Search

The article focuses on significant changes to family law enacted in 2023 across the District of Columbia, highlighting key topics such as child custody, domestic violence protections, and nonparent custody. It provides a detailed overview of various legislative updates, including new presumptions for 50-50 parenting time, enhancements to children's representation in protective proceedings, and specific provisions addressing financial abuse and tracking devices in domestic violence cases.

The article focuses on the systemic injustices faced by formerly ultra-Orthodox parents, especially those who are LGBTQ+, in custody disputes over educational decision-making. It highlights the case of "Miriam," a lesbian mother who was forced out of her community and fought against a biased court system that often prioritizes religious adherence over a child's right to a secular education.

The article focuses on Family Law and Children's Educational Rights. It explores the legal, policy, and practice aspects related to children's educational rights, including conflicts with parental rights movements, special education laws in custody cases, and considerations in cases involving religious differences between parents.

The article focuses on the challenges and risks associated with conflating coercive control with mutual high-conflict behavior in child custody disputes within the family law system. It examines the impact of misinterpretations on the safety and well-being of children and parents involved in high-conflict custody litigation.

The article focuses on the issue of parental alienation within the context of custody disputes, exploring its psychological and legal dimensions. It delves into the definition, origins, manifestations, and consequences of parental alienation, as well as the challenges faced by judges in identifying and addressing it effectively. It aims to provide insights into the complexities of parental alienation and its impact on families involved in custody battles.

An introduction is presented in which the editor discusses articles in the issue on topics including Uniform Cohabitants' Economic Remedies Act, coercive control in high-conflict custody litigation, parental alienation, and the duties of guardians to protect children on social media.

The article provide summaries and context for 35 new family law statutes enacted in 2022 across 23 different states. It cover various aspects of family law, including child custody, forensic risk assessment in child custody proceedings, and requirements for forensic evaluators in New York. It aims to highlight key legislative changes, promote transparency in family court decisions, and emphasize the protection of children in family law matters.

An introduction to the journal is presented features decision of the U.S. Supreme Court in Dobbs v. Jackson Women's Health Organization on abortion and Golan v. Saada on child custody and 303 Creative LLC v. Elenis on LGBT rights.

The article focuses on the decision of the U.S. Supreme Court in the case Golan v. Saada on international child custody disputes involving domestic violence. It mentions overview concerning the Hague Convention on the Civil Aspects of International Child Abduction and issues before the Supreme Court as presented in the certiorari petition and response. It also mentions unlawful removal of children from one foreign state to another through parental child abduction.

In 1978, Congress enacted the Indian Child Welfare Act (ICWA) as a remedial measure to correct centuries-old policies that removed Indian children from their families and tribal communities at alarming rates. Since 1978, courts presiding over child custody matters around the country have applied ICWA. Over the last few decades, state legislatures, along with tribal community partners and advocates, have drafted and enacted state ICWA laws that bolster the federal ICWA laws. Despite four decades of ICWA, trends in child welfare demonstrate that Indian children are still vastly over-represented in the child welfare system. Because tribal communities, advocates, community partnerships, and scholars work tirelessly to both ensure and improve ICWA compliance, ICWA still provides some of the best outcomes for Indian children through both family reunification and/or placement within their tribal communities. However, family law often minimizes or mischaracterizes what the Act does. While ICWA is a complex law and even an entire semester may not fully provide justice to the breadth of the Act, this characterization of ICWA creates a stigma around the law. Family law scholars and practitioners can no longer overlook ICWA in conversations and teachings. Stigmatizing ICWA in the classroom contributes to the erasure of American Indians from our society at large and from our classrooms. This allows legitimized racism against this community to seep into both the classroom and the practice area. Accordingly, this article discusses how family law classrooms can incorporate ICWA into conversations on family law as a step in eliminating bias against American Indians in the legal academy and in the profession. This article describes some of the history around ICWA, how family law feeds into the erasure of American Indians in the legal field, some misconceptions about ICWA, and how we can tie ICWA and other issues impacting American Indians into our classroom teachings on family law. [ABSTRACT FROM AUTHOR]

The article provides summaries and context for new statutes that were enacted in 2021 in the U.S. It mentions laws including economic abuse considered when dividing spousal property and awarding spousal support; term alimony equation modified to take recent federal tax law change into consideration; and new rebuttable presumption that joint physical custody is in the best interest of the child.

The article focuses on U.S. international family law litigation involves the Hague Convention in 2021. It mentions U.S. Supreme Court resolved a circuit split concerning this term in Monasky v. Taglieri holding that a child's habitual residence depends on the totality of the circumstances specific to the case. It also mentions the court case Lukic v. Elezovic on rights of custody.

The article looks back at child custody disputes from the early days of the COVID‑19 pandemic in the U.S. It mentions state governments issued some form of "stay-at-home" orders with the goal of protecting public health by limiting the spread of the virus. It also mentions compliance with government guidance or protocols such as testing, quarantining, mask-wearing, and social distancing, including Centers for Disease Control (CDC) recommendations as well as state or local.

The article focuses on how courts approach conflicts between parents who disagree over whether or how to support children who are exploring their gender identity and state and local antidiscrimination laws. It mentions custody disputes involving gender expansive children; biracial or multiracial children; gay, lesbian, and bisexual children; and children whose parents follow different religious practices. It also mentions resource for family law attorneys, judges, and policymakers.

The article discusses that U.S. international family law litigation involves the Hague Convention on the Civil Aspects of International Child Abduction (Abduction Convention) and its implementing legislation, the International Child Abduction Remedies Act (ICARA). It mentions Abduction Convention operates to promptly return children to their habitual residence. It also mentions removal or retention is only wrongful if the left-behind parent had a right of custody.

The article focuses on the court decisions relating to custody, child support, parentage, marriage, divorce, property division, spousal support, and interstate disputes. Topics discussed include the U.S. Supreme Court case Bostock v. Clayton Cnty held that Title VII of the Civil Rights Act prohibits discrimination on the basis of sexual orientation and transgender status; race-based discrimination in violation of the Equal Protection Clause and case related to alternative dispute resolution.

The article examines how domestic violence laws and how they are viewed in the context of federal immigration law and the U.S. Immigration and Nationality Act. Topics include California's presumption against an award of child custody to a parent who has committed an act of domestic violence; federal immigration law and how certain domestic violence crimes render noncitizens in removal proceedings removable; and various crimes that bar immigration relief.

The article focuses on several articles related to family laws. Topics discussed include rumor on adopting children for their organ by trafficking of children, notion of "posthumous babies," and how those babies are born through assisted reproductive technologies (ART) and various detriments faced by children whose parents have been or are currently incarcerated for child custody.

The article focuses on U.S. international family law litigation involves the Child Abduction Convention (CAC) and its implementing legislation, the International Child Abduction Remedies Act. It mentions CAC operates to promptly return children to their habitual residence and parties agreed to change the child's habitual residence, the court must often sort through conflicting testimony. It also mentions nonabducting parent is clearly on notice that the abducting parent.

The article focuses on issues regarding family laws in the courts of the U.S. such as divorce, child custody, and child support and immigration. Topics discussed include Tax Cuts and Jobs Act of 2017 removed the alimony deduction starting January 1, 2019, immigration issues flooded federal courts as challenges emerged to President Donald Trump's immigration policies and charge of child abduction criminalized the same essential conduct as the crime of international parental kidnapping.

The article offers information related to the Uniform Nonparent Custody and Visitation Act (UNCVA), a statutory framework for resolving conflicts about third-party access to children It further discuss the enigmatic case of Troxel v. Granville, that recognizes a baseline presumption favoring parental authority over children's custody and care but provides no real guidance for determining when deference to parental decision-making is not required.

The article offers information related to the Uniform Nonparent Custody and Visitation Act (UNCVA), a statutory framework for resolving conflicts about third-party access to children, and addresses issues raised when courts are asked to grant custody or visitation to nonparents.

The article focuses on the same-sex-couple child custody dispute in the U.S. Topics discussed include use of psychological parent doctrine by states to address traditional parentage expectations in light of present-day challenges; parental rights and the child's best interest in the case of same-sex partners; and Ferrand v. Ferrand court case on the same.

The article focuses on granting post-divorce tax benefits noncustodial parents in the U.S. Topics discussed include tax benefits deriving from the existence of dependent children; laws governing dependency exemption deduction under the Tax Cuts and Jobs Act of 2017; and income tax credit and the child and dependent care credit offered to custodial spouse.

The article analyzes how emerging legal technology start-up companies will disrupt traditional use of psychologists in family law cases in the U.S. Topics discussed include role of family lawyers in offering legal services for child custody cases; addressing substantive issues in law, finance, and child psychology; and the book "Tomorrow's Lawyers: An Introduction to Your Future" by Richard Susskind on impact of technology on legal services.

The article focuses on Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention) on concealed the whereabouts and court did not order the child to be returned to Great Britain. It mentions Hague Convention is a multilateral treaty that seeks to protect children from the harmful effects of abduction and ensure that the rights of custody and of access under the law. It also mentions affirmative defenses are available to the abducting parent.

The article focuses on importance of sibling relationships in the foster care system and explanation of how children are placed in foster care homes. It mentions limitations that could possibly arise out of creating a statutory right for siblings to be placed together in foster care and child's relationship with siblings as one factor for courts to consider when deciding custody. It also mentions siblings can provide emotional support for one another.