The family courts have become deeply muddled in seeking to repair parent–child relationships that go significantly beyond making custody and parenting orders by ordering children and the non‐aligned parent to participate in reunification therapy. Absent guidelines on the scope of court‐ordered reunification therapy or resources supporting these programs, we have a wild west of judges making vague and overbroad orders that are often overturned as being contrary to the children's best interest. This Note intends to recommend statutory criteria and model proposed orders when reunification therapy is ordered to promote better and safer outcomes for families.
This Comment on the three articles in this Special Feature offers some key insights from this interesting line of inquiry on children's transitions between homes after parental separation. Anecdotal evidence abounds on stories of where children are caught in the crossfire of their parents’ conflict during transitions. Yet empirical data are sparse, and the issue of children's transitions between homes appears to have attracted little detailed discussion by family law and mental health professionals, especially in the crafting of parenting plans. So often what seems to occur in the margins of post‐separation family life can shed light on the inner dynamics of family relationships and the inner worlds of children. The articles in this Special Feature have changed much of my thinking about this little discussed but important aspect of children's lives. The ideas are both conceptually intriguing and practically inviting for those of us who support children and young people after parental separation.
This article examines caregiving inequality in South Korea through an integrated legal-empirical analysis of the Korean Time Use Survey (KTUS), constitutional interpretation, and family and labor law architecture. Rather than treating low fertility as a policy failure to be corrected, it approaches demographic decline as an aggregation of private choices, or a structural outcome reflecting how caregiving is legally recognized, institutionally allocated, and culturally mediated. Drawing on repeated cross-sectional data from the 2019-2020 and 2024-2025 cycles of the KTUS, the article demonstrates that marriage has not functioned as a site of gender-equal redistribution of care. By enabling longitudinal comparison of daily caregiving practices, the Survey serves as an empirical tool for evaluating whether formally gender-neutral legal entitlements translate into substantive equality in everyday life. Both cycles of the KTUS show that unpaid care work remains persistently feminized within marriage, while caregivers outside legal marriage are structurally excluded from labor-law protections. The article further analyzes how Korean family and labor law allocate caregiving entitlements through marriage- and lineage-based definitions derived from the Civil Act. Although labor statutes are framed in gender-neutral terms, parental and spousal leave operate not according to caregiving function, but through compliance with marital form. This structure presumes that marriage reliably organizes care and internalizes dependency-a presumption that is empirically and doctrinally unsustainable. By tracing the interaction between empirical patterns, constitutional principles of equality and dignity, and labor-law entitlement design, the article argues that formally gender-neutral caregiving rights produce substantively unequal outcomes when filtered through marital status, raising a constitutional question about whether the adequacy of marital status as the gateway to care protection may continue.
Longtime stepfamilies and later-life re-couplers with adult children from previous relationships are a growing demographic. Legal default assumptions are designed for younger first-time families, not for aging families or stepfamilies. However, for stepcouples who plan, and who document their wishes, the legal landscape allows for later-life stepcouples to exercise choice and create individualized alternatives. This article addresses normal challenges created by stepfamily structure that impact later-life "blended families" in three areas: health and end-of-life decision making, later-life financial management, and inheritance plans that consider both the current partner and children of previous relationships. Throughout, this article addresses the importance of using a stepfamily lens, not a first-time family lens.
This article discusses post humous reproduction (PHR), beginning with the Israeli context and the narrow circumstances in which family members may desire to bring to life offspring of deceased kin. However, I argue that the lessons and implications of PHR reach well beyond this narrow context. First, Israel is not that unique and PHR is part of a shift in reproduction towards control and design of offspring. Second, this relatively narrow context provides broader lessons about defining parenthood, whose interests matter in family law, and the centrality of children's rights and interests. I argue that PHR is not an inquiry into rights-as there is no individual family member who retains rights to the sperm of the deceased-but an inquiry into policymaking. Instead of focusing on competing rights, the questions that frame the discussion should be: What kinds of families should society promote? How can children's interests be best protected? Can such interests be promoted through allowing PHR? Instead, the questions that frame the discussion should be: What kinds of families should society promote? How can children's interests be best protected? Can children's interests be promoted through allowing PHR?
By examining the ideological legacy of Operation Babylift, this article explores the interplay of ideology, power, and intercountry adoption law. Operation Babylift, a U.S. military humanitarian mission in April 1975, airlifted 2,547 children from Vietnam for adoption abroad. Among these adoptees, approximately 1,000 had no valid parental consent or proper documentation. Nguyen v. Kissinger-a class action on behalf of the Operation Babylift adoptees and dozens of lawsuits by some adoptees' mothers were brought in American courts for the adoptees' reunification with their mothers and families. The article recounts the rise of Cold War maternalism that laid the ideological and political groundwork for Operation Babylift. Tracing the legislative and policy changes intercountry adoption laws in both South Vietnam and the United States, the article demonstrates how Cold War maternalism eroded legal protections for Vietnamese parents and children American adoption from Vietnam. Through analyses of the reunification cases stemmed from Operation Babylift, the article illustrates the tension and struggles between Cold War maternalism and American courts' commitment and limitations in protecting the Vietnamese mothers' parental rights. The article concludes that intercountry adoption law must move away from separating the child's wellbeing from their mother's rights to effectively prevent systemic injustice.
A lifetime of discrimination, stigma, and harassment for LGBTQ+ older adults may be the source of legal conflict or the lens through which family court matters are perceived and litigated. Interdisciplinary family law professionals must understand the historical context and challenges facing LGBTQ+ older adults to meaningfully and competently work with this community. This article examines older LGBTQ+ family systems and intersections with family law professionals. The compounded stigma within legal and familial structures can increase the risk of elder abuse and neglect for this community. Every situation is different and every family is unique, but opportunities for better outcomes are possible when we support LGBTQ+ family connections.
The Eldercaring Conflict Checklist (ECC) was initially developed as a comprehensive 70-item measure to assess eldercaring family conflicts. The ECC short-form offers a more practical version for use by professionals while retaining psychometric integrity. Two studies involving a total sample of 354 family and eldercare professionals were combined to assess the newly created 28-item ECC. Results found the short-form reliable in terms of total score and across subdomains. Participants valued the ECC as a practical screening tool adaptable to diverse eldercaring contexts. Implications include more intentional selection of interventions for multigenerational families based on the severity and typology of conflicts identified.
This article examines a 19-month pilot introducing eldercaring coordination to Australia through collaboration between the University of South Australia and Relationships Australia South Australia. The research demonstrates that eldercaring coordination enhances existing tools for courts and professionals while complementing Australia's progression toward supported decision-making and addressing high-conflict, complex family cases. Eldercaring coordination offers tiered intervention, maintaining autonomy while providing professional oversight for high-conflict situations. Integration into Australia's elder support frameworks would provide professionals with an evidence-based tool for managing complex disputes while enhancing relationships.
Grandparents can play a variety of roles in the lives of their grandchildren, ranging from occasional visitor to full-time caregiver, representing a stabilizing force or a source of conflict. Grandparents' level of engagement varies according to cultural norms, familial need for support, and legal determinations. Research suggests that children benefit from the presence of supportive and involved grandparents and perhaps lose out on opportunities for social capital when grandparents are absent from their lives. This article discusses the roles and relationships between grandparents and grandchildren, highlights the impact of those relationships on both, and outlines various legal implications for understanding grandparenting within the context of family law cases.
Despite receiving major reform in the form of Article 81, there is a great need for continued improvement of guardianship proceedings. People suffering from neurodegenerative diseases are particularly susceptible to financial abuse. The current guardianship system requires enhancements to ensure that incapacitated adults are not being taken advantage of through their reliance on the assistance provided by Article 81. The proposed reform will institute a system similar to that employed by the Integrated Domestic Violence Courts in Family Court.
The concept of "eldering" frames aging as an evolving, relational facet within families applicable to diverse legal and cultural contexts. By broadening our professional lenses, we can more effectively respond to the complex, layered interdependent intricacies of families, and the needs of the individuals within, as they evolve through time. This article incorporates valuable insights from this Family Court Review Special Issue and offers a guide for professionals and the court to bridge the gaps between outdated norms and lived realities of family systems, benefitting multigenerations, practitioners, and the court.
This article examines the breakdown of relationships between adult children and their parent(s) through a family systems approach. Estrangement arises from complex interactions, intergenerational patterns, unmet needs, unresolved conflicts, individualism, and external influences. The article emphasizes how professional interventions can strengthen family ties and support healthier boundaries and dialogue rather than intensifying family divides. This perspective challenges traditional fault-based narratives and calls for innovative legal and therapeutic strategies that address the family system as a whole. Professionals and courts can either reinforce divisions or support healthier boundaries and dialogue. This system's perspective underscores the need for collaborative, interdisciplinary approaches that prioritize respect, healing, and long-term family resilience.
Sexual dysfunction in young people is on the rise. This trend has dramatic implications for key state interests, including fertility rates, economic growth, and overall well-being. The serious consequences associated with poor sexual health in childbearing-age citizens call for creative solutions. One such solution is Surrogate Partner Therapy ("SPT"), a highly effective form of treatment for people suffering from severe cases of psychogenic sexual dysfunction. SPT establishes a triadic relationship among the patient, a licensed mental health professional, and a trained surrogate partner who may use intimate contact to instill patients with the skills necessary to form healthy connections. However, because its unorthodox methods likely violate state anti-prostitution laws, SPT is rarely utilized. This article argues that, given SPT's promising potential to address the rise of psychosexual ailments in young people, state governments should create a limited medical exception to their prohibitions on prostitution.
The enactment of Federal Decree Law No. 17 of 2023 amended the law on surrogacy in the United Arab Emirates (UAE). Those living in the UAE now have the option and flexibility to embark on their surrogacy journey. The removal of a prior ban on surrogacy reflects the cultural development and modernization of a predominantly Muslim country that is largely governed by Islamic law. This note explores the surrogacy framework in the UAE, focusing primarily on Dubai, and proposes local legislation to provide protection and prevent the exploitation of Emirati surrogate women throughout the entire process.
Parental divorce has been associated with adverse child outcomes, potentially exacerbated by additional disruptions like relocation. However, empirical research remains limited, particularly in the Netherlands, where no data currently inform judicial decision-making. This study addresses this gap by surveying 418 Dutch participants (ages 16-35), comparing three groups with different childhood experiences, including divorce-related relocation. Psychological, behavioral, and relational outcomes were assessed, controlling for parental conflict intensity, domestic violence, elapsed time, and other life stressors. Due to the limited number of recent divorce cases in the sample, findings primarily reflect long-term effects, potentially explaining the absence of certain associations and suggesting a "fading" effect over time. Contrary to prior research, psychological and behavioral outcomes are linked not to divorce and relocation, but to parental conflict and stressful life events. Father-child relationship quality correlates negatively with both divorce and relocation, though relocation does not exacerbate this effect. In contrast, mother-child relationship quality appears negatively associated with relocation, influenced by parental conflict and life stressors. Participants experiencing relocation report the highest levels of parental conflict intensity and domestic violence, suggesting a heightened exposure to conflict. Professionals handling relocation cases should consider the broader family dynamics. However, as results reflect averages, they may not apply to every case.
