Family Law Prof Blog

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

Wednesday, July 17, 2019

Netherland’s Tax System Punishment of Families

From Mercatornet:

The Netherlands often prides itself on equality and tolerance, yet, written into the Dutch tax code are profound inequalities that place significantly heavier tax burdens on families with a stay-at-home parent.

In the Netherlands, a traditional family with a sole breadwinner and a stay-at-home mom may be required to pay as much as 557 percent more in taxes than a household with the same income where both spouses work—simply because one of the two parents does not earn wages.

Read more here.

July 17, 2019 in International, Marriage (impediments) | Permalink | Comments (0)

Thursday, June 27, 2019

British Court Invalidates Ruling Forcing Mentally Challenged Pregnant Woman to have an Abortion

From National Review:

A British appeals court on Monday reversed a previous ruling that would have forced a mentally disabled woman to abort her child against both her wishes and those of her mother.

Justice Nathalie Lieven ruled Friday that an unidentified London woman, who is in her twenties but is said by the court to have the mental capacity of a six-to-nine-year-old child, must abort her 22-week-old unborn baby on the grounds that carrying the child to term would damage her mental health.

Read more here.

June 27, 2019 in Abortion, International | Permalink | Comments (0)

Sunday, June 16, 2019

UK Police Blunt Knives Plan to Tackle Domestic Violence

From Nottinghampost News:

Victims of domestic violence will have their kitchen knives replaced with blunt utensils to prevent their partners attacking them in their own home.

Nottinghamshire Police are piloting the scheme where around 100 'no point' knives will be handed to victims who have either been threatened or attacked with a knife.

Police are concerned about the high level of knife-related incidents that happen in the home, and are hoping the new scheme has the potential to save lives.
 
Read more here.

June 16, 2019 in Domestic Violence, International | Permalink | Comments (0)

Wednesday, June 12, 2019

Botswana High Court Decriminalizes Homosexuality

From NPR News:

Botswana's high court has thrown out a colonial-era law that criminalized same-sex relations in a landmark ruling lauded by activists. People who broke the law had faced the threat of a seven-year prison sentence.

The case was brought by a young activist who said Botswana's society had changed since sections of the country's penal code were enacted, banning the "carnal knowledge of any person against the order of nature." On Tuesday, the court agreed.

Read more here.

June 12, 2019 in International | Permalink | Comments (0)

Thursday, June 6, 2019

German LGBT's Fight for Right to a Family

From Reuters:

When German IT professional Sarah Kinzebach had her first child, it took six months of lengthy checks for her female partner to be legally recognized as a co-parent. Had her partner been a man, it would have happened automatically.

Germany recognized same-sex relationships in 2001, granting couples greater rights on inheritance, tax and other benefits, and legalized same-sex marriage in 2017 despite stiff opposition from conservative politicians and the Catholic church.

Read more here.

 

June 6, 2019 in Alternative Reproduction, International | Permalink | Comments (0)

Wednesday, June 5, 2019

Proposed Bill in Japan to Ban Parents from Physically Punishing Children

From The Japan Times:

A bill banning parents and guardians from physically punishing children is set to pass the Diet during the current session, after the ruling and opposition parties agreed on some modifications, lawmakers have said.

The bill is more or less the same as the original one submitted by the government. But it has been modified and will also urge local governments and child welfare centers to offer guidance to parents who have abused children, based on medical and psychological expertise, to prevent the abuse from happening again.

Read more here.

June 5, 2019 in Child Abuse, International, Termination of Parental Rights | Permalink | Comments (0)

Friday, May 17, 2019

Taiwan Becomes First Asian Country to Legalize Same Sex Marriage

From BBC News:

Taiwan's parliament has become the first in Asia to legalise same-sex marriage following a vote on Friday.

In 2017, the island's constitutional court ruled that same-sex couples had the right to legally marry.

Parliament was given a two-year deadline and was required to pass the changes by 24 May.

Lawmakers debated three different bills to legalise same-sex unions and the government's bill, the most progressive of the three, was passed.

Read more here.

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

Thursday, May 16, 2019

Belgium Ex-King may be Fined for DNA Test Refusal

From BBC News:

A Belgian appeals court has ruled that former King Albert II is to be fined €5,000 (£4,370) a day if he refuses to undergo a DNA test.

In February, he refused to undergo such a test in a case aimed at proving he fathered a love child in the 1960s.

A court in Brussels ordered the 84-year-old ex-monarch to provide a saliva sample in three months or risk being presumed to be the father of Delphine Boël, 50.

The ex-king denies the paternity claim.

Read more here.

May 16, 2019 in International, Paternity | Permalink | Comments (1)

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)