Family Court Review

Cover image for Vol. 54 Issue 4

Edited By: Barbara Babb

Online ISSN: 1744-1617

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Recently Published Articles

  1. Comment on Parkinson and Cashmore's (2015) Research and Proposal for Reforming Child Custody Relocation Law: Child Custody Evaluator and Psychological Perspecitve (pages 620–631)

    William G. Austin

    Version of Record online: 19 OCT 2016 | DOI: 10.1111/fcre.12247

    Key Points for the Family Court Community:

    • Practitioners will benefit from knowing the qualitative research by Parkinson and Cashmore for generating hypotheses about families' experience with relocation.
    • The concept of least detrimental alternative will be a useful lens for resolving relocation disputes.
    • The relocation risk assessment forensic model will a useful first step for evaluators in taking a systematic approach to a relocation analysis.
    • Best interests and relocation statutory factors provide structure and rationality to a relocation analysis for both court and evaluators.
    • Parkinson and Cashmore research provide insights on the practical analysis on whether relocation should occur and how to implement a long distance parenting plan.
    • Implementing a long distance parenting plan requires an evaluator and the court to take a risk management approach to protecting the child and distant parent relationship.
  2. Safety, Satisfaction, and Settlement in Domestic Relations Mediations: New Findings (pages 603–619)

    Susan Raines, Yeju Choi, Joshua Johnson and Katrina Coker

    Version of Record online: 19 OCT 2016 | DOI: 10.1111/fcre.12246

    Key Points for the Family Court Community:

    • Screening for intimate partner violence (IPV) is not enough. Research is needed to help direct us toward those cases which might benefit from mediation, even in the presence of IPV, and which would not benefit.
    • Some violent or threatening behaviors have a greater impact on settlement rates and satisfaction levels than others.
    • Previous verbal threats to harm the other party had a greater negative impact on the chance of settlement than did a history of physical violence between the parties.
    • Mediators and court personnel who are engaged in screening cases for violence and safety need better, specific guidance about which types of past behavior are likely to reduce the benefits of mediation for all concerned.
  3. “I didn't Know You were Fighting So Hard for me”: Attorneys' Perceptions of Youth Participation in Child Dependency Proceedings (pages 578–590)

    Astraea Augsberger, Vicki Lens and Andrea Hughes

    Version of Record online: 19 OCT 2016 | DOI: 10.1111/fcre.12244

    Key Points for the Family Court Community:

    • Attorneys play a critical role in representing adolescent clients' wishes and interests in child dependency proceedings; therefore, it is essential to understand how attorneys conceptualize youth participation in court.
    • There are multiple individual and systemic barriers to adolescent participation in dependency proceedings, including the adolescent, the attorney, the judge, and court policies and procedures.
    • In an effort to enhance adolescent participation in court, attorneys and other court actors should receive specialized training focused on adolescent development and communicating with adolescents in the legal realm.
  4. The Adoption and Safe Families Act: Proposing a “Best Efforts” Standard to Eliminate the Ultimate Obstacle for Family Reunification (pages 657–670)

    Brittany Lercara

    Version of Record online: 19 OCT 2016 | DOI: 10.1111/fcre.12250

    Key Points for the Family Court Community:

    • Children are frequently placed in foster care due to deprivation of necessities as a result of poverty.
    • Children placed in foster care are often separated from their siblings.
    • The Adoption and Safe Families Act of 1997 requires the U.S. Department of Health and Human Services to attempt to place children in pre-adoptive foster homes.
    • The term “best interests” must be defined within the Adoption and Safe Families Act of 1997 to promote uniformity among the states.
    • Reunification as a permanency goal requires active contribution and participation from government agencies, the court and the family for success.
    • The state should be penalized if it is determined they have not worked in the best interest of the child.
  5. High-Conflict Divorce: A form of Child Neglect (pages 642–656)

    Alexa N. Joyce

    Version of Record online: 19 OCT 2016 | DOI: 10.1111/fcre.12249

    Key Points for the Family Law Community:

    • High-conflict divorce is detrimental to the entire family unit and often causes emotional and psychological harm to the children.
    • Children entrenched in their parents' high-conflict divorce experience emotional neglect.
    • Emotional neglect is an under-recognized form of child neglect that warrants state intervention through Child Protective Services.
    • Emotional neglect is underreported and often unrecognizable to the untrained eye.
    • Child Protective Services must be responsible for investigating possible emotional neglect in high-conflict divorce cases and connecting families with appropriate therapeutic interventions.
    • An attorney for the child must be appointed where Child Protective Services is forced to petition the court for compliance with therapeutic intervention or services.