城镇化过程中农民家庭离散及治理研究——一个村庄的微观透视

家庭是社会的基石,农民家庭的稳定与幸福对于城镇化发展具有举足轻重的作用。改革开放40多年来,城镇化给城乡人民生活带来了巨大变化,也带来了新的挑战和困难。乡城流动过程中农民家庭发生异化,家庭成员或留或流,家庭处于离散状态。家庭离散虽然始于家庭,但要解决家庭离散问题,必须从制度入手,通过改变制度环境、实施制度关怀、实现多元合作治理,结束农民家庭的异态生存方式,给予其自由的迁移权。这不仅有利于实现农民家庭的体面劳动和幸福生活,而且也能为实现未来经济社会持续、稳定发展提供有力保障。     

Empirical validation of a family-member prioritization approach to maximize statistical power in missing person cases

In order to prioritize the exhumation of the most informative reference relatives to increase the statistical power of a reference group, a conditional simulation approach for missing person identification that combines both exclusion and inclusion power in reference families has been previously developed. The aim of this study is to empirically validate this approach by comparing its predicted theoretical prioritization model with the observed changes in statistical power in real cases of our laboratory, in which new relatives had already been added. We conclude that this approach is a reliable tool to choose the most appropriate reference relatives to complete a family group and improve the identification power of a Missing Person (MP).     

Subjects with agency? Children’s participation in family law proceedings

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.     

The State of the Art of Child Hearings in Germany. Results of a Nationwide Representative Study in German Courts

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.     

If i Go There Will Be Trouble,If i Stay There Will Be Double: Revenge Porn,Domestic Violence,and Family Offenses

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.     

Finding the Right Support: One Size Doesn't Fit All

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.     

Modern Families,Modern Family Justice: Supporting Family Relationships in Fast‐Changing Socio‐Political‐Economic Climates (Summary of the Report of the Consultation at St George's House,Windsor, February 12–13, 2018)

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.     

Guiding Principles for Family Justice Programs

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.     

Toward Better Outcomes for Families Through Innovative Dispute Resolution Programs in England

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.     

Family Law,Parents with Disabilities,and the Americans with Disabilities Act

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.