SUPERVISED VISITATION: A CALL FOR A SECOND GENERATION OF RESEARCH

With the divorce rate rising and related child visitation disputes becoming an increasingly difficult issue before the courts, supervised visitation programs have proliferated over the last decade. The literature demonstrates that ongoing contact between children and both parents following separation and/or divorce is important for children's socio‐emotional adjustment and positive child/parent relations. However, there is a paucity of literature demonstrating a relationship between supervised visitation programs and child/parent relationship outcomes. Based on the lack of outcome research the authors argue for a second generation of research regarding intended and unintended consequences of supervised visitation. This article reviews and synthesizes the current literature, highlighting strengths, limitations, significant findings and proposes a critical need for evidence‐based research.     

USING EXTERNSHIPS TO INTRODUCE FAMILY LAW STUDENTS TO NEW PROFESSIONAL ROLES

Law schools are seeking ways to familiarize family law students with exciting new professional roles arising in connection with family court reform. This article describes the family law externship program at William Mitchell College of Law which includes a classroom component allowing students placed in different practice settings to compare and contrast their experiences. The program assists students in making career choices and enhances their ability to counsel future clients.     

教育权之争——“孟母堂事件”的法理学思考

“孟母堂事件”是一场发生在国家与公民之间关于教育权的争执,我国现行法律规定了国家作为教育权主体的地位,而未对父母的教育权做出具体规定。缺少制约的国家教育权力的膨胀造成诸多弊端。父母基于自然,有权主张自己对子女的教育权,有权监督让渡给国家和社会的教育权,家庭教育应有其合法的地位。当然教育权作为公民的自由权的同时,又具有社会性,家庭教育必须接受国家、社会、法律、法规的监督与指导,国家也有义务保障家庭教育的实现。这样,父母的教育权利与国家的教育权力(利)之间应该互相制约,以保障受教育人受教育权的完美实现。     

谈0～3岁亲子教育中的父爱

近年来,亲子教育受到人们的高度重视,其核心内容是建立和谐健康的亲子关系.父亲们只有意识到自己在孩子身心成长中所起的重要作用,并且改变传统父爱的观点,做智慧型的父亲,才能塑造出健康快乐的宝宝.     

Parental Alienation in U.S. Courts, 1985 to 2018

Courts have been dealing with alienating behaviors in high conflict family litigation for hundreds of years. Experts in the behavioral sciences have been writing about mothers and fathers manipulating their children to disparage the other parent for more than seventy years. But in the last two decades some social scientists and legal professionals have questioned the legitimacy of parental alienation as a concept and its admissibility in child abuse and child custody litigation. This study was designed to examine the extent to which courts in the United States have found the concept of parental alienation material, probative, relevant and admissible. Thirty‐four years of cases were found with a WESTLAW query and analyzed. Cases were selected for study only if the record reflected that a judge or an independent expert found the concept of parental alienation to be of value in the litigation. Results illustrate increasing awareness of the concept and document its admissibility in every one of the United States. The numbers, sex of the alienating parent and prevalence of significant custody changes are discussed. Limitations inherent in this form of quantitative analysis are also discussed with recommendations for future research.     

Creating an Extrafamilial Living Environment

Abstract

As human actors, the staff members and children who inhabit a residential center do not just react to their physical and social environment. In many ways they can be said to enact or create it.     

Guidelines in Child and Youth Care Family Work

SUMMARY

There are many paths that can be taken with the families we encounter in our work. It is this richness in options that can make the child and youth care approach so powerful. However, amongst each potential path there are a number of common guideposts that serve as markers for our interactions with families. These guiding principles are described through the use of examples from a family in a program for teens who are parenting.     

A NATIONWIDE SURVEY OF MANDATORY PARENT EDUCATION*

In an effort to take positive steps toward coping with problems for families and children created by high levels of separation and divorce, ever increasing civil caseloads and the exposure of children to interparental conflict, court‐affiliated educational programs have emerged in the United States for parents separating from their spouse or partner or going through a divorce. This article will provide an overview of the creation of such programs and their development, which includes a discussion regarding the numerous states currently mandating parents to attend. It will summarize some of the research which has been conducted as to the efficacy of the programs and will provide the results of our nationwide research for each state's parent education status. There is a discussion of domestic violence issues and sensitivities in the context of parent education programs and possible future directions for mandatory parent education.     

MOVIN' ON

In Canada, relocation cases are governed by the 1996 Supreme Court of Canada decision in Gordon v. Goertz , thanks to Canada's constitutional and judicial structure. Gordon rejects presumptions or burdens, mandating an individualized best interests inquiry in every case. Since 1996, appeal courts have done little to develop or refine this approach. Trial level decisions do reveal certain trends, allowing moves in about 60% of cases, but more often for "primary caregivers" and much less often in shared custody cases. Federal custody reform proposals to date have not addressed relocation issues.     

企业集团母子公司关系的法律透析

本文分析了母子公司的法律内涵及特征 ,指出企业集团实质是一种母子公司关系。母子公司存在实质性控制关系 ,而这种控制关系容易导致母公司侵害子公司及其债权人与少数股东的利益 ,为此 ,本文提出了在坚持有限责任原则基础上的法律保护措施 ,同时借鉴国外相关法理 ,包括“揭开公司面纱”、“深石原理”、“自动居次原则”等理论来探讨母子公司债务责任问题。国外这些理论和实践的目标就是要突破有限责任的严格限制 ,用现实的态度来解决母子公司所产生的法律问题 ,这对指导当前我国的司法实践具有重要意义