A Systematic Approach to Domestic Abuse-Informed Child Custody Decision Making in Family Law Cases

2015 ◽  
Vol 53 (4) ◽  
pp. 565-577 ◽  
Author(s):  
Gabrielle Davis
2020 ◽  
Vol 28 (2) ◽  
pp. 449-479
Author(s):  
Sridevi Thambapillay

The Law Reform (Marriage and Divorce) Act 1976 (LRA) which was passed in 1976 and came into force on 1st March 1982, standardized the laws concerning non-Muslim family matters. Many family issues concerning non-Muslim have emerged ever since, the most important being the effects of unilateral conversion to Islam by one of the parties to the marriage. There has been a lot of public hue and cry for amendments to be made to the LRA. After much deliberation, the Malaysian Parliament finally passed the amendments to the LRA in October 2017, which came into force in December 2018. Although the amendments have addressed selected family law issues, the most important amendment on child custody in a unilateral conversion to Islam was dropped from the Bill at the last minute. Howsoever, at the end of the day, the real question that needs to be addressed is whether the amendments have resolved the major issues that have arisen over the past four decades? Hence, the purpose of this article is as follows: first, to examine the brief background to the passing of the LRA, secondly, to analyse the 2017 amendments, thirdly, to identify the weaknesses that still exist in the LRA, and finally, to suggest recommendations to overcome these weaknesses by comparing the Malaysian position with the Singaporean position. In conclusion, it is submitted that despite the recent amendments to the LRA, much needs to be done to overcome all the remaining issues that have still not been addressed.


2005 ◽  
Vol 11 (1) ◽  
pp. 133-166
Author(s):  
M. Iqbal

ABSTRACTIn the recent past life companies have made many decisions which they have had cause to deeply regret. This paper looks at the range of decision making theories available. It then examines recent examples of decisions that had unfavourable consequences and explores why they were taken, and goes on to describe a systematic approach to decision making which can help management assess more objectively the difficult choices confronting them today. The approach does not require espousal of any specific decision theory or method of value measurement. The focus is on the decision making process and the organisation's capacity to handle change. The paper identifies the three requirements for effective decision making.


Author(s):  
Carla C. Kunin ◽  
Ebbe B. Ebbesen ◽  
Vladimir J. Konečni

2021 ◽  
Vol 8 (1) ◽  
Author(s):  
Mohamad Faisal Aulia ◽  
Nur Afifah ◽  
Gilang Rizki Aji Putra

One of the crucial issues in family law in Indonesia that needs attention today is the issue of gender justice in family law, including post-divorce custody of children. This is due to the historical-empirical reality of family law that still places unequal status and roles between men and women. This article discusses how the provisions of child custody disputes in Islamic family law and how the legal provisions for post-divorce child custody have a gender perspective. Based on the above study it can be concluded; First, the legal provisions regarding child custody regulated in articles 105 and 156 are not gender responsive, this is because in determining that a person is given custody based on sex, not based on the aspects of morality, health, educating and caring for children, which in the end is for the realization of interests. the best boy. Second, aspects of morality, health, the ability to educate and care for children cannot be mastered and only owned by a certain gender, but all aspects can be owned by both men (fathers) and women (mothers).Kata Kunci: Hak Asuh Anak, Hukum Keluarga, Keadilan Gender


Legalities ◽  
2021 ◽  
Vol 1 (2) ◽  
pp. 187-209
Author(s):  
Man-chung Chiu

Since 2005, the Hong Kong Government has proposed to replace the concept of ‘parental rights’ with ‘parental responsibility’ in the legal machine controlling and regulating child custody in divorce cases. However, it has again reduced ‘children’ to a powerless position, arguing that it can positively protect the ‘best interests’ of children. In this article, the author suggests that only by de-ageing law can the unequal power relationship between children and adults be challenged, and hence, can – and will – children’s views and subjectivity be respected and constituted in family law proceedings.


Author(s):  
Heather Douglas

This chapter explores women’s interactions with judges when they appeared before them in relation to protection orders and child custody orders after experiencing intimate partner violence (IPV). Commonly women identified that judges prioritized physical violence and minimized other forms of abuse and that they seemed to align with abusers, discounting the women’s experiences of abuse. Women identified that judges often lacked preparation for hearings, rubber-stamped witness subpoenas, and failed to stop irrelevant witness examination. They explained how these approaches facilitated their partner’s misuse of the legal system as a tactic of abuse. Women also discussed how judges, especially in the family courts, prioritized fathers’ rights to contact with children over safety. However, women’s stories also demonstrated resistance to their abuser’s control over them through the courts, and their efforts to ensure the safety of their children regardless of court orders.


Family Law ◽  
2019 ◽  
pp. 199-289
Author(s):  
Joanna Miles ◽  
Rob George ◽  
Sonia Harris-Short

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses what the law can do directly to punish and rehabilitate perpetrators of domestic abuse and to protect victims. The chapter sets out the latest empirical data regarding domestic abuse and considers various theories regarding domestic violence. The chapter addresses the requirements of human rights law in this area; the criminal justice system and domestic violence; the civil law and domestic violence; the Family Law Act (FLA) 1996, Part 4; enforcement of orders under the FLA 1996; third party action on behalf of victims, including the Crime and Security Act 2010 and latest proposals to enhance such powers; and legal responses to forced marriage.


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