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Family Law

Family Law Prof Blog

Family law issues explored by law professors.
By Barbara Glesner Fines, Robert E. Oliphant, and Nancy Ver Steegh (William Mitchell College of Law).

Post Frequency: 12.6/day

Last Entry: April 01, 2011 at 15:18:00

California Court Rules that Judgment of Ukrainian Adoption Cannot be Vacated in the United States

Posted on January 29, 2010
A California Court of Appeals has ruled that a family adopting a Ukrainian child who turned out to have severe physical and mental disabilities may not vacate the Ukrainian adoption using a California statute which allows adoptive parents to set...

Registration for the 4th Conference of the Commission on European Family Law

Posted on January 29, 2010
From Jo Miles and our friends across the pond: The 4th Conference of the Commission on European Family Law, The Future of Family Property in Europe, takes place at the University of Cambridge, April 8-10. The programme for the early...

$17 Million Contingency Fee Marital Property Subject to Equitable Division

Posted on January 28, 2010
The Tennesee Supreme Court has ruled that a $17 million class action settlement fee received by a husband-attorney after his wife filed for divorce is marital property subject to equitable division. The decision is consistent with the wealth of jurisprudence...

Shmueli: "What have Calabresi and Melamed got to do with Family Affairs? Women Using Tort Law in Order to Defeat Jewish and Shari?A Law"

Posted on January 28, 2010
Benjamin Shmueli has posted What have Calabresi and Melamed got to do with Family Affairs? Women Using Tort Law in Order to Defeat Jewish and Shari?A Law, Berkeley Journal of Gender, Law & Justice (forthcoming 2009), on SSRN. Here is...

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New Studies on Weight Gain, IQ

Posted on January 27, 2010
The results of two new studies (loosely) pertaining to families have been announced: 1. A new study suggests that women who live with a mate put on a few more pounds than otherwise. According to the New York Times, ?After...

Marriage Makes Men Richer

Posted on January 27, 2010
Interesting Time magazine article discuss a study using Census data to conclude that college-educated men sustain the greatest economic benefit from marriage. How's this for unintended consequences? Some of the biggest beneficiaries of the women's movement have been married men...

Call for Papers on the Protection of Children and Families During Armed Conflict

Posted on January 26, 2010
INTRODUCTION: The Van Leer Jerusalem Institute and the Minerva Center for Human Rights at the Hebrew University of Jerusalem are organizing an international, interdisciplinary conference on the Protection of Children and Families during Armed Conflict...

Arrested for Not Registering Home-Schooled Kids

Posted on January 26, 2010
From cbs6albany.com: FONDA -- A Montgomery County couple has been arrested on child endangerment charges for failing to register their children with the school district as they were home-schooled, the Montgomery County Sheriff's Office said Monday. ? The Cressys were...

A Divorce Gift Registry?!?

Posted on January 25, 2010
A well-known British retailer has launched a divorce gift registry. Stock up now for your separating friends and family! "With so many couples now living together before they marry, the wedding gift list concept is now regarded as more of...

Human Trafficking Increases with Olympics

Posted on January 25, 2010
One story from London suggests a link between the Olympics and human trafficking, a link that will hopefully be eliminated once and for all starting with the 2010 Winter Olympics, which begin in Vancouver next month. In the meantime, we...

Proposition 8 Trial Updates

Posted on January 25, 2010
The blogosphere is buzzing with updates from the the Proposition 8 trial in California. For excellent coverage, check out: Constitutional Law Prof Blog, which has an updated post on the case here. Box Turtle Bulletin, which is doing a day-by-day...

Kahn: "Alimony Treatment for a Single Payment"

Posted on January 24, 2010
Douglas A. Kahn (University of Michigan Law School) recently posted Alimony Treatment for a Single Payment, 125 Tax Notes__ (2009), on SSRN. Here is the abstract: The author concludes that, contrary to the IRS and the Tax Court?s position, a...

Psychological Violence Law in France

Posted on January 23, 2010
France is set to introduce a new offense: psychological violence between married couples or partners living together. This is an unusual venture into regulating matters within a family. There is some concern, however, that the law will be abused and....

Joslin: "The Evolution of the American Family"

Posted on January 23, 2010
Courtney Joslin (UC Davis School of Law) has posted "The Evolution of the American Family" on SSRN. Here is the abstract. This short piece examines the changing meaning of marriage and the family in the U.S. Among other developments, the...

Easteal: "Marital Rape: Conflicting Constructions of Reality"

Posted on January 22, 2010
Patricia L. Easteal (Univerity of Canberra) has posted "Marital Rape: Conflicting Constructions of Reality" on SSRN. Here is the abstract: Marital rape is one manifestation of violence in the home. It involves more additional injuries than sexual assault by any...

Removal Cases in Family Law

Posted on January 22, 2010
A recent Illinois appellate case reversed the lower court and permitted the removal of a child to a different state despite objections from her father, determining that the mother of the child met her burden of establishing the removal petition...

Tattooing Children

Posted on January 21, 2010
We?ve previously touched on the difficulty of drawing a line between permitting parents to make certain medical decisions and having the state do so. What about tattooing children with primitive instruments? Is there something wrong with that? How is different...

Census Bureau Data Shows Highest Ever Median Age at First Marriage

Posted on January 21, 2010
Americans are waiting longer than ever to try matrimony for the first time. Statistics released by the U.S. Census Bureau show the median age of men who have their first wedding is now 28.1 years old, and for women it?s...

Ahmed: "Personal Autonomy and the Option of Religious Law"

Posted on January 20, 2010
Farrah Ahmed (University of Oxford) has posted Personal Autonomy and the Option of Religious Law, International Journal of Law, Policy and the Family (forthcoming), on SSRN. Here is the abstract: The ?millet? and 'personal law' systems, found in countries such...

Reform of Royal Marriage Rules on the Horizon?

Posted on January 20, 2010
Rules governing royal marriages and the succession to the throne of the UK breach the European Convention on Human Rights, an influential parliamentary committee has said. The Joint Committee on Human Rights (JCHR) said that laws barring members of the...

Cameras in California?s Federal Courtrooms

Posted on January 19, 2010
We have recently blogged here about whether cameras should be allowed into the California federal district courtroom in which the Proposition 8 case on same-sex marriage is ongoing, with the video then being posted on YouTube. The Supreme Court has...

New Jersey Supreme Court Allows Divorce to be Obtained After Death

Posted on January 19, 2010
Years ago, the New Jersey Supreme Court held that a spouse may continue divorce litigation after the other's death for the sole purpose of proving that the deceased spouse had diverted marital assets. The divorce is an equitable method of...

C-Sections Overused?

Posted on January 19, 2010
A third of births in the United States and a quarter of births in England are done by c-section. Such planned surgeries, along with the ?too posh to push? attitude of some, have been a cause for concern in both...

Warm Up Your January Monday...

Posted on January 18, 2010
...by checking out this link, featuring pictures of parents whose kids think they are awesome. No joke. MR

Teaching the Ongoing Proposition 8 Trial

Posted on January 18, 2010
Our friends at the Constitutional Law Prof Blog are closely monitoring the Proposition 8 trial in California?the first federal trial on the constitutionality of same-sex marriage bans. They offer suggestions for using the trial in teaching here and provide a...

Class Action Against State Agency for Lax Child Support Collection

Posted on January 18, 2010
A West Virginia attorney recently filed a class action suit against the State Bureau of Child Support Enforcement, claiming that the Bureau has taken no action in scores of child support enforcement cases, allowing limitations to run and otherwise mishandling...

Fairfield: "Virtual Parentalism"

Posted on January 17, 2010
Joshua Fairfield (Washington and Lee University School of Law) has published "Virtual Parentalism," 66 Wash. & Lee L. Rev. 1215 (2009). Read the abstract on SSRN here: Parents, not laws, ultimately protect children both online and offline. If legislation places...

Haiti Earthquake Impacts Adoption Process

Posted on January 17, 2010
The effects of the devastating earthquake in Haiti have been felt by the many American families awaiting adoption from Haiti, who cannot get their adopted children out of the country. For example, this Wisconsin adoptive couple is waiting for a...

Dauvergne & Millbank: "Forced Marriage as a Harm in Domestic and International Law"

Posted on January 16, 2010
Catherine Dauvergne (University of British Columbia Faculty of Law) and Jenni Millbank (University of Technology, Sydney) have posted "Forced Marriage as a Harm in Domestic and International Law" on SSRN. Read the abstract here: This article reports on our analysis...

Iowa Grandparents Seek More Rights

Posted on January 15, 2010
As Iowa state legislators resumed their work this week, they are facing calls to change the laws on grandparents? visitation to favor the grandparent-grandchild relationship. Of course, legislators will be somewhat restricted by the famous Supreme Court case limiting grandparents?...

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