Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Help separated parents ditch avoidance strategies that stop them resolving differences
The desire to avoid conflict with an ex is the primary reason that separated parents do not get to see their children.  That’s an eye-opening finding from a survey of 1,105 separated...
What is a Cohabitation Agreement, and do I need one?
Many couples, despite living together, never seek to legally formalise their living and financial arrangements.  They mistakenly believe that the concept of a ‘common law’ husband and...
Welsh Government launches consultation on amendments to adoption regulations
The Welsh Government has launched a consultation on the proposed amendments to the Adoption Agencies (Wales) Regulations 2005 and the Care Planning, Placement and Case Review (Wales) Regulations 2015....
JM v RM [2021] EWHC 315 (Fam)
(Family Division, Mostyn J, 22 February 2021)Abduction – Wrongful retention – Hague Convention application – Mother decided not to return to Australia with children – COVID 19...
Re A (A Child) (Hague Convention 1980: Set Aside) [2021] EWCA Civ 194
(Court of Appeal (Civil Division), Moylan, Asplin LJJ, Hayden J, 23 February 2021)Abduction – Hague Convention 1980 – Return order made – Mother successfully applied to set aside due...
View all articles
Authors

Substantive parenting arrangements in the USA: unpacking the policy choices [2015] CLFQ 249

Sep 29, 2018, 22:45 PM
Post-separation parenting - best interests - rules - discretion - shared parenting
This article briefly sets out the problem, theoretical and evidence-based ways of approaching it, and some new results from a study of court documents from one US state indicating that a strong presumption of shared custody is associated with an increase in post-decree domestic violence.
Slug : substantive-parenting-arrangements-in-the-usa-unpacking-the-policy-choices-2015-clfq-249
Meta Title : Substantive parenting arrangements in the USA: unpacking the policy choices [2015] CLFQ 249
Meta Keywords : Post-separation parenting - best interests - rules - discretion - shared parenting
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Jan 6, 2016, 05:03 AM
Article ID : 116866
Keywords: Post-separation parenting - best interests - rules - discretion - shared parenting

Policymakers in the USA currently debate whether to keep discretionary child custody standards, that is, 'best interests of the child' clarified by some factors, or to move to a more rule-based system, such as a presumptive shared parenting regime. This article briefly sets out the problem, theoretical and evidence-based ways of approaching it, and some new results from a study of court documents from one US state indicating that a strong presumption of shared custody is associated with an increase in post-decree domestic violence. While presumptions or de facto rules should facilitate bargaining, these results may tip the balance towards the standards plus factors approach.
Categories :
  • Articles
  • CFLQ
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from