Vol. 38, No. 4, Winter 2005
A Review of the Year in Family Law
Janet R. Johnston, Children of Divorce Who Reject a Parent and Refuse Visitation: Recent Research and Social Policy Implications for the Alienated Child, 38 FAM. L.Q. 757 (2005).
This article critiques PAS theory and presents a reformulation of the phenomena together with recent research findings. It discusses social policy issues that arise from this problem, including whether children necessarily need a relationship with both parents; whether children who reject a parent are significantly emotionally troubled or at risk for emotional problems or psychological disorders in the future; and whether they need court-ordered treatment (despite the child's and aligned parent's resistance or objections); what is the nature, purpose, and prognosis for mandated treatment; and when should children have a voice and some level of self-determination.
Linda D. Elrod & Robert G. Spector, A Review of the Year in Family Law: "Same-Sex" Marriage Issues Dominate Headlines, 38 FAM. L.Q. 777 (2005).
This article provides a brief review of pertinent cases in family law for reporting year 2003-2004, which may be remembered as the year in which one state officially recognized same-sex marriage. Two other state courts found there to be no violation of constitutional rights by laws denying same-sex marriage. A federal constitutional amendment defining marriage as between a man and a woman passed Congress, and thirteen states passed constitutional amendments banning same-sex marriage. More than forty states have enacted the Defense of Marriage Act, which passed it's first "federal" test this year.
Charts, 38 Fam. L.Q. 811 (2005).
Chart 1: Alimony/Spousal Support Factors
Chart 2: Custody Criteria
Chart 3: Child Support Guidelines
Chart 4: Grounds for Divorce and Residency Requirements
Chart 5: Property Division
Chart 6: Third-Party Visitation
Chart 7: Appointment Laws in Adoption, Guardianship, Unmarried Parent and Divorce Cases.
For details, see Charts: Summarizing the Laws in the 50 States
Family Law in the Fifty States 2003-2004 Case Digests, 38 Fam. L.Q. 819 (2005).
This year's summary of family law cases covers approximately the period of August 1, 2003, through July 31, 2004. The case digests are presented in a topical outline framework and alphabetized by state within each topic heading. The summary does not include every case from every jurisdiction but highlights some of the more important cases. The digests are a result of reports submitted in each state by reporters and supplemented by Washburn Law School student staff.
Paul M. Kurtz, Annual Survey of Periodical Literature, 38 Fam. L.Q. 983 (2005).
The Seventeenth Annual Survey of Periodical Literature covers the period from approximately November 1, 2003, to November 1, 2004. It is not intended to be encyclopedic and no hidden messages should be derived from the inclusion or exclusion of any particular article. This survey is designed to provide a substantial sampling and brief description of the family law literature during the relevant time period, which might be of interest to the bench, bar and legal academia. Although most articles were written for a national audience on a national topic, some state-specific articles are included because their subject matter may be of broader interest.
FLQ Index to Volume 38, 38 Fam. L.Q. 1075 (2005).
This comprehensive index to the articles included in this volume is alphabetic by author and by title.
Publication Date: April 2005