Articles Contractualizing Custody
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Expert Evidence in Favour of Shared Parenting 2 of 12 Shared Parenting: Expert Evidence
Expert evidence in favour of shared parenting 2 of 12 Shared Parenting: Expert Evidence Majority View of Psychiatrists, Paediatricians and Psychologists The majority view of the psychiatric and paediatric profession is that mothers and fathers are equals as parents, and that a close relationship with both parents is necessary to maximise the child's chances for a healthy and parents productive life. J. Atkinson, Criteria for Deciding Child Custody in the Trial and Appellate Courts, Family Law Quarterly, Vol. XVIII, No. 1, American both Bar Association (Spring 1984). In a report that “summarizes and evaluates the major research concerning joint custody and its impact on children's welfare”, the American Psychological Association (APA) concluded that: “The research reviewed supports the conclusion that joint custody is parent is associated with certain favourable outcomes for children including father involvement, best interest of the child for adjustment outcomes, child support, reduced relitigation costs, and sometimes reduced parental conflict.” best The APA also noted that: the “The need for improved policy to reduce the present adversarial approach that has resulted in primarily sole maternal custody, limited father involvement and maladjustment of both children and parents is critical. Increased mediation, joint custody, and parent education are supported for this policy.” Report to the US Commission on Child and Family Welfare, American Psychological Association (June 14, 1995) The same American Psychological Association adopted -
SAFETY FOCUSED PARENTING PLAN GUIDE for Parents
SAFETY FOCUSED PARENTING PLAN GUIDE for Parents Developed by the OREGON JUDICIAL DEPARTMENT STATE FAMILY LAW ADVISORY COMMITTEE — Parenting Plan Outreach Workgroup and the OFFICE OF THE STATE COURT ADMINISTRATOR Court Programs and Services Division JUNE 2003 - VERSION #4 CONTACT and COPY INFORMATION For more information about this Guide, contact: COURT PROGRAMS AND SERVICES DIVISION Office of State Court Administrator 1163 State Street Salem, OR 97301-2563 (503) 986-6423 Fax: (503) 986-6419 E-Mail: [email protected] To download copies of this Guide, go to the Website: http://courts.oregon.gov/familylaw and click on the “Parenting Plans” link. COPYRIGHT NOTICE. Copyright 2003, for the use and benefit of the Oregon Judicial Department, all rights reserved. Permission to all Oregon courts is granted for use and resale of this Guide and its component sections for the cost of printing or copying. You may reproduce or copy this material for personal use or non-profit educational purposes but not for resale or other for-profit distribution unless you have permission from the Oregon Judicial Department. Safety Focused Parenting Plan Do you need a Safety Focused Plan? This list can help you decide. Has the other parent: < acted as though violent behavior toward you or your child(ren) is OK in some situations? < damaged or destroyed property or pets during an argument? < threatened to commit suicide? < pushed, slapped, kicked, punched or physically hurt you or your child(ren)? < had problems with alcohol or other drugs? < needed medication to be safe around others? < threatened not to return or not returned your child(ren)? < used weapons to threaten or hurt people? < threatened to kill you, your child(ren) or anyone else? < sexually abused anyone by force, threat of force, or intimidation? < been served a protection or no contact order? < been arrested for harming or threatening to harm you or anyone else? If you answered yes to any of these questions, please continue to take your safety, and your children’s safety, seriously. -
Shared Parenting Laws: Mistakes of Pooling? Margaret F
Notre Dame Law School NDLScholarship Journal Articles Publications 2014 Shared Parenting Laws: Mistakes of Pooling? Margaret F. Brinig Notre Dame Law School, [email protected] Follow this and additional works at: https://scholarship.law.nd.edu/law_faculty_scholarship Part of the Family Law Commons Recommended Citation Margaret F. Brinig, Shared Parenting Laws: Mistakes of Pooling?, Notre Dame Legal Studies Paper No. 1426 (August 14, 2014). Available at: https://scholarship.law.nd.edu/law_faculty_scholarship/1116 This Article is brought to you for free and open access by the Publications at NDLScholarship. It has been accepted for inclusion in Journal Articles by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. Shared Parenting Laws: Mistakes of Pooling? Margaret F. Brinig, Notre Dame Law School In their recent paper “Anti-Herding Regulation,” forthcoming in the Harvard Business Review,1 Ian Ayres and Joshua Mitts argue that many well-intentioned public policy regulations potentially harm rather than help situations. That is, because the rules seek to pool—or herd—groups of people, treating them as equal, they miss or mask important differences among the regulated, thus magnifying systematic risk. Anti- herding regulation, on the other hand, can produce socially beneficial information, in their words steering “both private and public actors toward better evidence-based outcomes.” Left to their own, or with various carrot-and-stick incentives, some groups, anyway, would instead fare better if allowed to separate or diverge. Ayres and Mitts buttress their case with examples from engineering (bridges collapsing because soldiers crossed them in cadences matched to the structures’ oscillations), finance (mandating only low percentages down for real estate purchasers), biodiversity and ecosystem stability, and genetic variation itself. -
Child Custody Arrangements: Say What You Mean, Mean What You Say
Land & Water Law Review Volume 31 Issue 2 Article 15 1996 Child Custody Arrangements: Say What You Mean, Mean What You Say DeNece Day Koenigs Kimberly A. Harris Follow this and additional works at: https://scholarship.law.uwyo.edu/land_water Recommended Citation Koenigs, DeNece Day and Harris, Kimberly A. (1996) "Child Custody Arrangements: Say What You Mean, Mean What You Say," Land & Water Law Review: Vol. 31 : Iss. 2 , pp. 591 - 621. Available at: https://scholarship.law.uwyo.edu/land_water/vol31/iss2/15 This Comment is brought to you for free and open access by Law Archive of Wyoming Scholarship. It has been accepted for inclusion in Land & Water Law Review by an authorized editor of Law Archive of Wyoming Scholarship. Koenigs and Harris: Child Custody Arrangements: Say What You Mean, Mean What You Say Comment CHILD CUSTODY ARRANGEMENTS: Say What You Mean, Mean What You Say INTRODUCTION In Wyoming, custody battles place judges and court commissioners in King Solomon's' position nearly everyday as they are asked to split children between divorcing parents.2 Of course, judges and commissioners do not wield swords, but they do use legal terms which are often inade- quate and misused.' Unfortunately, the modem day result, though not as graphic as that from the Bible, is just as severe. As many as one in every two marriages will result in divorce.4 Thirty percent of children today will be the focus of a custody decision., For too many of these children, their lives will be adversely affected by an improper custody arrangement caused by the erroneous use of the term "joint custody." 6 The law as it stands in Wyoming does not adequately consider the non-legal aspects of custody or give practitioners and judges the guidance necessary to make appropriate custody determinations.' Gurney v. -
Truth Or 'Collateral Damage'?
Truth or ‘collateral damage’? Legal parentage, bio-genetic parentage and children’s perspectives Hannah Robert https://orcid.org/0000-0002-4243-1242 Submitted in total fulfilment of the requirements of the degree of Doctor of Philosophy August 2018 Melbourne Law School The University of Melbourne 1 ABSTRACT This study explores the operation of legal parentage within Australian family law through analysing judgments and legislation in ‘misattributed fatherhood’ cases – where the person who is publicly identified or assumed to be the legal father is shown not to be genetically related to the child. It argues that legal parentage currently performs four different, bundled, functions: recording the child’s origins, designating default parental responsibility, defining the child’s legal kinship identity and assigning economic responsibility. In these judgments, judges generally re‐align the child’s legal parentage to match the factual finding regarding the child’s genetic parentage. This often erases the status of a social father as a legal father, and sometimes identifies men who are genetic fathers, but who have not parented the child, as legal parents. In the process, a child’s legal identity and legal kinship relationships may be radically and retrospectively rewritten, with little space for judges to consider the impacts for the child in question, or the child’s own understandings of their legal kinship identity or relationships. Binding these four functions together within legal parentage is rhetoric (judicial, legislative and social) which frames biogenetic parentage as ‘true’ parentage. This ‘biotruth’ rhetoric conflates legal parentage as a question of law with the factual enquiry as to a child’s progenitors. -
Joint Versus Sole Physical Custody What Does the Research Tell Us About Children’S Outcomes?
feature article Joint Versus Sole Physical Custody What Does the Research Tell Us About Children’s Outcomes? by Linda Nielsen, Ph.D. Do children fare better or worse in joint physical cus- favorably in terms of children's best interests and perceived it as tody (JPC) families where they live with each parent at least having no impact on legal or personal conflicts between parents.1 35% of the time than in sole physical custody (SPC) families But are children’s outcomes better in JPC than SPC fami- where they live primarily or exclusively with one parent? This lies –especially if their parents do not get along well as co-par- question assumes even more importance as JPC has become ents? And if JPC children have better outcomes, is this because increasingly common in the U.S. and abroad. For example, in their parents have more money, less conflict, better parenting Wisconsin JPC increased from 5% in 1986 to more than 35% skills or higher quality relationships with their children before in 2012. And as far back as 2008, 46% of separated parents in they separate? Put differently, are JPC parents “exceptional” Washington state and 30% in Arizona had JPC arrangements. because they get along better than SPC parents and mutually JPC has risen to nearly 50% in Sweden, 30% in Norway and agree to the custody plan from the outset? the Netherlands, 37% in Belgium, 26% in Quebec and 40% in British Columbia and the Catalonia region of Spain. Those who have expressed misgivings about JPC have made a number of claims that they report are based on the research. -
The Basis for Legal Parentage and the Clash Between Custody and Child Support
THE BASIS FOR LEGAL PARENTAGE AND THE CLASH BETWEEN CUSTODY AND CHILD SUPPORT LESLIE JOAN HARRIS* [T]he importance of the familial relationship, to the individuals involved and to the society, stems from the emotional attachments that derive from the intimacy of daily association, and from the role it plays in “promot(ing) a way of life” through the instruction of children, as well as from the fact of blood relationship. No one would seriously dispute that a deeply loving and interdependent relationship between an adult and a child in his or her care may exist even in the absence of blood relationship.1 If the genes don’t fit, you must acquit; No DNA, No Pay.2 INTRODUCTION During the year-long process of drafting a new paternity law for Oregon,3 one of the most hotly contested issues was on what basis trial judges could disregard evidence that a legal father might not be the biological father. Some in the group that drafted the proposal—lawyers as well as fathers’ rights advocates—fervently argued against allowing a trial judge to consider the child’s best interests in making this decision.4 Some of these advocates spoke for angry men who call * Dorothy Kliks Fones Professor, University of Oregon School of Law. Thanks very much to June Carbone, Caroline Forell, and Merle Weiner for commenting on a prior draft. Thanks also to Jennifer Drobac for organizing the first Midwestern conference, which was lively and interesting. This research was supported by a summer grant from the University of Oregon School of Law. -
ANALYSIS / APPROACH / SOURCE / STRATEGY: GENERAL STUDIES PRE 2020 PAPER - TEAM VISION IAS Observations on CSP 2020
... Inspiring Innovation VISION IAS™ www.visionias.in www.visionias.wordpress.com “The significant problems we face cannot be solved at the same level of thinking we were at when we created them." - Albert Einstein ANALYSIS / APPROACH / SOURCE / STRATEGY: GENERAL STUDIES PRE 2020 PAPER - TEAM VISION IAS Observations on CSP 2020 • This year the paper appeared to be on the tougher side and the options framed were confusing. • The static portions like History, Polity, Geography, Economics, etc. as expected were given due weightage. • Questions in almost all the subjects ranged from easy to medium to difficult level. Few unconventional questions were also seen. This year many questions were agriculture related which were asked from geography, environment and economics perspective. • Few questions asked by UPSC, although inspired by current affairs, required overall general awareness. For instance the questions on Indian elephants, cyber insurance, G-20, Siachen glacier, etc. • Polity questions demanded deeper understanding of the Constitution and its provisions. The options in polity questions were close but very easy basic fundamental questions like DPSP, Right to Equality, etc were asked from regular sources like Laxmikanth. Few Questions covering the governance aspect like Aadhar, Legal Services, etc were also given weightage. • In the History section, Ancient India questions were given more weightage unlike in the previous years, and their difficulty level was also high. Art & Culture and Medieval Indian history also had tough questions. However, the modern history section was of moderate level difficulty overall. • Environment questions unlike previous years did not focus on International climate initiatives and bodies. This year focus lay on environmental issues, application of technology and related concepts like benzene pollution, steel slag, biochar, etc. -
Multiple Parents/Multiple Fathers Nancy E
University of Florida Levin College of Law UF Law Scholarship Repository Faculty Publications Faculty Scholarship 2007 Multiple Parents/Multiple Fathers Nancy E. Dowd University of Florida Levin College of Law, [email protected] Follow this and additional works at: http://scholarship.law.ufl.edu/facultypub Part of the Family Law Commons Recommended Citation Nancy E. Dowd, Multiple Parents/Multiple Fathers, 9 J.L. & Fam. Stud. 231 (2007), available at http://scholarship.law.ufl.edu/ facultypub/459 This Article is brought to you for free and open access by the Faculty Scholarship at UF Law Scholarship Repository. It has been accepted for inclusion in Faculty Publications by an authorized administrator of UF Law Scholarship Repository. For more information, please contact [email protected]. Multiple Parents/Multiple Fathers Nancy E. Dowd Multiple parents, especially multiple fathers, are a social reality but not a legal category.1 The assumption that every child has, or should have, two, but * Chesterfield Smith Professor of Law, Levin College of Law, University of Florida. This paper was first presented at the University of Oregon School of Law at a conference organized by Professor Leslie Harris, "Protecting Children's Need for Nurturance: Proven Strategies and New Ideas," April 24-25, 2006. Professor Harris organized a lively and thought-provoking conference that ultimately led to this written symposium. I am grateful for her leadership and the dialogue sparked by the conference, including conversations with Melanie B. Jacobs, June Carbone, Marsha Garrison and Professor Harris. I have also benefited from discussions with my colleagues Lee Ford Tritt and Barbara Bennett Woodhouse. -
Effects of the 2010 Civil Code on Trends in Joint Physical Custody in Catalonia
EFFECTS OF THE 2010 CIVIL CODE ON TRENDS IN JOINT PHYSICAL CUSTODY IN CATALONIA. A COMPARISON WITH THE Document downloaded from www.cairn-int.info - Universitat Autònoma de Barcelona 158.109.138.45 09/05/2017 14h03. © I.N.E.D REST OF SPAIN Montserrat Solsona, Jeroen Spijker I.N.E.D | « Population » 2016/2 Vol. 71 | pages 297 - 323 ISSN 0032-4663 ISBN 9782733210666 This document is a translation of: -------------------------------------------------------------------------------------------------------------------- Montserrat Solsona, Jeroen Spijker, « Influence du Code civil catalan (2010) sur les décisions de garde partagée. Comparaisons entre la Catalogne et le reste de Espagne », Population 2016/2 (Vol. 71), p. 297-323. -------------------------------------------------------------------------------------------------------------------- Available online at : -------------------------------------------------------------------------------------------------------------------- http://www.cairn-int.info/article-E_POPU_1602_0313--effects-of-the-2010-civil-code- on.htm -------------------------------------------------------------------------------------------------------------------- How to cite this article : -------------------------------------------------------------------------------------------------------------------- Montserrat Solsona, Jeroen Spijker, « Influence du Code civil catalan (2010) sur les décisions de garde partagée. Comparaisons entre la Catalogne et le reste de Espagne », Population 2016/2 (Vol. 71), p. 297-323. -------------------------------------------------------------------------------------------------------------------- -
Fireman Divorce Guide
FIREMAN DIVORCE GUIDE rightlawyers.com - (702) 914-0400 Purpose of this Guide Although going through a divorce is tough on everyone, a firefighter’s divorce poses challenges that are unique to the profession. Three common unique issues arising are (1) child custody because of non-traditional work schedule, (2) pension considerations, and (3) spousal support based on overtime. This guide is not intended to be a substitution for legal advice. An individual’s situation will vary from case to case, and the best strategy will differ from case to case. This guide is general information only. This guide will discuss four myths unique to firefighters. The first myth is all divorces are world war three. The next myth is mothers always win custody of the child. Then we discuss myths regarding a fireman’s pension and myths around spousal support. Myth 1 - All Divorces are World War III • Uncontested versus Contested Myth 2 - Mothers Always Get Custody • Types of custody • What are the “Best Interest Factors” • Sample custody plans for fireman Myth 3 - Pensions Are Not Dividable • Pensions are community property • Court will divide community property equally • Strategies for protecting your pension Myth 4 - Alimony Is Forever • There is no concrete formula for alimony • How overtime factors into alimony Divorce Myth – Not all Divorces are World War III Contested or Uncontested Divorce Not every divorce goes to court. There are two types of divorce in Nevada, contested and uncontested. An uncontested divorce means that both spouses agree to the all the terms of the divorce. There may be some negotiation at the outset, however, both parties have ultimately reached an agreement. -
In Re Bonfield, 96 Ohio St.3D 218, 2002-Ohio-4182.]
[Cite as In re Bonfield, 96 Ohio St.3d 218, 2002-Ohio-4182.] IN RE BONFIELD. [Cite as In re Bonfield, 96 Ohio St.3d 218, 2002-Ohio-4182.] Custody — Pursuant to its authority under R.C. 2151.23(A)(2), a juvenile court may determine whether a shared custody agreement between partners in a same-sex relationship is in the best interests of the children. (No. 2001-0625 — Submitted March 13, 2002 — Decided August 28, 2002.) APPEAL from the Court of Appeals for Hamilton County, Nos. C-000436 and C- 000437. __________________ MOYER, C.J. {¶1} Appellants, Teri J. Bonfield and Shelly M. Zachritz, have lived together since 1987 as partners in a same-sex relationship. During that time, Teri has adopted two children, Joseph, born in 1993, and Jacob, born in 1995. Shelly participated equally with Teri in the decision to adopt the boys. {¶2} Teri has also given birth to three children, a son born in 1996, and twins born in 1998, each of whom was conceived through anonymous artificial insemination. Shelly actively participated in the planning and births of the children, assisted with Teri’s artificial insemination, and was present throughout Teri’s doctor’s visits during the pregnancies and actual births. According to Teri and Shelly, since the children’s respective adoptions and births Shelly has acted as their primary caregiver and has come to be seen by them as their parent in the same way as has Teri. {¶3} Appellants’ description of their family is echoed by Dr. Leslie Swift, a licensed clinical psychologist, who testified that appellants operate jointly in caring for the children, and have created a loving and committed home.