Volume 41, No. 1 (Spring 2007) — Table of Contents
"UU" UCAPA: Understanding and Using
UCAPA to Prevent Child Abduction
Patricia M. Hoff
This article begins with a brief description of how this uniform law was developed (Constructing UCAPA), and continues with a user-friendly analysis of the Act (Deconstructing UCAPA) The article complements the Prefatory Notes and the Comments to the Act (see Elrod below), both of which are recommended reading for UCAPA users.
Uniform Child Abduction Protection Act
(Statutory Text, Comments and Unofficial Annotations by Linda D. Elrod, Reporter)
This article continues a tradition of reporters for the family law acts that are promulgated by NCCUSL writing articles to comment and reflect on the process.
The Operation of the 1980 Hague Abduction Convention—A Global View
Nigel V. Lowe with Katarina Horosova
The object of this article is to provide, on the basis of three statistical studies, an insight, from a statistical point of view, into how, on a global basis, the 1980 Hague Abduction Convention is actually working.
This article looks at the inherent conflict between ongoing postdissolution coparenting and the economic clean break model under which divorced persons and cohabitants who part ways are entirely separate individuals, unencumbered by ongoing legal or financial relationships, free to build new lives and make a fresh start. Part II examines the economic clean break model; Part III describes the developing postdissolution coparenting model; Part IV describes relocation doctrine and examines the economic concerns that motivate many requests to relocate. It analyzes the limited sets of choices available to judges facing relocation disputes, including the lack of a remedy for the economic losses attendant to a denial of permission to move, and proposes an income-sharing approach to assist with those economic losses.
Jurisdiction over Children in Interstate Placement: The UCCJEA, Not the ICPC, Is the Answer
Robert G. Spector & Cara N. Rodriguez
This article discusses the provisions of the ICPC affecting jurisdiction and presents an overview of the UCCJA, the PKPA, and the UCCJEA. It sets forth the case law that has interpreted the ICPC in conjunction with the UCCJA or the UCCJEA. It discusses the provisions of the RICPC that threaten to undermine principled jurisdictional determinations based on the UCCJEA and argues that these provisions should be revised in conformity with the UCCJEA or excised altogether.
2006 Schwab Essay Winners
(The Schwab Essay Contest for law students is sponsored by the ABA Section of Family Law.)
This article is the first-place Schwab Essay winner for 2006. It considers the issue of state use of Social Security Insurance beneficiary funds for reimbursement of foster care costs when a state agency serves as representative payee for a child. It contends that the Supreme Court's conclusion in Washington State Dep't of Soc. and Health Servs. v. Guardianship Estate of Danny Keffeler was erroneous on both legal and policy grounds and why.
This article is the second-place Schwab Essay winner for 2006. It explores the statutory and public policy frameworks that guide state intervention in the parent-child relationship and the negative outcomes resulting from removal of the at-risk children from the family. The author proposes that public policy should follow an emerging trend of the child welfare community and demand a refocus of the child welfare system on family connectedness through family finding and kinship care.
This article is the third-place Schwab Essay winner for 2006. It compares historical legal treatments and evaluates contemporary legal approaches to unmarried cohabitation in the U.S. and in China. It explores the historical evolution of judicial and legislative treatments of unmarried cohabitation in both countries and identifies common themes in laws governing unmarried cohabitation and evaluates different legal approaches. It concludes with several lessons learned from this comparative family-law study.