scholarly journals Transparenthood

2019 ◽  
pp. 1593
Author(s):  
Sonia Katyal ◽  
Ilona Turner
Keyword(s):  
Family Law ◽  
Case Law ◽  
Risk Of Bias ◽  
Equal Treatment ◽  
Family Court ◽  
Court System ◽  
Law System ◽  
Irreparable Harm ◽  
The Family ◽  
Lgbt Parenting

Despite the growing recognition of transgender rights in both law and culture, there is one area of law that has lagged behind: family law’s treatment of transgender parents. We perform an investigation of the way that transgender parents are treated in case law and discover striking results regarding the outcomes for transgender parents within the family court system. Despite significant gains for transgender plaintiffs in employment and other areas of law, the evidence reveals an array of ways in which the family court system has systematically alienated the rights and interests of transgender parents. In many cases involving custody or visitation, we find that the transgender parent loses their bid, sometimes even losing their right to be recognized as a parent. This absence of equal treatment is striking and deserving of analysis, particularly given the law’s shift toward a standard that is supposed to minimize the risk of bias in LGBT parenting cases. In a striking number of cases, however, we found evidence of persistent bias regarding the gender identity and expression of the transgender parent—which we refer to as transition, contagion, and volition related concerns—that underscores the courts’ analysis. Normatively, this Article calls for a deeper interrogation of the ways in which family equality can be expanded—and even reoriented—to better protect the interests of transgender parents within the family law system. As a solution, we propose a way to balance courts’ broad discretion with the disproportionate risk that bias will infect the decisionmaking, resulting in irreparable harm to both the child and the parent.

scholarly journals Bill Atkin: A Fierce Defender of Children's Rights and Proponent of Child-Focused Legislation

2015 ◽  
Vol 46 (3) ◽  
pp. 591
Author(s):  
Mark Henaghan ◽  
Ruth Ballantyne
Keyword(s):  
Child Support ◽  
Family Law ◽  
Well Being ◽  
Family Court ◽  
Physical Discipline ◽  
Court System ◽  
The Family ◽  
Legislative Reforms ◽  
Children’S Views ◽  
Made In

This article illustrates the different ways in which Professor Bill Atkin has shown where family law legislative reforms have fallen short in making the rights and well-being of children the paramount consideration in family law disputes, and properly taking account of children's views on matters that affect them. It examines Atkin's thought-provoking analysis of the introduction of the Care of Children Act 2004 and the changes made in recent years to the Child Support Act 1991, the Property (Relationships) Act 1976 and the Family Court system as a whole. The article also explores Atkin's approval of the amendments to the Crimes Act 1961 preventing parents from using physical discipline against their children for the purposes of correction. Overall, the article highlights Atkin's extensive contribution to family law and demonstrates what needs to be changed to ensure New Zealand family law and society becomes more child-focused in the future.

Divorce on grounds of discord: Did the Moroccan family law reform bring the guarantee of divorce for women? An ethnographic perspective on the changing landscape of divorce. The Mudawwana a decade on

2020 ◽  
Vol 74 (1) ◽  
pp. 35-65
Author(s):  
Elisabeth Nössing
Keyword(s):  
Women's Rights ◽  
Family Law ◽  
Age Groups ◽  
Case Law ◽  
Family Court ◽  
Law Reform ◽  
Women’S Rights ◽  
Mena Region ◽  
Men And Women ◽  
Moroccan Family

AbstractThis article discusses the new divorce on grounds of discord procedure (taṭlīq li-š-šiqāq) within the context of the Moroccan family law reform of 2004. Literature available in English and French has, so far, focused primarily on the improvements the Moroccan family law reform has brought in regard to women’s rights. The reform is considered one of the most progressive legislative projects in the MENA region and a milestone for gender equality, notably the reform of divorce law. Divorce on grounds of discord was seen as the long-awaited divorce guarantee for women. However, legal scholars maintained that case law jeopardised the divorce guarantee. This legal-anthropological study is informed by fieldwork at the family court in Rabat, as well as official statistics, case law and the standard legal commentary. It aims to scrutinise how divorce on grounds of divorce is put into practice by the judiciary, how Moroccan men and women make use of it and how changes on a procedural and institutional level affect the implementation of the new divorce procedure. My empirical findings show that divorce on grounds of discord effectively guarantees Moroccan women’s right to divorce. Well beyond the discussion on women’s rights in divorce, I will demonstrate that, within a decade, divorce on grounds of discord developed into a standard divorce procedure for both men and women across socio-economical milieus and age groups.

scholarly journals The Discourse and Practice of Islamic Family Law in Indonesia

2021 ◽  
Vol 58 (1) ◽  
pp. 5201-5212
Author(s):  
Nurrohman Syarif
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Court System ◽  
Islamic History ◽  
Law System ◽  
Muslim Countries ◽  
Changing Times ◽  
The Impact ◽  
Civil Law System ◽  
Religious Courts

Family law is the most powerful law practiced in Islamic history, but this does not mean that it avoids the demands of changing times. Today, there are no less than thirteen problems related to family law that have arisen in the Muslim world. This problem arises not only because of demands for changing times, but also because of efforts to unify, codify and legislate Islamic law in a number of Muslim countries. This problem requires not only solutions but also reforms. This study aims to examine the model of understanding, practicing, reforming and transforming Islamic law in Indonesia and its impact on the position of standard classical fiqh books and the independence of judges in the Religious Courts. This research is a non-doctrinal normative qualitative research type. This study found a variety of models in the exploration, practice and reform of family law in Indonesia. The impact of the reform and transformation of family law in Indonesia is that classical fiqh books are no longer used as the main reference and the Religious Court System is closer to the civil law system. However, the reform and transformation of family law in Indonesia did not reduce the independence of religious judges in exploring and discovering more contextual Islamic law.

ROLE OF THE COURTS

PEDIATRICS ◽  
1973 ◽  
Vol 51 (4) ◽  
pp. 796-798
Author(s):  
Florence M. Kelley
Keyword(s):  
Social Work ◽  
Juvenile Court ◽  
Family Court ◽  
Court System ◽  
The Family ◽  
Long Time ◽  
Neglected Children ◽  
Abused And Neglected Children ◽  
As If

It is important to know what the courts can do and cannot do in the area of abused and neglected children. Often the Family Court is listed as an agency. It is not an agency. It is part of the court system. Its operation is circumscribed by the concept of being a real court. For a long time there was a theory that the Family Court or Juvenile Court could be a kind of social work oriented operation, not quite a real court, not truly a social work agency. This concept has been abandoned. The Family Court is a court of record and is in all aspects a court. It is dependent in the action it takes on evidence which must conform to strict rules that are laid down. It is an adversary proceeding. It is not enough to produce a child that looks as if it has been beaten. A judge in the Family Court also has before him the person who may be charged with having beaten the child. That person, be it a parent or guardian, is entitled to counsel, to help in his defense. The adversary process then takes place. Persons bring forth evidence to show that the parent did abuse the child. The parent is enabled under the court system to bring forth before the judge evidence that he or she did not do it. It is then up to the judge to give this evidence due weight and make a decision as to whether or not the allegations have been proven.

Custody Jurisdiction in the Family Court

1981 ◽  
Vol 12 (4) ◽  
pp. 281-307
Author(s):  
Owen Jessep ◽  
Richard Chisholm*
Keyword(s):  
Family Law ◽  
State Courts ◽  
Family Court ◽  
High Court ◽  
The Family ◽  
Difference Of Opinion ◽  
Considerable Confusion

Considerable confusion and difference of opinion exists as to the precise boundaries of jurisdiction in custody matters between Federal and State courts. This Article examines the main cases in which the scope of the Family Court's custody jurisdiction has been in issue, and reviews suggestions made to remedy the problems resulting from the division of jurisdiction. The authors argue for an interpretation of the relevant provisions of the Family Law Act 1975 (Cth) which is consistent with the trend of High Court authority as to the scope of the marriage power (section 51(xxi) of the Constitution), and which would remove much of the uncertainty concerning the Family Court's jurisdiction.

Redesigning the Family Law System to Promote Healthy Families

2015 ◽  
Vol 53 (3) ◽  
pp. 361-370
Author(s):  
William J. Howe ◽  
Elizabeth Potter Scully
Keyword(s):  
Family Law ◽  
Law System ◽  
The Family

scholarly journals Menakar Keadilan Hukum Waris Islam Melalui Pendekatan Teks dan Konteks al-Nushûsh

2012 ◽  
Vol 12 (2) ◽  
Author(s):  
Muhammad Amin Suma
Keyword(s):  
Legal System ◽  
Distribution System ◽  
Family Law ◽  
Distribution Method ◽  
Inheritance Law ◽  
Male And Female ◽  
Law System ◽  
The Family

Abstract: Measuring the Justice of Islamic Inheritance Law by Drawing upon the Text and Context of al-Nushûsh. Accusations against the Islamic inheritance distribution system are surfacing again. Several groups are finding fault with the 2:1 distribution for Islamic inheritors. They suggest this distribution method be converted into 1:1, like it is in the Western system of inheritance and like it is to some extent in Adat inheritance law. This study points out that theoretically Islamic inheritance law looks very clear, comprehensive and fair, from whatever angle you look at it. This takes into account, in a balanced way, the distributions that use the 2:1 approach for joint male and female heirs. The key to understanding this is inheritance has to be treated entirely as a sub-system of the family law system, and even has to be understood as an integral part of the whole Islamic legal system, which is sound and comprehensive.Keywords: justice, inheritance law, textual, al-nushûshAbstrak: Menakar Keadilan Hukum Waris Islam Melalui Pendekatan Teks dan Konteks al-Nushûsh. Gugatan mengenai sistem pembagian kewarisan Islam kembali muncul ke permukaan. Beberapa kalangan mempermasalahkan perimbangan waris Islam 2:1. Mereka menawarkan metode perimbangan ini menjadi 1:1, sebagaimana pada sistem hukum kewarisan Barat dan sebagian hukum kewarisan Adat.  Studi ini menunjukkan bahwa dari sisi mana pun hukum kewarisan Islam secara teoretik tampak sangat jelas, lengkap, dan adil. Termasuk dalam konteks perimbangan pembagiannya yang menggunakan pendekatan 2:1 untuk ahli waris laki-laki dan ahli waris perempuan. Kunci untuk memahaminya harus menempatkan posisi kewarisan sebagai sub sistem dari sistem hukum keluarga secara keseluruhan bahkan harus dipahami sebagai bagian integral dari keseluruhan sistem hukum Islam yang bersifat utuh dan menyeluruh.Kata Kunci: keadilan, hukum kewarisan, tekstual, al-nushûshDOI: 10.15408/ajis.v12i1.965

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