Home  About us  Contact
 

Custody Disputes (custody + dispute)

Distribution by Scientific Domains
Law and Criminology100%

Kinds of Custody Disputes

  • child custody dispute
    		•

    Selected Abstracts

    ALTERNATIVE DISPUTE RESOLUTION FOR HAGUE CONVENTION CHILD CUSTODY DISPUTES*

    FAMILY COURT REVIEW, Issue 2 2007
    Radoslaw Pawlowski
    This note explains that an Alternative Dispute Resolution (ADR) protocol should be adopted as part of the Hague Convention on the Civil Aspects of International Child Abduction to facilitate the amicable resolution of cross-border child custody cases. It suggests that national ADR models should be used as a guide to improve this treaty. First, this note brings to light the negative effect of cross-border litigation on children as well as the complexities and the deficiencies of this international treaty. Second, it examines mediation and arbitration systems employed in the United States, Europe, and Australia and how these can be transposed on the international scale. Third, it proposes how the ADR protocol should be drafted and implemented. A sound ADR mechanism would alleviate the unfortunate conditions of children trapped in long and destructive international child custody battles. [source]

    Common Misconceptions in Addressing Domestic Violence in Child Custody Disputes

    JUVENILE AND FAMILY COURT JOURNAL, Issue 4 2003
    PETER G. JAFFE
    ABSTRACT Domestic violence has been recognized as an important factor to consider in determining the best interests of children in custody and visitation disputes. However, there remain many misconceptions about the extent and impact of domestic violence in child custody proceedings. Several misconceptions are identified and juxtaposed with the reality of emerging knowledge in this field, and implications are outlined. These issues are illustrated by the perspectives of 62 women victims and 95 children exposed to domestic violence who had to navigate the justice system after separation from an abuser. Recommendations are offered for enhancing professional education, resource development, and collaboration among courts and community service providers. [source]

    SPERM DONOR OR THWARTED FATHER?

    FAMILY COURT REVIEW, Issue 2 2009
    HOW WRITTEN AGREEMENT STATUTES ARE CHANGING THE WAY COURTS RESOLVE LEGAL PARENTAGE ISSUES IN ASSISTED REPRODUCTION CASES
    In recent years, the use of assisted reproduction has risen dramatically in the United States, allowing individuals who face various reproductive challenges, including infertility or absence of a heterosexual partner, to conceive biological children. While assisted reproduction has expanded to meet the needs of these parents, the legal system remains years behind, often leading to complicated child custody disputes between the parties. State legislatures have responded to the call for increased regulation of legal parentage in assisted reproduction in varying ways, although one popular statutory approach requires a known sperm provider to preserve his intention to parent in a written agreement with the woman. This article will argue that written agreement statutes are an effective means for resolving parentage disputes because of their ability to protect pre-insemination intent and encourage private ordering of conflicts among the parties. These issues will be explored through the lens of a recent case decided by the Kansas Supreme Court, In Re K.M.H., where the court enforced a written agreement statute against a sperm provider despite his equal protection and due process challenges. [source]

    EMPOWERING CHILDREN IN MEDIATION

    FAMILY COURT REVIEW, Issue 3 2004
    An Intervention Model
    The available research in the mediation arena regarding child custody disputes indicates a lack of and growing need for effective intervention techniques. The authors present practicing mediators with a specific intervention model for interviewing, safeguarding, and empowering children in the process of mediating custody disputes. The mediation model utilizes a structured, strategic, and process-oriented approach with a family systems theoretical orientation and may be used in private or court-connected settings. The model presented here goes beyond the child-centered interview norm to the inclusion of the child in the process to assist parents in decision making. The model supports the current California statute under Family Code Section 3023, which states that "if a child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody, the court shall consider and give due weight to the wishes of the child in making an award of custody or modification." The model does, however, maintain the position that the final decision continues to lie with the parents or the courts and not the child. [source]