scholarly journals Guidelines for the Use of Social Science Research in Family Law

2019 ◽  
Vol 57 (2) ◽  
pp. 193-200 ◽  
Author(s):  
2019 ◽  
Vol 57 (2) ◽  
pp. 191-192 ◽  
Author(s):  
Marsha Kline Pruett ◽  
Stacey Platt ◽  
William Fee

2016 ◽  
Vol 54 (2) ◽  
pp. 150-166 ◽  
Author(s):  
Irwin Sandler ◽  
Michael Saini ◽  
Marsha Kline Pruett ◽  
JoAnne L. Pedro-Carroll ◽  
Janet R. Johnston ◽  
...  

2018 ◽  
Vol 46 (1) ◽  
pp. 85-111
Author(s):  
Zoe Rathus

This article reports on a study which investigated the perceptions of professionals in the family law system about how social science research is used in that system in Australia. The results shed light on the daily practices of actors in the system regarding their use of social science research and demonstrate the ubiquitous presence of this research in the family law environment. The study involved a series of focus groups with lawyers and social scientists and gathered data about how the participants perceived various professions engaged with social science research. This revealed the actual world of family law practice, undiscoverable from the published cases. The data show how practitioners perceive that family law professionals, including judges, harness the research positively, but also expose a range of concerns, particularly about judges citing social science research in the courtroom. The article concludes with some steps that could be taken to clarify the way in which social science research could be used.


Author(s):  
Eve M. Brank

One of the most contentious, and recently evolving, components of a divorce agreement involves custody of the children. And, this area of family law has been particularly influenced by psychology and other social science research. The guiding principle is that of the best interest standard, which requires an inquiry that goes beyond concrete legal rules that relies on psychological principles and often introduces psychological experts into the legal setting. Those experts can aid with custody arrangements and understanding the potential impact of the divorce on the children. Legal rules define and provide guidelines for financial child support. Finally, newer areas within the law of custody focus on grandparent involvement in their grandchildren’s lives and the newer area within family law of pet custody.


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