Family Law Prof Blog

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

Wednesday, November 7, 2018

Ethiopia moves towards Gender Equality as it appoints its first female president

From CNN News:

Ethiopia's parliament has appointed the country's first female president, Sahle-Work Zewde, in a move hailed as setting a new standard for women in the East African nation, the Prime Minister's chief of staff announced Thursday.

Sahle-Work, 69, has served since June as the United Nation's special representative to the African Union as an under-secretary-general. She also has held top diplomatic posts representing Ethiopia in France and Djibouti.
 
Sahle-Work replaces Mulatu Teshome, who resigned the presidency Wednesday.
 
Read more here

November 7, 2018 in International | Permalink | Comments (0)

Tuesday, November 6, 2018

Britain's Supreme Court ruling on Bakery's refusal to bake Gay-marriage cake

 

From The New York Times:

Britain’s Supreme Court supported on Wednesday the right of a Belfast bakery to refuse to bake a cake with a message supporting same-sex marriage, finding that its Christian owners could not be compelled to reproduce a message contrary to their beliefs.

Although the person who requested the cake was gay, a five-judge panel found that the bakery owners’ refusal was based not on his sexual orientation, but on their Protestant faith’s opposition to gay marriage.

“There was no discrimination on grounds of sexual orientation,” said the judgment, which overturned the rulings of two lower courts.

Read more here

November 6, 2018 in Current Affairs, International, Marriage (impediments) | Permalink | Comments (0)

Wednesday, October 24, 2018

India Supreme Court Decriminalizes Adultery

From NPR:

India's Supreme Court has struck down a colonial-era law that made adultery illegal, calling it arbitrary and saying it is unconstitutional because it "treats a husband as the master."

Section 497 of the Indian Penal Code makes it a crime for a man to have intercourse with another man's wife "without the consent or connivance of that man."

The law gives a husband exclusive right to prosecute his wife's lover — and does not grant a wife power to do the same. It does not penalize the woman, nor any married man who has sex with an unmarried woman.

Read more here.

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

Tuesday, October 23, 2018

Why Prince Harry and Meghan Won't Have Full Custody

From Country Living:

Juggling the complicated protocol of the royal family is always going to be difficult. As Meghan Markle has learned since she first began dating Prince Harry, there’s rules and expectations for all aspects of life. But if you thought that the leg crossing and wardrobe choices were confusing enough, just wait until you hear how things work when it comes to having children-especially now that Meghan Markle is expecting their first child next spring.

According to reports, the royal family operates with a strange custody agreement when its couples have their own children, which states that, actually, Her Majesty Queen Elizabeth II has full legal custody over the young royals. Royal expert Marlene Koenig explained to news outlets: “The sovereign has legal custody of the minor grandchildren.”

Confused? It’s a seriously backdated regulation, as Koenig continued: “This goes back to King George I [who ruled in the early 1700s], and the law’s never been changed. He did it because he had a very poor relationship with his son, the future King George II, so they had this law passed that meant the King was the guardian of his grandchildren.”

Read more here.

 

October 23, 2018 in Current Affairs, Custody (parenting plans), International | Permalink | Comments (0)

Friday, October 19, 2018

Exploitation of Non-molestation Order!

From The Guardian:

The number of non-molestation orders – issued by courts to prevent domestic abuse – has rocketed by 37% over the past five years because they are being exploited to secure legal aid, according to the charity Families Needs Fathers.

The “weaponisation” of court procedures by “angry and vengeful parents” is encouraging false allegations and fuelling conflict between separating couples, the head of the organisation has claimed.

The figures are based on the latest quarterly statistics produced by the Ministry of Justice. Since 2013, when the Legal Aid, Sentencing and Punishment of Offenders Act (Laspo) came into force the number of non-molestation orders issued by English and Welsh courts has increased from fewer than 20,000 to more than 26,000 a year.

Read more here

October 19, 2018 in Domestic Violence, International | Permalink | Comments (0)

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)

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)