Family Law Prof Blog

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

Friday, April 12, 2019

Brazilian Twin Brothers Forced to Pay Child Support After Inconclusive Paternity Test

From Fox News:

Twin brothers in Brazil are being forced to each pay child support after a paternity test was unable to confirm who the father of a newborn baby is.

The identical twins refused to admit who the father of the baby girl was in an attempt to avoid making support payments. After additional DNA testing was done and returned inconclusive, a judge made the decision to hold them both accountable for supporting the child.

The brothers, whose identities remain anonymous, have been using their physical similarities to trick women into thinking they were the other person.

“They each used the other’s name, either to attract as many women as possible or to hide betrayal in their relationships,” the ruling judge wrote in a statement.

Read more here.

April 12, 2019 in Child Support (establishing), Child Support Enforcement, International, Paternity | Permalink | Comments (0)

Wednesday, April 10, 2019

Switzerland Ranked #1 for Women's Rights

From World Economic Forum:

Switzerland, which promotes equality at home and in the workplace, has been ranked the best country for women's rights, the Organisation for Economic Co-operation and Development (OECD) said in a report on Friday.

Denmark, Sweden, France and Portugal were the next best-performing countries, according to an index that ranked 120 nations on how they tackled discrimination against women through their laws and political reforms.

Meanwhile, Guinea, Jordan, Iran, Pakistan and Yemen came out at the bottom of the OECD's Social Institutions and Gender Index, released to mark International Women's Day.

Read more here.

April 10, 2019 in International | Permalink | Comments (0)

Tuesday, April 2, 2019

UK Judge Says Men have a "Fundamental Human Right" to Sex with their Wives

From The Guardian:

A row has erupted after a judge spoke in court about the “fundamental human right” of a man to have sex with his wife.

The remark was made by Mr Justice Hayden, who had been asked to consider imposing a court order preventing a man from having sex with his wife of 20 years because she may no longer be able to give her consent.

The case had been brought to the court of protection, which considers cases where people lack the mental capacity to make their own decisions, by lawyers for a council’s social services after the condition of the woman, who has learning difficulties, began to deteriorate.

Read more here.

April 2, 2019 in Current Affairs, International, Marriage (impediments) | Permalink | Comments (0)

Friday, March 22, 2019

Women Take to the Streets of Pakistan to Rewrite Their Place in History

From The Guardian:

During Jalwat Ali’s school days in Lahore, there were limited spaces to gather with other women, never mind flood the streets with punchy placards.

Public spaces often feel constricted in Pakistan, as though under critical male scrutiny. But over the past few days, Ali has been recruiting dozens of women, from garment workers to domestic helpers who barely get a day off. “To solve any problem, we need to make a collective effort,” she says.

On Friday, a series of International Women’s Day marches will be held in several Pakistani cities, calling for women’s place in society to be rewritten.

Organisers hope the aurat march (“women’s march”) and aurat azadi march(“women’s liberation march”) will bring a cross-section of society on to the streets to draw attention to the struggle for reproductive, economic, and social justice across Pakistan. The marchers will be protesting against sexual harassment in the workplace, child marriage, “honour killings”, wage inequalities and limited political representation.

Read more here.

March 22, 2019 in Domestic Violence, International, Religion | Permalink | Comments (0)

Sunday, March 17, 2019

Australian High Court to Determine Legal Parentage of a Child Born via Sperm Donation

From The Conversation:

The family courts have historically treated legal parentage as a question of who has “begotten or borne” a child. But increasingly complex family situations created as a result of donor conception, surrogacy, IVF and DNA testing are sorely testing this biblical-sounding definition.

In 2019, the Australian High Court will be hearing the appeal concerning the legal parentage of a child born via sperm donation. This is a crucial opportunity for the court to reconsider the “begotten or borne” definition, and the emphasis currently placed on biology and how someone was conceived.

Read more here.

 

March 17, 2019 in Alternative Reproduction, International | Permalink | Comments (0)

Saturday, March 16, 2019

Lawmakers Call For Overhaul of China's Family Planning Policy

From Reuters:

Delegates to China’s parliament are urging the overhaul or even scrapping of controversial family planning rules and say radical steps are needed to “liberate fertility” and reverse a decline in births and a rapidly shrinking workforce.

With its population ageing as a result of longer lifespans and a dwindling number of children, the world’s most populous nation decided in 2016 to allow all couples to have a second child, relaxing a tough one-child policy in place since 1978.

But birth rates plummeted for the second consecutive year last year. Policymakers now fret about the impact a long-term decline in births will have on the economy and its strained health and social services.

Read more here.

March 16, 2019 in Current Affairs, International | Permalink | Comments (0)

Saturday, March 2, 2019

Sierra Leone President Declares Rape a National Emergency

From CNN:

Sierra Leone President Julius Maada Bio has declared rape and sexual violence a "national emergency," following a series of cases involving minors in the country.

Bio said those found guilty of raping minors could face life imprisonment and directed all public hospitals to provide free medical services for victims of sexual assault.

"As a nation, we must address this scourge. Sexual penetration of minors is punishable by life imprisonment," Bio said on Thursday while speaking at the State House in the capital, Freetown.

The announcement comes amid calls by activists and Sierra Leone's First Lady Fatima Bio for stricter punishment for perpetrators of sexual violence.

Read more here.

March 2, 2019 in Current Affairs, International | Permalink | Comments (0)

Monday, February 18, 2019

UK Member of Parliament Stops Proposed Female Genital Mutilation Law

From The Guardian:

The Conservative MP Christopher Chope, who gained notoriety after he blocked a bill to make upskirting a criminal offence, has used the same parliamentary tactic to halt a planned law making it easier to protect girls from female genital mutilation (FGM).

The Tory backbencher shouted “object!” when the bill was presented to the Commons for its second reading.

Under Commons procedure, a series of such bills are read out at the end of business without debate, and pass to the next stage only if no MP present verbally objects. If they do, the bill has to be presented again for second reading, in this case on 15 March.

Read more here.

 

February 18, 2019 in Current Affairs, International | Permalink | Comments (0)

Saturday, February 9, 2019

UK Lawmakers Push to Include Financial Abuse in Domestic Violence Law

From PRI.org:

The thing Anna remembers most about her 14-year marriage is being broke all the time.

Despite working three jobs for more than 60 hours a week, all of her money went to pay for the utility bills, child care, food and repairs to the house she and her husband owned together just outside London.

It was never enough. Her husband didn’t help financially. Instead, he took out credit cards to go on expensive weekend getaways — without her or their three children.

Anna is a pseudonym — to protect her identity. She says her husband refused to provide for childcare because he thought it was her responsibility as the mother.

Read more here.

February 9, 2019 in Domestic Violence, International | Permalink | Comments (0)

Friday, February 1, 2019

Parents' Protest against Teaching about LGBT Rights in UK School

From BBC News:

Some parents at Parkfield Community School in Birmingham claim the teachings contradict the Islamic faith.

Mariam Ahmed, whose daughter attends the school, has organised a petition against the "No Outsiders" project.

The school said it aimed to educate children so they were able to accept differences in society.

Ms Ahmed said: "Sorry at this age it's totally wrong. Children at this age don't even know if they are coming or going, let alone knowing what sexual orientation they will become."

Asma and Mohammed Jdaitawi added: "It's good to teach children about respect and values but the sexual orientation aspect is against our principles."

Read more here.

February 1, 2019 in Current Affairs, International | Permalink | Comments (0)

Thursday, January 17, 2019

Gay Singaporean Man Can Adopt Son Born Via Surrogacy

From CNN:

A gay Singaporean doctor has won the right to adopt a child he fathered in the United States through a surrogate, in a landmark ruling for the socially conservative country.

On Monday, Singapore's High Court overturned a 2017 ruling in which a district judge said the man could not legally adopt the child because he was conceived through in vitro fertilization -- a process limited to heterosexual married couples in Singapore -- and brought to term through surrogacy, which is technically banned.

Under Singapore law, children born out of wedlock are considered illegitimate and do not have the same rights as those born to married couples, unless legally adopted.

Read more here.

January 17, 2019 in Current Affairs, International, Paternity | Permalink | Comments (0)

Tuesday, January 15, 2019

Millions of Women in India Join Hands to Form 385-Mile Wall of Protest

From NPR:

It was 3 p.m. on New Year's Day when Rakhee Madhavan, a 39-year-old teacher living in Kochi in the southern Indian state of Kerala, decided that she wanted to begin 2019 by doing something meaningful.

So Madhavan, who was visiting her hometown of Mullukkara 60 miles away for the holidays, boarded a bus there that was brimming with women. One hour later, she was part of what is reportedly the largest public gathering of women for the cause of gender equality in India.

They called it the "women's wall" — vanitha mathil in the local language of Malayalam.

According to government estimates published in the Indian press, somewhere between 3.5 million and 5 million women lined up on National Highway 66, a long stretch of road that runs along the country's western coast. The "wall" stretched out 385 miles. Organizers said it was a continuous chain from one end of the state to the other, but some critics say there were gaps.

Read more here.

January 15, 2019 in International, Religion | Permalink | Comments (0)

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)