Family Law Quarterly
Volume 48, No. 1 (Spring 2014)
Potpourri of Family Law Topics
Table of Contents
Please note that pursuant to the ABA's copyright and reprint policies, these articles may not be disseminated without written permission.
Linda D. Elrod
Science, Mental Health Consultants, and Attorney-Expert Relationships in Child Custody
Milfred D. Dale & Jonathan W. Gould
This article reviews the need for attorneys to recognize the important role social science has often come to play in child custody decisions and how expert mental health consultants may be needed for effective advocacy. The authors propose that attorneys adopt a pragmatic, process-oriented, and rules-based approach to decision-making in attorney-expert relationships. They outline how this pragmatic approach might work and recognize the complex dynamic process of child custody disputes and the attorney’s need for scientific sophistication to help the court adequately distinguish between valid and junk science.
Analysis in Child-Custody-Evaluation Reports: A Crucial Component
Robert A. Simon & Philip M. Stahl
Much has been written and discussed about the components of child custody evaluations as well as how to conduct these evaluations. Yet, there has been little attention to the method of and necessity for the analysis of data, an important focused portion of the child custody report. The analysis reveals the evaluator’s thought process and provides a roadmap for how the data gathered result in the conclusions offered. This article explains and discusses the analysis conceptually and provides examples for clarity. The article helps attorneys develop a better understanding of best practice and a new set of tools for attorneys as they review and critique evaluations in their practices.
Uniform Collaborative Law Act––An Introduction
Harry L. Tindall & Elizabeth G. Wood
This article briefly explains the collaborative law process and how and why the Uniform Law Commission drafted the Uniform Collaborative Law Act.
Uniform Collaborative Law Rules and Uniform Collaborative Law Act
This article reprints with permission the Uniform Collaborative Law Rules and the Uniform Collaborative Law Act with Prefatory Note and Comments (last revised or amended in 2010) by the National Conference of Commissions on Uniform State Laws (ULC).
Collaborative Divorce: The Unexpectedly Underwhelming Advance of a Promising Solution in Marriage Dissolution
This article discusses the origins of collaborative divorce and outlines its advantages and disadvantages over mediation and traditional divorce. It then explores collaborative divorce’s slow growth and some of the reasons it has not yet achieved traditional divorce’s popularity. The author suggests that collaborative divorce offers important benefits to divorcing parties, their children, lawyers, and society, and suggests additional steps that legislatures, courts, and judges could take to increase public access to collaborative divorce.
Withdrawal of Cryopreserved Sperm, Eggs, and Embryos
Cynthia E. Fruchtman
This article examines some of the difficulties clients may encounter when they want to withdraw their frozen reproductive tissues from a cryobank. Although lawyers who practice in the area of assisted reproduction technology (ART) are commonly engaged to help clients obtain gametes and make embryos to form families they otherwise would not be able to have, lawyers are seldom if ever asked to review or negotiate the terms of their clients’ cryopreservation agreements. The terms contained in these agreements can be critical, and the language and provisions in the non-negotiable form agreements used by cryobanks vary widely. The author explores three different sample scenarios and the questions they raise.
An Intimate Look at American Families
Naomi Cahn & June Carbone
Book review of Intimate Associations: The Law and Culture of American Families (Herbie DiFonzo & Ruth Stern)
In the first section of the review, the authors provide a description and overview of the book. In the second section, they provide perspective on how to place the book within the major dilemmas facing family law today, at a time of changing family str
Publication Date: July 2014