scholarly journals COVID-19 and the family courts: key practitioner findings in children cases

Author(s):  
Kayliegh Richardson ◽  
Ana Kate Speed ◽  
Callum Thomson ◽  
Laura Rachel Coapes
Keyword(s):  
2018 ◽  
Vol 5 (1) ◽  
Author(s):  
Janet Oluwaleye Monisola

The trend of violence against women in Nigeria has increased more than ever recently, with many women having been deprived of their fundamental rights. Violence against women in Nigeria includes sexual harassment, physical violence, harmful traditional practices, emotional and psychological violence, and socio-economic violence. This article investigates cases of domestic violence against women in South West Nigeria by assessing the role of family courts in the adjudication of such cases. Both primary and secondary sources of data were employed to examine incidents of violence against women and the role of the family courts in ensuring justice. The author employed both primary and secondary sources of data; the data gathered were analysed by frequency and simple percentages, while qualitative data were descriptively analysed. The article reveals the causes of domestic violence against women to include a cultural belief in male superiority, women’s lack of awareness of their rights, women’s poverty owing to joblessness, men seeking sexual satisfaction by force, women having only male children, the social acceptance of discipline, the failure to punish the perpetrators of violence, the influence of alcohol, and in-laws’ interference in marital relationships. It also reveals the nature of domestic violence against women. The research revealed that the family courts have played prominent roles in protecting and defending the rights of women. The author therefore recommends that the law should strengthen the family courts by extending their power to penalise the perpetrators of violence against women. 


Author(s):  
Asha Bajpai

Custody refers to the physical care and control of a minor whereas guardianship is a wider term and includes rights and duties with respect to the care and control of minor’s person and property, and includes the right to make decisions relating to the minor. The present legal regime relating to guardianship and custody of children is discussed, including the Guardians and Wards Act, 1890, the Hindu Minority and Guardianship Act, 1956, the personal and matrimonial laws, and relevant provisions in the Family Courts Act and Protection of Women against Domestic Violence Act, 2005. The emerging concepts of shared parenting, joint custody, and the interparental child removal or abduction of child is included. There is review and analysis of some major reported judicial decisions. A comparative survey of international laws and trends has been done. Suggestions for law reform in the best interest of the child have been given.


1984 ◽  
Vol 13 (5) ◽  
pp. 591
Author(s):  
James T. Sprowls ◽  
Michael Fabricant
Keyword(s):  

Author(s):  
Heather Douglas

This chapter explores women’s interactions with judges when they appeared before them in relation to protection orders and child custody orders after experiencing intimate partner violence (IPV). Commonly women identified that judges prioritized physical violence and minimized other forms of abuse and that they seemed to align with abusers, discounting the women’s experiences of abuse. Women identified that judges often lacked preparation for hearings, rubber-stamped witness subpoenas, and failed to stop irrelevant witness examination. They explained how these approaches facilitated their partner’s misuse of the legal system as a tactic of abuse. Women also discussed how judges, especially in the family courts, prioritized fathers’ rights to contact with children over safety. However, women’s stories also demonstrated resistance to their abuser’s control over them through the courts, and their efforts to ensure the safety of their children regardless of court orders.


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