Introduction

Articles

Collaborative Practice: A New Opportunity to Address Childrens Best Interest in Divorce

I. Introduction: A. Demographics. B. Life Expectancy. C. Risk and Resiliency. D. Settlement is Not Enough. -II. Collaborative Practice: A. Dispute Resolution Continuum. B. Paradigm Shift in Family Law. C. Therapist Response. D. The Role of the Divorce Coach: 1. Is Divorce Coaching Therapy? 2. Is Coaching for the Individuals or for the Relationship? 3. Is Divorce Coaching Repairing Damage or Meeting Higher Standards? D. The Child Specialist: 1. Therapeutic Assessment. 2. Feedback to the Team. ...

Differentiating Types of Domestic Violence: Implications for Child Custody

I. Introduction. -II. Differentiating Types of Violence: A. Contradictory Research Suggests the Existence of Different Types of Domestic Violence. B. Policy Implications: Children May Be Exposed to Different Types of Domestic Violence. C. Viewing Domestic Violence Through the Lens of the Johnson Typology: 1. Intimate Terrorism: a. The Johnson Typology: Intimate Terrorism. b. Research and Theory Consistent with Intimate Terrorism: i. Victims of Intimate Terrorism. ii. Perpetrators of Intimate ...

Does Parental Autonomy Require Equal Custody at Divorce

I. The Constitutional Problem. -II. An Economic Approach. -III. The Effects of Joint Custody. -IV. A Broader Lesson? -V. Tables.

Measuring Up? The Relationship Between Correlates of Childrens Adjustment and Both Family Law and Policy in England

I. What Children Need: A Selective Synopsis. -II. Minimizing the Adverse Effects of Divorce. -III. When Should Access to Non-residential Parents Be Restricted? -IV. Children's Needs and Parenting Plans. -V. The Socio-legal Framework in England. -VI. The Legal Framework: The Children Act 1989. -VII. Residence and Contact in Practice. -VIII. Developments Since the Children Act 1989. -IX. Conclusion.

Rhetoric, Divorce and International Human Rights: The Limits of Divorce Reform for the Protection of Children

I. Introduction.-II. Protect Which Children? -III. From What?: A. Risks Facing American Children: 1. Poverty: a. Health. b. Education. 2. Juvenile Justice. B. Risks Facing American Children of Divorce. -IV.The Role of Law: A. Negative Rights. B. Positive Rights. C. Changing Hearts and Minds. -V. An Alternative Framework-the CRC: A. How It Would Help: 1. A Well-Established Legal Framework. 2. Protect More Children. 3. At Greater Risk. B. Necessary But Not Sufficient. -VI.Conclusion.

The Legal Definition of Parenthood: Uncertainty at the Core of Family Identity

I. What Is the Origin of Parenthood? A Tale of Two Categories: A. Category 1: Ex Post Review. B. Category 2: Ex Ante Creation of Parental Status. -II. Parenthood: Fixed from Birth-or Not?: A. The Marital Presumption. B. Non-Marital Children. C. Stepparents. -III. Parenthood: Renegotiated in Light of Subsequent Events?: A. Erosion of the Marital Presumption's Utility and Moral Force. B. Estoppel: What Remains of Reliance? C. Unmarried Fathers: Parentage and Lies. D. Stepparents Revisited: Lega...

Will Changing the Process Change the Outcome? The Relationship between Procedural and Systemic Change

I. Introduction. -II. The Impetus for Procedural Reforms. -III. The Consequences of Procedural Reform. -IV. Building on Procedural Reform to Create Systemic Change: A. The Relationship Between Changing Behaviors and Changing Attitudes. B. Changing the Norms of Legitimacy. C. Voluntarism Versus Mandated Processes. D. The "Skills Gap". -V. Conclusions.

Comments

Giving Children a Right to Be Heard: Suggested Reforms to Provide Louisiana Children a Voice in Child Custody Disputes

I. Introduction. -II. Categorical History of Proceedings Concerning Children: A. Juvenile Delinquency Proceedings: In Re Gault. B. Child Abuse and Neglect Proceedings: CAPTA. C. Contested Child Custody Proceedings: 1. Lack of Federal Rules Governing Child Custody Proceedings. 2. Risks Children Encounter in Contested Custody Proceedings. -III. Adversarial Proceedings and Harm to Children. -IV. Reform Possibilities: A. Current System of Representation for Louisiana Children: 1. The Parents. 2. ...