The Role,Benefits, and Concerns of Digital Technology in the Family Justice System

Digitalization is increasing across family justice systems around the world. What are the benefits? What will be the impact on professional practice and legal representation? What are the concerns for those who may be digitally disadvantaged? How much can justice itself become digital?     

Family Relationships and Family Justice in Europe: Changes and Challenges

The huge diversity in family life and living arrangements across the globe has far‐reaching implications for the ways in which families are supported and family justice is administered. Given the serious concerns about the number of relationships that break down and the potentially detrimental impacts on children and their parents, it is essential to understand the triggers threatening the stability of couple relationships, including the financial stresses caused by the recent global recession and accompanying fiscal austerity. Since family relationships are central to the psychological, emotional, social, and economic well‐being of adults and children everywhere, policy makers and practitioners should collaborate across international boundaries to develop interventions that promote family well‐being, secure the best interests of children, and ensure the conditions and systems in which families can thrive.     

Parental Use of Physical Punishment as Related to Family Environment, Psychological Well-being, and Personality in Undergraduates

Childhood experiences of physical punishment were examined as related to perceptions of family environment during childhood and affective and personality outcomes of college students. From the 274 respondents who participated, scores were compared for the participants with the 75 highest and 75 lowest physical discipline scores based on the Conflict Tactics Scale (CTSPC-CA). Respondents who experienced the highest level of physical punishment in their families of origin reported higher family conflict, more negative parental relationships, greater family worries, more depressive symptoms, more perceived nonsupport, greater identity problems, and more negative social relationships. Respondents in the low physical punishment group reported higher positive family affect. Results suggest that experiencing physical discipline as a child may be related to one’s family environment and psychological well-being in young adulthood.     

Evaluating the work of Australia's Family Relationship Centres: Evidence from the first 5 years

Family Relationship Centres (FRCs) have been described as a centerpiece of Australia's 2006 family law reforms. This paper places these centres in the larger context of the reforms and their commitment to providing community‐based family services in the family law area. The paper also examines the empirical evidence regarding FRCs' use and effectiveness. It notes that while the objectives and intentions of FRCs place considerable emphasis on strengthening family relationships and assisting families to stay together, the centres themselves have only a modest level of direct involvement with intact families. FRCs tend to have strong links with other community‐based family services, many of whom are more engaged with intact families; but it is difficult to gauge their effectiveness in this area. Most FRCs' direct services are aimed at separating families and most of that work involves family dispute resolution (family mediation) and associated services such as screening and assessment and the provision of relevant information. A substantial majority of clients who attend FDR at an FRC reach agreement about their parenting arrangements either at FDR or subsequent to attending FDR. These agreements also tend to hold up in the medium term. A majority of parents believe that at FDR, the child(ren)'s needs were taken into account; the parenting agreement worked for the child(ren); and the parenting agreement worked for them. A substantial proportion of FRC clients come from families that have experienced family violence or other dysfunctional behaviours, and such behaviours reduce the chances of resolving parenting disputes. The paper concludes by suggesting that having been created mainly as a default alternative to legal interventions and court processes, it is likely that a major future strength of FRCs will lie in their emerging capacity to work constructively not only with other relationship services and networks, but with family lawyers and the courts.     

Resilience in Sexually Abused Women: Risk and Protective Factors

The goal of this study was to evaluate the contribution of family characteristics (family conflict and cohesion) and abuse characteristics (age at which abuse occurred, abuse severity, and relationship to perpetrator) to resilience (self-acceptance, ability to engage in positive relationships with others, and environmental mastery) in a sample of one hundred and 77 university women who had experienced childhood sexual abuse (CSA). The respondents completed a questionnaire that focused on childhood experiences including family environment in childhood, characteristics of the abuse they had experienced in addition to degree of current resilience defined as their level of well-being (self-acceptance, ability to engage in positive relationships with others, and environmental mastery). The results indicated that family characteristics accounted for 13–22% of the variance in the well-being outcomes. In contrast, abuse characteristics accounted for 3% or less of the variance in the well-being outcomes. The clinical implications of these findings are discussed.     

Freedom and Futures: Personal Priorities, Institutional Demands and Freedom of Religion

How should one define the legitimate reach of individuals' institutional obligations in the light of their right to freedom of religion? The most divisive settings for this question involve exclusions from certain jobs and schools. At the same time, some fundamental issues of ethics and law lie in the background. One of the most central concerns choice. On one approach, if there are other sources of work or education that do not make the same demands on the objector then she should choose between conforming and taking up that alternative. On another approach, even if there are such alternatives, people should not be confronted with such a dilemma: they should be entitled to stay in their preferred institution, which must make its best effort to accommodate them. The conflict between these two views arises from underlying differences concerning the nature of free choice itself; about the obligations borne by institutions in civil society; and about basic rights. The connections between these notions are investigated, and a way through the disagreement is suggested.     

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.     

Children Resisting Contact with a Parent Due to Abuse,Alienation, or Other Causes: Can a Proactive Role for Lawyers Contribute to Better Outcomes?

Lawyers have a significant role to play in cases where children are resisting contact with a parent, or the family appears to be going down that path, in the context of parental alienation, family violence or other factors. These cases pose great challenges for lawyers dealing with parents, as their clients are often anxiety‐ridden, angry, scared, and may have difficulty focussing on the long‐term interests of their children or themselves. A lawyer may be one of the first professionals encountered by the parents; lawyers for parents are advocates, but they are also in a position to provide wise counsel, to help triage the situation, provide practical advice, and early, helpful solutions. This article sets out practical suggestions for lawyers acting for parents. What can and should lawyers do to ensure they are part of the solution, not part of the problem? Lawyers need to be able to identify the potential problems and provide practical help to the family – whether they are acting for the “preferred” parent, the “rejected” parent, or the involved children.     

家庭法介入家庭关系的界限及其对婚姻家庭编实施的启示

家庭法与家庭生活存在一定的意义分野,家庭生活的亲密性和伦理性决定了家庭法介入家庭关系存在一定的界限,法律应当为家庭的自我管理保留足够的空间。基于家庭法和家庭生活的互动关系,家庭法对家庭关系的介入应当采用"目的性弃权模式",使国家有针对性地对公民的家庭生活进行法律层面的干预。当家庭关系陷入危机甚至破裂,或者影响到第三人,或者违反保护家庭中弱势群体等底线道德时,家庭生活的亲密环境就让位于当事人权利义务界分的需求,家庭法方可有的放矢地介入。家庭法介入家庭关系的界限为《民法典》婚姻家庭编的具体制度提供了理论渊源,婚姻家庭编应当以之为指引,促进自身规范的解释与适用,并在处理与其他各编关系时保持坚守与张力,以共同推动《民法典》为人民群众提供坚实的权益保障。     

Romantic relationships across boundaries: global and comparative perspectives

ABSTRACT

In response to the mass globalization of the twenty-first century and associated migration, a recent boom in social-scientific research has analyzed various manifestations of ‘binational’, interreligious and interracial romantic relationships in the present and recent past. This special issue seeks to historicize this research by drawing on key case studies from around the world and across time and building on relevant historiography and theoretical literature. It seeks to chart how intermarriage and related relationships took shape: who participated in these unions? How common were they, and in which circumstances were they practiced (or banned)? With a global, diachronic and interdisciplinary perspective, we also aim to question some of the categories behind these relationships. Central to these issues, we argue, is the question of boundary formation. Here, we draw on social-scientific research that has emphasized multiple boundaries involved in the creation of identity and groups. We also highlight the intersectionality of those boundaries, meaning that notions about ethnicity, religion, gender and social class often overlap and intersect in various ways when it comes to relationships. Contributions to this collection tap a range of related questions, such as how did geographical boundaries – for example, across national lines, distinctions between colonies and metropoles or metaphors of the ‘East’ and the ‘West’ – shape the treatment of intermarriage? What role have social and symbolic boundaries, such as presumed racial, confessional or socio-economic divides, played? To what extent and how were those boundaries blurred in the eyes of contemporaries? How have bureaucracies and law contributed to the creation of boundaries preventing romantic unions? Romantic relationships, we suggest, provided a key test case for boundary crossings because they brought into sharp relief assumptions not only about community and assimilation, but also about the sanctity of the intimate sphere of love and family.     

Making and Breaking Family Life: Adoption, the State, and Human Rights

This article explores the extent to which the state's duties and responsibilities in the context of adoption are framed and reinforced by a rights-based discourse. It argues that the human rights paradigm plays an invaluable role in the pre-adoption process by identifying and imposing ever more exacting obligations on the state - obligations which are currently not being fully met by the Adoption and Children Act 2002. The application of a rights-based discourse to the post-adoption context proves, however, to be considerably more problematic. Indeed, it is argued that rather than extend and strengthen the state's responsibilities towards the child and the adopted family, liberal rights-based doctrine tends towards a more traditional model of adoption in which a minimalist state and the privacy, autonomy, and self-sufficiency of the new adoptive family are further entrenched. It is thus concluded that a human rights analysis provides no secure basis for challenging the Adoption and Children Act's rather limited provisions on post-adoption support.     

QUESTIONS ABOUT FAMILY COURT DOMESTIC VIOLENCE SCREENING AND ASSESSMENT

Increasingly, family courts are seeking ways to focus limited resources on cases that require the most intervention, tailor court responses and dispute methods to each case, and account for the real differences among domestic violence cases. One of the means to that end may be the triaging or screening of cases. This article raises a number of questions about screening and urges that they be addressed by courts and communities that are considering whether and how to design a screening protocol. Issues include: How should we define domestic violence for the purposes of screening? Who should carry out the screening? How can we maximize the likelihood that we will fully assess the context of the violence in each case? How should we assess the risks or dangers inherent in the parties’ situation? How should a screening effort account for changing circumstances as a case proceeds through the courts? How can information gathered in a screening effort improperly impact subsequent decisions of the court?     

Predictors of Texas Police Chiefs’ Satisfaction with Police–Prosecutor Relationships

Although strain in police–prosecutor relationships may be built into the criminal justice system’s checks and balances, the administration of criminal justice can benefit from the adoption of practices which improve these working relationships. A first step towards the adoption of such practices can be taken by first adding to the knowledge base regarding this understudied topic. Using a survey of a state-wide sample of Texas police chiefs, this exploratory study identifies which aspects of police–prosecutor interaction styles are predictors of police chiefs’ satisfaction with police–prosecutor relationships. Results indicate that perceived level of police input in prosecutors’ plea bargain and charging decisions, perceived directness of felony trial preparation communication method, and perceived frequency of decision-maker interactions predict police chiefs’ satisfaction with police–prosecutor relationships. Policy implications are discussed.     

From Helping Court to Community‐Based Services: The 30‐Year Evolution of Australia's Family Relationship Centres

As a centrepiece of Australia's 2006 family law reforms, the community‐based Family Relationship Centres (FRCs) represented a major development in the Government's commitment to incorporate family relationship services into its family law system. This paper sees FRCs as a logical development of the original conceptualising the Family Court of Australia as a “helping court”. The paper suggests that the aspiration to create a helping court was partially achieved in 1976 via the creation of an in‐house family court counselling service, which was primarily focused not on law and legal principles, but on supporting the ways in which family members were managing the task of redefining relationships. While generally valued by judges and others, this service nonetheless found itself in tension with the Family Court's continued primary commitment to legally informed and adversarially driven negotiation and decision‐making processes. Since 2006, the creation of FRCs has spearheaded a family law system that provides relationship‐focused interventions away from the courts as the default option for most parenting disputes. Consistent with this aim, there is evidence of a diminished percentage of cases now requiring judicial intervention. The 2006 legislation also provides for courts to conduct “less adversarial trials.” Paradoxically, this has occurred alongside unequivocal evidence from the Australian Institute of Family Studies’ evaluation data that judicial officers are dealing mainly with families displaying seriously dysfunctional attitudes and behaviours. The legal challenge in dealing with these cases is for courts to provide child focused, fair and non‐destructive internal processes. In addition, however, it is increasingly clear that to support and help facilitate their decisions, courts also need good working relationships with FRCs and other community based services. FRCs and the 2006 reforms offer the possibility of moving beyond the ideal of a “helping court” to the broader concept of helping family law system.     

Continuity and Pathways from Aggression in Childhood to Family Violence in Adulthood: A 30-year Longitudinal Study

Literature suggests that early patterns of aggressive behavior in both girls and boys are predictive of later violent behavior, including violence that takes place within family contexts. Utilizing the Concordia Longitudinal Risk Project, a study of individuals recruited as children in the 1970s from inner-city schools in Montreal, this study examined different pathways whereby aggressive behavioral styles in childhood may place individuals at risk for continuing patterns of violence towards children and spouses. Childhood aggression directly predicted self-reported violence towards spouse for both sexes, with indirect routes through lowered educational attainment and marital separation. Aggression in childhood was also found to predict parents’ self-reports of using violence with their children. For mothers, educational attainment and current absence of the biological father from the child’s home also played important roles in predicting violent behavior towards offspring. These findings provide evidence of both continuity of aggressive behavior and indirect risk paths to family violence, via lower educational attainment and parental absence. In both men and women, childhood aggression may be an identifiable precursor of family violence and child abuse.     

[Disability] Justice Dictated by the Surfeit of Love: Simone Weil in Nigeria

How is Nigeria’s failure to fulfil its obligations as a signatory of the United Nations Convention on the Rights of Persons with Disabilities to be appreciated or even resolved? Answers to this are sought through a seminal criticism of human rights, namely, Simone Weil’s 1942 essay Human Personality. Weil questioned the ability of human rights concepts to cause the powerful to develop the emotional dispositions of empathy for those who suffer. Weil’s insights provide a convincing explanation that the indifference of Nigerian authorities towards the Convention may be accounted for by the weakness of human rights discourse to foster human capacity for empathy and care for those who suffer. Weil’s criticisms will serve as a point of departure for a particular way to circumvent this inadequacy of human rights discourse to achieve disability justice in Nigeria through other means. I argue that Weil, through her concept of attention, grappled with and offers a consciousness of suffering and vulnerability that is not only uncommon to existing juridical human rights approaches, but is achievable through the active participation in the very forms of suffering and vulnerability in which amelioration is sought. To provide empirical content to this argument, I turn to a short-lived initiative of the Nigerian disability movement, which if ethico-politically refined and widely applied, can supply an action-theoretical grounding for and be combined with Weil’s work to elevate agitations for disability justice above human rights to the realm of human obligations.     

The Contribution of Family Relationships to Child-to-Parent Violence

Child-to-parent violence is a social problem that is qualitatively different from other types of family violence, since adolescents direct their violence toward those who should represent authority and provide for their welfare. One of the goals of this study was to analyze the importance of the quality of family relationships and different strategies of family discipline with regard to violent or prosocial behavior of adolescents toward their parents. Structural Equation Modeling was used to test a model of violent behavior towards parents. Participants were 585 children aged between 12 and 18 from eight schools in the Basque Country (Spain). Positive family discipline and supervision were not associated with lower levels of violence against parents. Family relationships had direct effects on child-to-parent violence, and power-assertive discipline showed a mediating effect in that association. It seems that affectivity and quality of family relationships are the most important aspects for preventing violent behaviors.     

The unmarried couple in post-communist Romania: a qualitative sociological approach

Over the last few decades, ‘new’ contemporary couple relationships have been at the heart of international research on the cultural meanings and reference values that organize life couple nowadays. What is the situation in Romania? After the fall of the communist regime, the rise and development of new forms of couple relationships (other than the legitimate nuclear family that was widely accepted during the former political regime) have become more and more visible. During the transition to a market economy and pluralistic democracy, the development of living together outside marriage and the progressive spread of democratic values, as well as the slow but deep redefinition of the institution of marriage, have been obvious. Yet there have been insufficient efforts in tracking and reporting these transformations. This article presents some results of the first qualitative sociological investigation dedicated to cohabiting unmarried couples in post-communist Romania. In order to have a greater understanding of cohabitation at a macro level, it first focuses on the way cohabitation is presented in the Romanian demographic literature. Second, the analysis is followed by a micro-level study based on qualitative field research conducted in Bucharest with young people living as part of cohabiting opposite-sex couples.     

Peasant and hunter households in Oulanka,northern Russia, 1710–1910

This article examines the family system prevailing among the population of a parish in the subarctic zone of northern Russia in the 18th and 19th centuries. At the beginning of the period, the Oulanka area was occupied by Lapps, who lived chiefly by hunting, and Karelians engaged in agriculture. Although the Lapps later reverted to a more permanent way of life, the area still possessed two distinct communities with differences in their economies. This research relies on demographic sources such as taxation records, nominal censuses, and parish confessional lists.

A high proportion of large, complex households was typical of the population of the area throughout the period studied. The shaping of the family system was crucially affected by the desire of the inhabitants to ensure the vitality of their households by pursuing several labor-intensive forms of economic activity simultaneously. Although the inhabitants were not serfs, their choice of the optimal ways of organizing their lives in different situations was to a great extent determined by the obligations placed upon them by the government. The similarities between the family system prevailing in Oulanka in the 19th century and that observed in ethnic Russians in general are presumably attributable to the fact that both populations came under the same judicial system.     

Sovereignty and International Order

Abstract. Sovereignty may be threatened by obligations and relations with other nations, states or powers from either an “internal” or “external” perspective. In this paper, I argue that these obligations and relationships may be compatible with a state's sovereignty if we understand the proper nature of authoritative relationships. This requires a model of “rational authority” which places emphasis on the first-person perspective of the subjects to authority.