Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Thursday, October 18, 2018

Child Abduction

From The Guardian:

Three men and a woman have been accused of helping parents abduct their own children across Australia in contravention of family law orders.

Detectives say as part of a two-year investigation 10 missing children have been located with a parent who had abducted them.

“Five of these are believed to be linked to this group of people,” federal police assistant commissioner Debbie Platz said in a statement on Thursday.

Read more here

October 18, 2018 in Current Affairs, Custody (parenting plans), International, Resources - Children & the Law | Permalink | Comments (0)

Child Abduction

From The Guardian:

Three men and a woman have been accused of helping parents abduct their own children across Australia in contravention of family law orders.

Detectives say as part of a two-year investigation 10 missing children have been located with a parent who had abducted them.

“Five of these are believed to be linked to this group of people,” federal police assistant commissioner Debbie Platz said in a statement on Thursday.

Read more here

October 18, 2018 in Current Affairs, Custody (parenting plans), International, Resources - Children & the Law | Permalink | Comments (0)

Wednesday, October 17, 2018

Forced to choose between Family and Freedom!

From the Guardian:

United Nations body has taken the “extraordinary” step of calling on Australia to review its domestic laws in a ruling that it had breached multiple international human rights laws.

The ruling coincides with the Australian government being taken to the UN over alleged breaches of international law by indefinitely separating more than 60 members of 14 refugee families on Nauru.

The working group on arbitrary detention, established by the UN Commission on Human Rights in 1991 to report to the Human Rights Council, had examined the case of Edris Cheragi, an Iranian man and Christian convert who sought asylum in Australia.

Read more here

October 17, 2018 in International, Marriage (impediments), Resources - Civil Rights & Family Rights | Permalink | Comments (0)

Tuesday, October 16, 2018

UK Supreme court rules on right of unmarried mother to Widow's allowance

From The Guardian:

Denying the unmarried mother of four children a widowed parent’s allowance is illegal, the supreme court has ruled, in a decision that significantly extends the rights of unmarried couples.

By a majority of four to one, the court’s justices declared the government’s refusal to pay up to £117 a week in benefits breached the family’s human rights. It will put pressure on ministers to consider making urgent changes to the law.

The judgment follows a hearing earlier this year in Belfast where the court was told that withholding the allowance from Siobhan McLaughlin amounted to discrimination against all children born out of wedlock.

Read more here

 

October 16, 2018 in Cohabitation (live-ins), Current Affairs, International | Permalink | Comments (0)

Monday, October 15, 2018

Criminal Conviction for failure to pay Spousal and Child maintenance

From Times Live:

A top Durban businessman on Monday began serving an effective four and half years' prison sentence after being criminally convicted of failing to pay spousal and child maintenance.

Krugersdorp magistrate Abdul Khan also attached his assets‚ the sale of which will enable his ex-wife to recover the more than R1-million she is owed.

Legal experts said this was one of the toughest sentences they have heard of for a criminal contravention of the Maintenance Act - which are usually handled through alternative dispute resolution.

 

Read more here

October 15, 2018 in Child Support Enforcement, International, Maintenance (alimony) | Permalink | Comments (0)

Sunday, October 7, 2018

Poverty and Domestic Violence

From ABC Australia:

There's a simple reason Lynette stayed with her abusive partner for five long years: she had no other choice.

"I didn't have the financial means to leave," the mother of two young children said.

Lynette had no money of her own to fall back on and, with no job to rely on, had no income.

She also could not rely on assistance from the Government.

"I tried to leave about six times, but the problem was, when I went in to Centrelink, it takes six to eight weeks for payment to come through."

Read more here.

October 7, 2018 in Domestic Violence, International | Permalink | Comments (0)

Saturday, October 6, 2018

Canada's 'Use-It-Or-Lose-It' Parental Leave Comes Three Months Early

From iPolitics:

Soon-to-be-parents will be able to access extra weeks of leave three months earlier than expected.

This year’s federal budget announced additional weeks of “use-it-or-lose-it” leave for non-birthing parents.

The federal government initially set June 2019 as the start date — but now the Liberals say parents can become eligible for the extra weeks in mid-March.

Only parents whose children are born or adopted after March 17 will be able to take advantage of the additional weeks.

Read more here.

October 6, 2018 in Current Affairs, International, Paternity | Permalink | Comments (0)

Saturday, September 29, 2018

Indian Supreme Court takes a stand against Honour crimes

From the Indian Jurist:

The Supreme Court has rendered a landmark judgment in the case of Shakti Vahini v Union of India and others on March 27, 2018 whereby it held that the right of adult individuals to choose their life partners was above class honour and that it was illegal for khap panchayats to summon and punish couples for this. The Apex Court categorically ruled that any attempt by khap panchayats or any other assembly to scuttle or prevent two consenting adults from marrying is absolutely “illegal”. It also ordered that such activities of khap panchayats “are to be stopped in entirety” and called upon Parliament to come up with a suitable legislation. It also laid down “preventive, remedial and punitive” measures.

Read more here

September 29, 2018 in Current Affairs, International, Marriage (impediments) | Permalink | Comments (0)

Thursday, September 27, 2018

India nullifies Adultery Law

From CNN:

India's top court has abolished a colonial-era law criminalizing extramarital sex, in a landmark ruling campaigners have hailed as a victory for women's rights.

Under the 158-year-old adultery law, known as Section 497, a man could be imprisoned for up to five years for engaging in sexual relations with a married woman without the consent of her husband.
The Supreme Court struck down the law Thursday, ruling it retrograde and discriminatory toward women.
 
Read more here

 

September 27, 2018 in Current Affairs, International, Marriage (impediments) | Permalink | Comments (0)

Tuesday, September 25, 2018

Court rules chemical castration for convicted paedophile

From The Mirror:

A paedophile in Kazakhtan is set to be the first in the country to be chemically castrated.

It comes months after a new law was passed permitting the method as punishment for paedophilia.

The unnamed man from the Turkestan region is to undergo an injection supervised by the country’s health ministry, officials announced.

President of Kazakhstan, Nursultan Nazarbayev, has allocated £20,500 for some 2,000 injections on men who commit child sex attacks this year.

Read more here

September 25, 2018 in Child Abuse, International | Permalink | Comments (0)

Monday, September 24, 2018

Incest Clan

From The Mirror:

A woman with four inbred children was found living with her brother after police tracked her down and arrested her, a court has heard.

Martha Colt is a member of an infamous Australian family accused of revolting crimes including four generations of incest on a squalid farm.

She was still living with her brother Charlie Colt, 45 - whom she reportedly once slept with in a 'marital bed' - when she was arrested in April.

Read more here

September 24, 2018 in Current Affairs, International | Permalink | Comments (0)

Monday, September 10, 2018

Couples Will No Longer Have To Prove Blame (UK)

From The Telegraph:

Couples will be allowed no-fault divorces in the first major change to UK marriage laws for 50 years.

David Gauke, the Justice Secretary, wants to abolish the current system of fault-based divorce and will announce a consultation on the matter as the first stage in the process of passing legislation.

Under a simplified system, spouses would lose the ability to block a divorce as there would be no need for their husband or wife to prove adultery, unreasonable behaviour or desertion in a contested divorce.

It comes weeks after the Supreme Court ordered a wife to stay in her “loveless” marriage after her husband of 40 years denied that he had behaved unreasonably.

Read more here.

 
 

September 10, 2018 in Divorce (grounds), International | Permalink | Comments (0)

Sunday, September 9, 2018

How Canada's Abortion Policies Work

From HuffPost Canada:

Some Canadians don't seem to have a firm grasp on how abortion regulationsfunction in our country. Given that a vote on whether or not to reopen the abortion debate was only narrowly defeated at the Conservative convention in Halifax this weekend, and that anti-abortion groups are celebrating, it seems like a topic we should all be more informed about.

Enter Dr. Jen Gunter, a practicing gynecologist and professional thorn in Gwyneth Paltrow's side, who took to Twitter to let us all know how abortion actually happens in our country.

As Gunter explained in her Twitter thread, late-term abortions — which anti-abortion activists sometimes refer to as "partial birth abortions" — are extremely rare. The most recent statistics available from the Canadian Institute for Health Information, from 2016, state that only 616 of the nearly 23,000 abortions performed in Canada that year took place after 20 weeks — approximately 2.7 per cent. As Gunter points out, this generally occurs only because of a direct threat to the mother's life or a very serious birth defect detected in the infant. Gunter says risk factors include anencephaly, where a baby is missing parts of the brain and skull and usually dies shortly after birth; and Trisomy 18, a genetic disorder that often involves heart defects and severe intellectual disability, which kills nearly 90 per cent of infants before their first birthday.

Read more here.

 

September 9, 2018 in Abortion, International | Permalink | Comments (0)

Saturday, September 8, 2018

Sexism Furore

From BBC News:

The head of South Africa's civil engineering institution (Saice) has been sacked after he wrote that few women take up the profession because they are "more predisposed to caring".

Manglin Pillay said that women preferred to "raise children than to be at the beck and call of shareholders".

He later apologised but Saice said it had terminated his contract due concern from its members.

Read more here

September 8, 2018 in Current Affairs, International | Permalink | Comments (0)

Tunisian President Seeks Equal Inheritance Rights for Women

From Africa News:

Tunisian President Beji Caid Essebsi on Monday announced his support for a bill that will ensure that men and women have equal rights to inheritance.

The draft inheritance equality bill has sparked controversy as it departs from a principle inspired by the Koran in many Arab countries.

In a televised speech to mark Tunisian women’s day, Essebsi said the law would allow the testator the possibility “to either apply the Constitution or choose freedom’‘.

‘‘I propose to make equality in inheritance a law.God willing, Mr. President [of the Tunisian Parliament], when this law comes to you, you will look at it with an open mind because it is a project for the future, for the future of Tunisia and I hope it will unite [people] “, Essebsi said.

Read more here.

September 8, 2018 in Current Affairs, International, Property Division | Permalink | Comments (0)

Friday, September 7, 2018

China Paves Way to End Two-Child Policy

From The Telegraph:

China, the world's most populous nation, appears to be setting the stage to end its decades-long policy of determining the number of children that couples can have, a social media post by a state-run newspaper suggested.

All content on family planning has been dropped in a draft civil code being deliberated by top lawmakers on Monday, the Procuratorate Daily wrote in a post on its Weibo account.

China has loosened its family planning policy as its population greys, birth rates slow and its workforce declines. In 2016, the government allowed couples in urban areas to have two children, replacing a one-child policy enforced since 1979.

Read more here.

September 7, 2018 in Current Affairs, International | Permalink | Comments (0)

Thursday, September 6, 2018

Australia: Family Law Act Gives Grandparents Rights

From Lexology:

Grandparents are playing a greater role in many families, often due to the high cost of childcare and increasing rates of divorce. But what happens when a grandparent is refused time with their grandchild or wishes to assume full care of a child? What are grandparents’ rights in these circumstances?

The Family Law Act 1975 (the Act) recognises that significant persons in a child’s life (such as grandparents) have a right to a meaningful relationship with that child, and in certain circumstances may seek parenting orders through the Family Court.

A grandparent may seek an order:

  • to spend regular time with the child, usually sought where parents have refused the grandparent any involvement with the child. Whether this will be granted depends on the circumstances, however the Court will generally award the grandparent less time than may be ordinarily awarded to a parent.
  • for the primary care of the child, typically sought where parents may be unwilling or unable to care for the child. An order for a child to live with a grandparent (and for that grandparent to have sole parental responsibility for them) places them in an equivalent role to a parent and allows that person to make decisions for the child without the need to consult the parents.

Read more here.

September 6, 2018 in International, Visitation | Permalink | Comments (0)

Wednesday, September 5, 2018

A call for review of Zimbabwe's "Termination of Pregnancy Act"

From The Times Live, South Africa:

When her 15-year-old daughter fell pregnant last year, Irene Ndlovu secretly arranged for an abortion before the pregnancy became visible so that she could continue with her education.

Abortions are only allowed in Zimbabwe if a woman’s life is in danger, if there is a risk that the child will be “seriously handicapped” or if the pregnancy was the result of rape or incest. Those who break the law can be jailed for five years.

“It was the only sensible thing to do at the time,” Ndlovu, who declined to give her real name, told the Thomson Reuters Foundation. “Do I regret it now? I don’t know.”

Read more here

 

September 5, 2018 in Abortion, International | Permalink | Comments (0)

Monday, September 3, 2018

Surrogacy and Thorny Issues of Identity, Parenthood and Status in Modern Families

From Lexis Nexis:

AB v CD and others [2018] EWHC 1590 (Fam) illustrates how the needs of modern families formed through assisted conception and surrogacy continue to challenge and outpace the law. Louisa Ghevaert and Richard Jones analyse the case in the September issue of Family Law ([2018] Fam Law 1187).

On one level, the case focused on disputes about arrangements for the children’s upbringing, including exercise of parental responsibility and contact. However, at the heart of this case were fundamental issues about the legal identity and status of the parents and children because the biological intended parents had not applied for parental orders.

This case marked the first time the court had to deal with a situation whereby a family created through surrogacy encountered serious domestic violence, marital breakdown, divorce and remarriage forming a new blended family.

Read more here.

September 3, 2018 in Alternative Reproduction, Custody (parenting plans), International | Permalink | Comments (0)

Sunday, August 26, 2018

Mandatory Paternity Leave for Hongkongers A Mistake

From South China Morning Post:

A pro-establishment lawmaker representing catering sector employers continued to oppose a Hong Kong government proposal to increase statutory paternity leave from three days to five, claiming the benefit itself should not even exist, as demands for more would be “never-ending”.

Tommy Cheung Yu-yan, an executive councillor and chairman of the business-friendly Liberal Party, said on Thursday that the granting of paternity leave should be left to the employer’s discretion rather than being a statutory right, as the city had a “severe shortage of workers”.

“Every year, it’s like this. When the government proposes to add two days, labour unions and lawmakers demand more meat on the bone,” he said on a radio programme. “Some will want seven days, others will call for 10.”

Read more here.

August 26, 2018 in International, Paternity | Permalink | Comments (0)