Court of appeal judges in the UK have advised that the family courts should prioritize the issue of coercive and controlling behavior when considering disputes between parents in domestic abuse cases. New guidance for England and Wales welcomed but critics say it fails to address perpetuation of rape myths and the ‘contact at all costs’ approach. The judges said regarding coercive incidents that … [Read more...]
Allen v. Farrow: Child Sexual Abuse is the Final Frontier
CJE colleagues Joan Meier and Danielle Pollack demonstrate the the lack of change in how family courts treat women trying to protect their children from sexual abuse through the lens of the Allen v. Farrow case. The Allen v Farrow docuseries currently on HBO brings into focus the unsettling — but all too prevalent — problem of child sex abuse within families. While the film’s narrative about the … [Read more...]
In Non-Criminal Courts, You Could Lose Your Kids, Your Home, and Your Freedom Without the Right to Legal Advice
The right for criminal defendants in the U.S. to receive free legal representation if they cannot afford it was established by the Supreme Court almost 60 years ago. Yet in non-criminal courts cases across the country, litigants facing forfeiture of parental rights, eviction or foreclosure, and danger from abusive spouses and domestic partners, are subject to loss of child custody, control over … [Read more...]
Why Divorce Cases Involving Allegations Of Abuse Still Confound Family Courts
Across Canada, as well as the U.S., family court is a tangled, vastly under-resourced jungle that includes hundreds of lawyers, judges, child-protection workers and custody assessors. It’s a system that has long struggled to deal with cases that involve allegations of domestic violence, especially when determining custody and access. That’s in part due to a culture rife with sexist stereotypes … [Read more...]
Workgroup Seeks Changes to Domestic Violence, Custody, and Abuse Proceedings
On Monday, December 7th at a joint hearing, the House Judiciary and Senate Judicial Proceedings Committees heard recommendations from the Workgroup to Study Child Custody Proceedings Involving Child Abuse or Domestic Violence Allegations. Child Custody Workgroup members including Maryland Secretary of State John C. Wobnensmith as well as Ruth Glenn, President of the National Coalition … [Read more...]