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51.
E. Kay M. Tisdall 《社会福利与家庭法律杂志》2016,38(4):362-379
Galvanised by the UN Convention on the Rights of the Child, many jurisdictions now recognise children’s rights to participate in decisions that affect them. While such legal rights have increased, research on family law proceedings shows how children’s views can still be undermined, ignored or not even sought in decisions about them. This article uses the academic resources of childhood studies, to consider dominant and alternative narratives of children’s participation within Scottish family law. Drawing upon reported case law and empirical research, the article concludes that children’s participation gains protection by being institutionalised but children’s participation is attenuated because it is not recognised as relational and contextual. As rationality, consistency and autonomy are privileged, the weight given to children’s views is lessened by concerns about children being manipulated or distressed. Courts and their decisions may be child-focused, centring on children’s welfare, but they are not child-inclusive, involving children in decision-making. 相似文献
52.
The State of the Art of Child Hearings in Germany. Results of a Nationwide Representative Study in German Courts
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According to German family law, in family court proceedings that deal with custody or access rights, family judges are obligated to personally hear the child if the feelings, ties, or will of the child are significant for the decision. In a research study commissioned by the Federal Ministry of Justice, a nationwide representative survey of all judges compiled their personal information and their attitudes and expectations as well as various parameters regarding the concrete practice of hearing children. Also, with a very complex methodological design, over 50 children and their parents were studied one week in advance of the hearing, directly before and after the hearing, and four weeks following the hearing. The results of the study are presented, particularly those pertaining to the burden and relief for the children and the expectations of judges. The practical experiences of family judges in personally hearing children are included as well. 相似文献
53.
Since the 2016 Brexit referendum a series of crises has gripped Northern Ireland's politics. This has had a destabilising effect across society, which has arguably been felt most acutely by political unionism. The Belfast/Good Friday Agreement (B/GFA) of 1998 created a series of institutions to deal with political conflict in Northern Ireland, manage cross-border cooperation and normalise relations between the UK and Ireland. However, many aspects of it have been sparingly and ineffectually deployed, most notably the second and third strands dealing with north/south and east/west relations respectively. In this article, the authors argue that regular use of the institutional arrangements created by the Agreement would help to deal with the challenges currently facing Northern Ireland and help address unionist anxieties over the Protocol. Use of the North-South Ministerial Council (NSMC), the British Irish Council (BIC) and the British-Irish Intergovernmental Conference (BIIGC) should be prioritised. The unresolved issues arising from Brexit require a recommitment to the intergovernmental logic at the heart of the 1998 Agreement, despite the obstacles. 相似文献
54.
Sarah Beechay 《Family Court Review》2019,57(4):539-553
New York State's current lack of legislation criminalizing the threat of revenge porn allows repetitive, invasive, and embarrassing attacks on the morality and sexuality of victims. This can have a severe impact on survivors of domestic violence who are prevented from leaving dangerous situations by threats of dissemination. Victims of revenge porn and domestic violence often face isolation, threats of violence, and thoughts of suicide. This Note proposes that threats of revenge porn become family offenses under the New York Family Court Act § 812. 相似文献
55.
Rosanne Cubitt 《Family Court Review》2019,57(3):327-331
Support for families in the context of separation and divorce has evolved significantly over the last 30 years in the UK. There is growing acceptance that “one size doesn't fit all”—families need different support at different times, and often a combination of services. Relationships Scotland, a network of 21 Member Services, is able to customize and integrate support to meet the needs of each particular family at any stage of relationship difficulty. This article describes the impact of tailored support for one family, as an example of the potential benefit of community‐based, integrated, and flexible support provision. 相似文献
56.
This summary relates to the consultation held at St George's House, in Windsor, England, on February 2018. The attendees came from across Europe and from the United States, and they discussed a range of initiatives designed to address the challenges in modern family justice and the changes in the social, political, and economic environments that are impacting family life across the globe. Although the challenges are very similar, the approach to resolving them varies from jurisdiction to jurisdiction. The attendees concluded that there is much we can learn from each other, and that greater cooperation between family justice professionals across geographic boundaries would be highly beneficial. 相似文献
57.
The Association of Family and Conciliation Courts and Relate, UK, co‐convened a 24‐hour consultation at St George's House, Windsor, UK, on modern family justice issues across Europe. This article identifies a preliminary set of guiding principles for family justice programs developed by consultation participants. 相似文献
58.
This article explores and shares the learning from two of Cafcass’ innovative dispute resolution pilot programs. The programs aim to improve outcomes for families against the backdrop of rising private law demand in England, while keeping the child at the center. The Positive co‐Parenting Programme pilot provides a structured intervention to reduce conflict and promote timely resolution for children and families in complex cases. The Support with Making Child Arrangements pilot explores whether the provision of a package of support to parents ahead of the first court hearing can help them come to safe agreements about their children without the need for court intervention. 相似文献
59.
Robyn M. Powell 《Family Court Review》2019,57(1):37-53
Parents with disabilities contend with bias within the family law system, often threatening their custody and visitation rights. The overarching goal of this article is to explore the experiences of parents with disabilities involved in custody and visitation disputes and the application of the Americans with Disabilities Act (ADA) in these cases. This article begins with an overview of parents with disabilities and their interactions with the family law system. Next, the article examines the ADA and its applicability to custody and visitation disputes. Finally, the article offers thoughts about strategies that can be utilized by attorneys to ensure that the rights of parents with disabilities are protected. 相似文献
60.
Jamison V. Kovach Veronica Curiel Alicia Franklin York Sarah Bogard Lee Revere 《Juvenile & family court journal》2017,68(3):27-41
Given the variety of stakeholders involved in cases within family drug courts, efficient communication and information sharing, which are needed to support decision‐making, can be quite challenging. Through a case study in one family drug court system, this research employed an action research approach to improve the information sharing process following the Lean Six Sigma methodology. The solutions implemented through this study contributed to improving the quality of the services provided by this court system and its overall productivity. In addition, this research extends our knowledge about methods for improving court systems from which others can learn to guide future improvement efforts. 相似文献