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)

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)

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)

Friday, October 5, 2018

California Pets with Divorcing Owners Score Legal Win

From The San Diego Union-Tribune:

Who gets the family pet in a divorce?

It depends on many factors, including what state the owners live in, but California just began a new era for how dogs, cats and other pets with a new law that will take affect in 2019. Passed on Thursday, it makes sure pets are seen as more than just property when it come time to split up assets in a divorce.

Assembly Bill 2274, written by Assemblyman Bill Quirk, D-Hayward, will ensure care of a pet is taken into consideration both while divorce proceedings are underway and after they’re made official.

With the new law, a person can petition the court for sole or joint ownership based on care of the pet, which is defined to include “prevention of acts of harm or cruelty” and “the provision of food, water, veterinary care and safe and protected shelter.”

Read more here.

 

October 5, 2018 in Current Affairs, Divorce (grounds) | Permalink | Comments (0)

Tuesday, October 2, 2018

U.S. Has Highest Maternal Mortality Rate in Industrialized World

From Refinery 29:

The U.S. has the highest maternal mortality rate in the industrialized world, and most of the deaths are completely preventable. On top of that, Black women die at up to four times the rate of white women due to racism in the healthcare industry.

This week, Sens. Kirsten Gillibrand and Kamala Harris introduced a pair of bills aimed at preventing negligence in hospitals that results in deaths and medical complications, and fixing the tragic racial disparity in how many women die before, during, and after childbirth. The bills, called Modernizing Obstetric Medicine Standards (MOMS) and Maternal Care Access and Reducing Emergencies (CARE), are meant to complement each other.

"Hospitals have struggled under a lack of funding for a long time and the MOMS Act helps them because it would provide funding and get the data so we can understand the depth of the problem," Sen. Gillibrand told Refinery29 in an interview.

Read more here.

October 2, 2018 in Current Affairs | Permalink | Comments (0)

Monday, October 1, 2018

Alabama Leads Nation in Infant Mortality

From WRBL.com:

Alabama leads the nation when it comes to infant mortality, and the governor's office is committing one million dollars in the month of October, aiming to reduce the infant mortality rate in the state.

The most recent data on infant mortality available from the CDC looks at the year of 2016. The data  shows that 537 babies died in Alabama in 2016 before their first birthday. 

This sight is often too familiar to families, especially mothers who've dealt with the loss of a baby after a live birth.

"Keep God first, because if you don't have God you don't have nothing," said Lequita Williams. 

It's their strong faith, the Williams family is leaning on after the death of their precious baby boy.  

"I didn't know that he had a birth defect until they told me. His heart tube didn't develop all the way," said Lequita Williams. 

Read more here.

October 1, 2018 in Current Affairs | 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)

Wednesday, September 26, 2018

Bill Cosby sentenced to 3 to 10 years in prison for 2004 Sexual assault

From CNN:

Bill Cosby, once known as "America's Dad," was sentenced Tuesday to three to 10 years in a state prison for drugging and sexually assaulting Andrea Constand at his home 14 years ago.

Cosby's bail was revoked and he was escorted from the courthouse in handcuffs.
"This was a serious crime," Montgomery County, Pennsylvania, Judge Steven O'Neill said. "Mr. Cosby, this has all circled back to you. The day has come, the time has come."
 
Read more here

September 26, 2018 in Child Abuse, Current Affairs | 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)

Wednesday, September 12, 2018

Are "Swipe Left" Dating Apps Bad For Our Mental Health?

From BBC News:

Dating apps have taken the world by storm, but has the trend for swiping right or left to like or reject potential matches contributed to many people's unhappiness and low self-esteem?

Following the end of her last relationship, Kirsty Finlayson, 28, did what many people do - she turned to dating apps to find love.

But the incessant swiping and the stream of small-talk conversations that soon fizzle out left her feeling dejected.

Read more here.

September 12, 2018 in Current Affairs, Web/Tech | Permalink | Comments (0)

Tuesday, September 11, 2018

Oklahoma School Shuts Down After Parents Threaten Transgender 7th Grader

From Time:

A school district in southern Oklahoma was forced to shut down for two days after parents used a Facebook group to threaten violence against a transgender seventh-grade student.

Superintendent Rick Beene closed Achille Public Schools on Monday and Tuesday after parents posted claims on a Facebook group “Achille ISD Parents Group” that the student, who identifies as a girl, was looking over the stalls in the girls’ bathroom.

“Heads up parents of 5th through 7th grade,” parent Jamie Crenshaw said in a now-deleted post. “The transgender is already using the girls bathroom. We have been told how the school has gone above and beyond to make sure he has his own restroom yet he is still using the girls. REALLY… Looks like its going to be a long year.”

Read more here.

September 11, 2018 in Child Abuse, Current Affairs | 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

Best Interest of Migrant Children

From CNN:

The Trump administration said Thursday it will seek to keep some undocumented immigrant children in detention for far longer than currently allowed, a move that would have sweeping implications for the families and for the immigration detention system.

The move comes on the heels of the administration's decision this spring to separate families at the border as part of its "zero tolerance" prosecution policy, which resulted in more than 2,500 children being separated from their parents for weeks to months at a time.
 
Read more here

September 6, 2018 in Current Affairs, Resources - Civil Rights & Family Rights | Permalink | Comments (0)

Wednesday, September 5, 2018

Aretha Franklin Died Without A Will

From The New York Times:

Aretha Franklin left no will when she died last week at the age of 76, according to documents filed on Tuesday in a Michigan court, which could result in details of her personal finances being made public.

In documents filed with the Oakland County probate court, Ms. Franklin’s sons — Clarence, Edward and KeCalf Franklin, and Ted White Jr. — listed themselves as “interested parties.” One document, signed by KeCalf Franklin, checked a box indicating that “the decedent died intestate,” or without a will.

The sons also nominated Sabrina Owens, a niece of Ms. Franklin, to be the estate’s personal representative, a role similar to that of an executor.

David Bennett, a lawyer representing Ms. Franklin’s estate, did not respond to requests for comment.

Read more here.

September 5, 2018 in Current Affairs | Permalink | Comments (0)

Saturday, August 25, 2018

Indiana Judge to Hear Appeal for Proposed Abortion Clinic

From U.S. News:

A federal judge will hold a two-day hearing this week on a Texas-based group's appeal of Indiana officials' rejection of its application to open an abortion clinic in South Bend.

The South Bend Tribune reports that Indianapolis judge Clare Deitchman will determine Wednesday and Thursday whether to grant Whole Woman's Health Alliance's appeal after the state Department of Health denied the group's application for an abortion clinic license in January.

The nonprofit is challenging the Health Department's conclusion that it failed to meet requirements of having "reputable and responsible character" and didn't disclose necessary information on its application.

If the appeal is granted, the group would open the clinic to offer medication-induced abortions to women up to 10 weeks pregnant. Nonprofit founder Amy Hagstrom Miller was not available for comment.

Read more here.

August 25, 2018 in Abortion, Current Affairs | Permalink | Comments (0)

Thursday, August 23, 2018

Colorado Family Struggled With Debt Before Murders

From CNN:

Chris and Shanann Watts detailed their life on social media. They shared photos of beach vacations to San Diego and screengrabs of lovey-dovey text messages. They gushed about their daughters and posted photos of the little girls' gap-toothed grins and funny dances.

"Happy Husband Appreciation Day! I couldn't imagine a better man for us," Shanann Watts wrote next to their photo in April.

"You spoil us with love an(d) attention! You put up with 3 impatient, demanding women in the house," she continued. "You work so hard everyday to provide for us. I love you so much."

Four months after Shanann Watts posted that photo, her husband sits in a jail in Colorado, suspected of killing her, along with their daughters, Bella, 4, and Celeste, 3.

Read more here.

August 23, 2018 in Bankruptcy, Current Affairs, Domestic Violence | Permalink | Comments (0)