制度的完善

婚姻法是民法的重要组成部分,也关系到千千万万个家庭和每一个人。在经过激烈的争论和探讨后,我国新《婚姻法》终于尘埃落定,并相继出台了两个司法解释,但理论研究和学术讨论并未因此而结束。本文通过对作为婚姻法重要内容的财产关系的若干问题的论述,指出了某些尚值得商榷的地方,并对此提出了一点建议。     

家务责任法律化的思考与立法建议

家务是家庭存续的重要方式,长期以来一直处于由女性承担的不公平状态。家务劳动的繁重性与无偿性严重阻碍女性进入社会生产领域,限制女性的发展,并成为引发家庭矛盾的重要原因。但我国相关法律对此还少有提及。家务责任法律化在我国不仅重要,而且将会具有特别的意义。     

Families and family structure in a Neo-Hellenic city: Hermoupolis in the mid-19th century

This article begins with the creation and development of the city of Hermoupolis and stresses its prominent economic role during the 19th century in the Greek state. It points out the problems of the official censuses and emphasizes the importance of the original source of the 1861 census of Hermoupolis, which was found in the city's municipal archives. It analyzes this source and offers some working hypotheses about the structure of households (where the dominant type is the simple family), the frequency of domestic servants, the wide spectrum of occupations, the origin of inhabitants, and social mobility based on 501 households (17%) representing 1901 individuals (17.52%) of the total for which we have information.     

Reforming Relocation Law: An Evidence‐Based Approach

In recent years, there has been much discussion within international fora about the need for a greater consensus on how to approach relocation cases. Empirical research on the lived experience of parents and children who have been through relocation disputes has an important role to play in providing an evidence base for decisions on policy. In this article, we summarize the findings of a 5‐year prospective longitudinal study of relocation disputes in Australia and make recommendations in the light of this and other research evidence concerning a new approach to relocation law. We argue that there should be no presumptions. Nonetheless there is an appropriate place for legislative or appellate guidance on how to approach these disputes. “Good faith” should be irrelevant to decision making, and children should not be placed in the center of the conflict. The adjudication of relocation disputes should be on the basis of asking three questions: First, how close is the relationship between the nonresident parent and the child and how important is that relationship developmentally to the child? Second, if the relocation is to be permitted, how viable are the proposals for contact with the nonresident parent? Third, if the relationship between the child and the nonresident parent is developmentally important to the child and is likely to be diminished if the move is allowed, then (a) what are the viable alternatives to the parents living a long distance apart? and (b) is a move with the primary caregiver the least detrimental alternative?

Key Points for the Family Court Community
• Describes the findings of empirical research on relocation disputes in Australia on the lived experience of children and families postrelocation disputes.
• Reviews various features of relocation law and proposals for reform in the light of this research evidence.
• Proposes an approach to deciding relocation cases based upon three essential questions.

     

The Effect of Coercion on Aggression and Mental Health Among Reciprocally Violent Couples

Researchers have not investigated mental health outcomes among couples who are reciprocally violent towards each other. The present study investigated differences in partner violence (psychological, physical, and sexual) and mental health symptoms (depression, anxiety, hostility, and somatic) between two types of reciprocally violent couples: situational couple violence (SCV) and mutual control violence (MVC). SCV couples use violence to address stressful family conflicts, while MVC couples use violence as a tool to control each other. Participants (N = 609) completed surveys that contained several instruments that measured past violence, coercive behaviors, physical injuries, and mental health symptoms. Results revealed that MVC reported significantly higher levels of violent perpetration and worse physical and mental health than SCV. These findings have implications for understanding the role of coercion in partner violence and mental health, which can be used for the development of appropriate mental health services for couples who are mutually violent towards each other.     

Police Interviewing and Interrogation: A Self-Report Survey of Police Practices and Beliefs

By questionnaire, 631 police investigators reported on their interrogation beliefs and practices-the first such survey ever conducted. Overall, participants estimated that they were 77% accurate at truth and lie detection, that 81% of suspects waive Miranda rights, that the mean length of interrogation is 1.6 hours, and that they elicit self-incriminating statements from 68% of suspects, 4.78% from innocents. Overall, 81% felt that interrogations should be recorded. As for self-reported usage of various interrogation tactics, the most common were to physically isolate suspects, identify contradictions in suspects' accounts, establish rapport, confront suspects with evidence of their guilt, and appeal to self-interests. Results were discussed for their consistency with prior research, policy implications, and methodological shortcomings.     

Domestic Violence and Children’s Presence: A Population-based Study of Law Enforcement Surveillance of Domestic Violence

The purpose of the present study was twofold: (1) to test whether law enforcement officers could reliably use a standard protocol to collect data on domestic violence events (DVEs) across a large municipality, and (2) to use these data to examine prevalence and nature of the violence and children’s presence. Reliability checks indicated that data were collected reliably on over 5,000 substantiated DVEs. Findings showed that 48% of all assaults in the municipality were DVEs. Victims were predominantly females in their early thirties, and injuries were predominantly minor and resulted from body contact. Children were present in nearly 50% of the DVEs. They were disproportionately present in domestic violence households compared to all other households in the municipality. Domestic violence households with children were more likely to have mothers and fathers involved in the violence and were disproportionately minority households headed by single females in relatively poor neighborhoods.     

《民法典·婚姻家庭编》之我见

尽管 2 0 0 1年《婚姻法》(修正案 )取得了可喜的进步 ,但作为一个阶段性、过渡性的立法措施 ,其制度性的缺失以及内容的失之过简 ,难于操作 ,使其仍然有很大的修改空间。民法的法典化为婚姻法的第二步修订提供了极好的机会。完善婚姻家庭法就应当按照法律规范的科学性、前瞻性、实用性 ,全面、系统地对婚姻家庭关系的各项制度作出明确具体的规定 ,而非该制度的纲要性规范。     

Reproduction and family building strategies in early modern Japan: Evidence from two northeastern farming villages

Drawing data from the local population registers called “ninbetsu-aratame-cho," this study examines the patterns and covariates of reproduction and family building in two farming villages in northeastern Japan in 1716–1870. Marriages in these villages were very early and universal for both sexes, but reproduction within marriage was very low, due in part to curtailment of reproduction at relatively young ages, but also to long intervals between recorded births. Stopping and spacing of family building were achieved primarily by an extensive use of sex- and parity-specific infanticide, which enabled peasant couples to control the size and gender-sequence of their progeny. Women's positions within their household and in the village also influenced their family building processes. Peasant couples in these preindustrial Japanese farming villages were active planners of their reproductive life.     

Learning to be A Peacemaking Lawyer: Law Student Perspectives on Building Peacemaking into Law School Curricula,Building Paths to Practice for New Lawyers,and Interdisciplinary Training

From our perspectives as students, we reflect on the teachings of Lawyer as Peacemaker, a Winter 2015 course taught at UCLA School of Law — the school's course devoted to peacemaking lawyering. Utilizing our newfound peacemaking worldview, we share our collective reactions to the Lawyer as Peacemaker course and the ten articles in the Family Court Review Special Issue on Peacemaking for Divorcing Families. We then advocate for integrating peacemaking into law school curricula and experiential learning offerings and make recommendations on how law schools today can prepare students to practice peace.

Key Points for the Family Court Community:
• This article is a collaborative work product of three students who come from an array of work experience, backgrounds and interests and from their newly founded peacemaking worldview, the three students collaboratively analyzed ideas presented in the Lawyer as Peacemaker course and the articles from this issue.
• The peacemaking mediation allows the parties more control over their legal disputes and allows the control of the costs that come with litigation.
• Peacemaking involves a holistic and collaborative method, involving mental health professionals to financial advisors as well as legal professionals.
• However, peacemaking skill courses are not readily available to many law students while studying in law school.
• This valuable asset should be made available more extensively to law students interested in family law.

     

新中华法系的诞生?--从三大法系到东亚共同体法

中华法系曾以其独特性屹立于世界法系之林,虽然它在清末就基本解体了,但它数千年积淀下来的法律传统和观念,对东亚诸国的影响仍是深刻的.近年来,在新的时代背景下,既反映西方法律传统,又符合东亚诸国利益及其历史文化传统的东亚共同体法开始形成.新世纪的东亚共同体法是一种全新的法律体系,不能将其简单地看作中华法系的复兴,它是中华法系死亡之后,在更高层面上的一种再生,在某种意义上,我们可以将其称为新中华法系.     

Establishing a Relationship Between Behavior and Cognition: Violence Against Women and Children within the Family

The goal of our study is to determine whether a person’s cognitions regarding violence against women and violence against children within the family are associated with recourse to violent behavior toward them; and (2) the extent to which an adult who has a narrow conception of violence against women also has a narrow conception of, tolerant attitudes toward, and biased attributions with regard to violence toward children. Thirty men and 32 women took part in the study. Generally speaking, respondents more easily recognized physical aggression than psychological aggression, rated it more severely, and used it more often against their children than their spouses. Further, cognitions regarding violence against women and of parental violence against children appear to be strongly associated. Our results also suggest that the conception of violence toward women is associated with violence toward children.     

Marriage at the intersection between tradition and globalization: Turkish marriage migration between Emirdag and Belgium from 1989 to present

In this paper, we will investigate the popularity of marriage migration between Turkish communities in Western Europe and emigration regions in Turkey. Our focus here is specifically on the Belgian case, namely the ‘Emirdag connection’. In Belgium, the majority of immigrants with a Turkish background come from the region of Emirdag, in the province of Afyon. On the basis of quantitative research methodologies, we first consider the magnitude of the phenomenon and the socio-economic situation of those involved. Using the qualitative research techniques of participant observation and in-depth interviews, we analyze the mechanisms in an attempt to explain marriage migration between these regions. Why do so many young people, born and raised in Western Europe, opt for an unknown partner from a region that is largely unknown to them but which proves to be their parents', or even grandparents', region of origin? Why does migration remain such a valuable life project for many young people in these regions of origin, despite the real danger of many negative side effects? The popularity of marriage migration is often explained by its role in making migration possible. However, migration theories alone cannot explain this phenomenon. Here we will argue that the existence of a ‘culture of migration’ that binds the region of origin with the region of destination and in which ‘the family’ as an institution is capable of building a bridge between traditional praxis, as well as the challenges linked to international migration, are crucial for understanding the enduring popularity of marriage migration.     

‘Til Death Do Us Part: Affidavits of Support and Obligations to Immigrant Spouses

This article analyzes the use of a federal affidavit of support, a required document that forms part of all family immigration petitions to overcome public charge grounds of inadmissibility. The federal statute mandating affidavits of support was altered in 1996 in an attempt to make them contractually binding, even after the dissolution of marriage. Further, affidavits of support implicate not only obligations between spouses, but also deeming analysis for public benefit eligibility. Case law interpreting these affidavits of support is scarce and varied, but trends, patterns, and contested issues are emerging. Yet courts have not settled on any theory and practice for incorporating these affidavits into their decisions related to family dissolution. This article provides an introduction to affidavits of support and an initial effort to frame the most critical issues related to them that arise in family litigation. This article also highlights some of the key strategic issues and caveats for litigants and parties.

Key Points for the Family Court Community:
• An introduction to affidavits of support and the immigration law context in which it exists
• A review of trends, patterns, and contested issues emerging in available judicial decisions in state and federal courts
• Key strategic issues and caveats for litigants and parties on the use of affidavits of support