scholarly journals Using Parental Attachment in Family Court Proceedings: An Empirical Study of the DMM‐AAI

2021 ◽  
Author(s):  
Susan J. Spieker ◽  
Patricia M. Crittenden ◽  
Andrea Landini ◽  
Ben Grey
Keyword(s):  
Empirical Study ◽  
Parental Attachment ◽  
Family Court ◽  
Court Proceedings

Therapeutically (Un)Just Interactions in Family Court Proceedings

2018 ◽  
Vol 31 (2) ◽  
pp. 262-286
Author(s):  
Cindy Brooks Dollar
Keyword(s):  
Observational Data ◽  
Justice System ◽  
Family Members ◽  
Therapeutic Jurisprudence ◽  
Family Court ◽  
Family Courts ◽  
Specialty Courts ◽  
Current Operation ◽  
Court Proceedings

Court systems have a unique and powerful impact on the lives of persons who enter into them. In recognition of some of the deleterious effects of traditional court models, scholars and practitioners advocate for alternative court processes, especially through the implementation of specialty courts. Family court is a type of specialized court, which handles legal disputes among family members. The stated mission of family courts reflects notions of therapeutic jurisprudence; however, scarce research examines if therapeutic jurisprudence is actually practiced in family court settings. Using 12 months of observational data of over 100 hearings, the present study assesses the extent to which principles of therapeutic jurisprudence are apparent in court proceedings. I find that although therapeutically just interactions are common in family court, some encounters remain antitherapeutic or damaging. The implication of family court’s current operation within the broader “justice” system is discussed.

scholarly journals Child removal as the gateway to further adversity: Birth mother accounts of the immediate and enduring collateral consequences of child removal

2019 ◽  
Vol 19 (1) ◽  
pp. 15-37 ◽  
Author(s):  
Karen Broadhurst ◽  
Claire Mason
Keyword(s):  
Child Protection ◽  
Qualitative Interviews ◽  
Theoretical Work ◽  
Family Court ◽  
Birth Mothers ◽  
Collateral Consequences ◽  
Family Courts ◽  
Protective Resources ◽  
Court Proceedings ◽  
Psychosocial Crisis

This article is focused on the immediate and enduring consequences of child removal, from the perspective of birth mothers. The article builds on the authors’ previous theoretical work on the collateral consequences of child removal and women’s vulnerability to repeat family court appearances. Interview data drawn from in-depth qualitative interviews with 72 birth mothers conducted in seven local authority areas are revisited to enable a focused analysis of the immediate and longer-term effects of child removal. Analysis was informed by phenomenology’s interest in collective accounts of experience and the pursuit of moderate generalisations. All the women participating in the study had experienced the repeat removal of their children through the family courts, or were involved in child protection proceedings concerning an unborn child, having previously lost a child from their care. Birth mothers recounted an immediate psychosocial crisis following child removal, but also the cumulative and enduring nature of problems. From women’s accounts, we have been able to deepen our understanding of the enormity of the recovery challenge for women with long-standing histories of disadvantage who hold fragile and restricted social statuses. Role loss and further exclusionary consequences of child removal were particularly pronounced, given women’s limited access to protective resources. A clear set of recommendations for services are set out in a final discussion. The scale of the difficulties women face needs to be recognised in services that aim to promote recovery, if women are to be helped to avoid recurrent family court proceedings.

scholarly journals Maternal health, pregnancy and birth outcomes for women involved in care proceedings in Wales: a linked data study

2020 ◽  
Vol 20 (1) ◽  
Author(s):  
L. J. Griffiths ◽  
R. D. Johnson ◽  
K. Broadhurst ◽  
S. Bedston ◽  
L. Cusworth ◽  
...  
Keyword(s):  
Maternal Health ◽  
Birth Outcomes ◽  
Linked Data ◽  
Comparison Group ◽  
Statistical Tests ◽  
Family Court ◽  
Maternity Services ◽  
Pregnancy And Birth Outcomes ◽  
Court Proceedings ◽  
Pregnancy And Birth

Abstract Background Under the Children Act 1989, local authorities in Wales, UK, can issue care proceedings if they are concerned about the welfare of a child, which can lead to removal of a child from parents. For mothers at risk of child removal, timely intervention during pregnancy may avert the need for this and improve maternal/fetal health; however, little is known about this specific population during the antenatal period. The study examined maternity characteristics of mothers whose infants were subject to care proceedings, with the aim of informing preventative interventions targeted at high risk mothers. Methods Anonymised administrative data from Cafcass Cymru, who provide child-focused advice and support for family court proceedings in Wales, were linked to population-based maternity and health records held within the Secure Anonymised Information Linkage Databank. Linked data were available for 1111 birth mothers of infants involved in care proceedings between 2015 and 2018. Findings were benchmarked with reference to an age-deprivation-matched comparison group (n = 23,414), not subject to care proceedings but accessing maternity services during this period. Demographic characteristics, maternal health, reproductive history, interaction with midwifery services, and pregnancy and birth outcomes were examined. Descriptive and statistical tests of independence were used. Results Half of the women in the cohort (49.4%) resided in the most deprived areas. They were more likely to be younger at entry to motherhood (63.5% < 21 years-of-age compared to 42.7% in the comparison group), to have mental health (28.6% compared to 8.2%) and substance use issues (10.4% compared to 0.6%) and to smoke (62.7% compared to 24.8%) during pregnancy. The majority first engaged with maternity services within their first trimester of pregnancy (63.5% compared to 84.4%). Babies were more likely to be born preterm (14.2% compared to 6.7%) and, for full-term babies, to have low birthweights (8.0% compared to 2.8%). Conclusion This novel linkage study highlights multiple vulnerabilities experienced by pregnant mothers who have experienced care proceedings concerning an infant. Policy and practice colleagues require a clearer picture of women’s needs if child protection and health services are to offer effective services which prevent the need for family court proceedings and infant removal.

Judicial Procedure Of Divorce & Khula In Pakitan :An-Analytical Study

2021 ◽  
Vol 21 (2) ◽  
Author(s):  
Dr .Syeda Sadia
Keyword(s):  
Analytical Study ◽  
Divorce Rate ◽  
Research Paper ◽  
Family Court ◽  
Familial Cases ◽  
The People ◽  
The Family ◽  
Court Proceedings ◽  
Judicial Procedure ◽  
Bare Bones

Family laws are an essence in  settling on and resolving all issues in any country and in this regard tangling disputes between spouses and issues of divorce and Khula are brought forth the courts so that these matters and issues can be resolve and sort out neutrally and fairly. The  court procedure has grave importance  for the finest  resolution of such sort of  issues and cases. Sometime, the matters and cases , which are brought forth the courts , turn into the worst situation and become more complicated than before due to an inadequate and  derisory procedure, Thus, judicial procedure related to the Divorce and Khula is  an immense perceptive and a sensitive matter. Moreover, the  amendments to the Muslim Family Laws of 2001 in actual  were aimed at dealing familial cases and matters promptly, resolve  all those familial cases which women have to confront, as well as to ensure the  protection of  their rights.  Under the sub- Section 4 of section 10 of the family court Act, October,  2005,  the people have been facilitated  by reducing to bare bones the procedure of  Divorce and Khula. According to the legal connoisseurs , the divorce rate has increased after these facilitating amendments and the situation is that the courts are sharing out  the divorce degrees like sweetmeats. While sometime, under such law the grievance of the  oppressed woman  comes forth. In such familial cases,  laws as well as  the procedure of the court proceedings is also a very delicate issue in which the rate of the divorce and Khula can significantly be reduced by doing some effective  changes and reforms. However, in this research paper , the analyses of the court procedure , regarding the issues of divorce and khula would be presented on.

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