Family Advocate Fall 2019

Features

Domestic Relations

In the Wrong Hands, RFRA Shields Perpetrators of Crimes Against Children

Marci A. Hamilton & Alice Nasar Hanan

The Religious Freedom Restoration Act sought to protect believers’ rights to exercise religious freedom. Religious individuals and entities, however, have capitalized on RFRA protections to demand rights that in many instances are harmful to children and undermine the public good.

Domestic Relations

Religion, Child Custody, and Visitation

Margaret F. Brinig

Religious issues may arise in three types of post-divorce cases. These involve: 1) legitimate concerns over a child’s religious upbringing when parents live apart; 2) attempts to harass the other parent under the guise of religious concerns; and 3) a state’s parens patria role when a parent’s religious convictions endanger a child’s life or well-being.

Domestic Relations

Marital Contracts with Religious Provisions

Ann Laquer Estin

For couples who want to assure secular enforcement of an agreement grounded in religious tradition, advance planning is essential. Both the circumstances in which the agreement is negotiated and signed and the specific provisions it contains should be carefully considered.

Children

Religious Arbitration of Family Disputes

Barbara Atwood

Arbitration is a favored means of dispute resolution today, and this receptivity extends to religious arbitration. Courts, however, remain protective of their role in safeguarding children’s interests and ensuring fundamental fairness. This article describes the practice of religious arbitration and attendant constitutional and public policy concerns.

Domestic & Sexual Violence

Issues in Jewish Divorce

Rabbi Yona Reiss

The author, Chief Rabbinical Judge of the Chicago Rabbinical Council’s rabbinical court and a former Wall Street attorney, discusses the intersection of civil and Jewish divorce law. He advises attorneys to be cognizant of religious issues that may impact the future well-being of divorcing Jewish spouses.

Domestic Relations

Sharia and Family Law: Public Policy and Recent Cases

Christine Albano & Laura W. Morgan

There seems to be a bit of confusion, and possibly madness, based on the fear that “Sharia law is coming to the United States.” Of course, this is nonsense. The reality is that American courts have always applied foreign law, which has included Sharia law, through the doctrine of comity.

Domestic Relations

Hindu Marriage & Divorce: Issues that Affect Dissolution Matters in the United States

Molshree A. “Molly” Sharma

Key matters that may arise in the course of a Hindu couple’s dissolution proceedings may include the validity of the marriage, property and maintenance, jurisdiction, and custody—and especially custody in cases where a child is relocated to India without the consent of one parent.

Domestic Relations

Pamela Wexler Wins 2019 Jean Crowe Pro Bono Award

Shani Adess & Amira Samuel

Pam joined the New York Legal Assistance Group as a volunteer attorney in 2014 after retiring from corporate law practice. She wanted to utilize her expertise to represent survivors of intimate partner violence who might otherwise lack access to legal counsel. She is a champion for her clients and her colleagues.

From the Chair

Family

How to Make the Most of Membership

Jonathan W. Wolfe

As I start my year as Chair, what strikes me most is the opportunities that abound for all of our members, whether you are a long-time member or you have just signed up as part of the new membership model. I can help you find a way to participate that works for you.

From the Editor in Chief

Family

From the Editor in Chief

Kathleen A. Hogan

It is all well and good to say that the family law system is a secular arena, but we do our clients a disservice if there is no effort to recognize ways in which their approaches to their own families and cases may be affected by faith issues. We may be able to serve them more effectively if we have some understanding of their perspective.

Art: Law & Practice

Family

Jewish Law and Assisted Reproductive Technology

Amira Hasenbush

The family is at the center of Jewish life. The Jewish Bible’s first commandment is to “be fruitful and multiply.” Many Jewish people avail themselves of medical assistance when they face infertility. But what does Jewish law have to say about ART? Well, in typical lawyerly fashion: it depends.

Renew Your ABA Membership

Faith Issues in Family Law

Religion and Marriage: The Implications for Today’s State Family Codes

Religious Issues in Child Welfare Cases

Features

In the Wrong Hands, RFRA Shields Perpetrators of Crimes Against Children

Religion, Child Custody, and Visitation

Marital Contracts with Religious Provisions

Religious Arbitration of Family Disputes

Issues in Jewish Divorce

Sharia and Family Law: Public Policy and Recent Cases

Hindu Marriage & Divorce: Issues that Affect Dissolution Matters in the United States

Pamela Wexler Wins 2019 Jean Crowe Pro Bono Award

From the Chair

How to Make the Most of Membership

From the Editor in Chief

From the Editor in Chief

Art: Law & Practice

Jewish Law and Assisted Reproductive Technology

Issue Editors

Ann M. Haralambie

Gregg M. Herman

Editorial Board

Kathleen A. Hogan

Livia DeFilippis Barndollar

Joy M. Feinberg

Ann M. Haralambie

Gregg M. Herman

Lilka B. Martinez

Debra H. Lehrmann

Michelle Piscopo

Gene Brentley Tanner

Timothy B. Walker

Steven K. Yoda

ABA Resources

The ABA

Connect

Renew Your ABA Membership

American Bar Association TM American Bar Association

Faith Issues in Family Law

Religion and Marriage: The Implications for Today’s State Family Codes

Religious Issues in Child Welfare Cases

Features

In the Wrong Hands, RFRA Shields Perpetrators of Crimes Against Children

Religion, Child Custody, and Visitation

Marital Contracts with Religious Provisions

Religious Arbitration of Family Disputes

Issues in Jewish Divorce

Sharia and Family Law: Public Policy and Recent Cases

Hindu Marriage & Divorce: Issues that Affect Dissolution Matters in the United States

Pamela Wexler Wins 2019 Jean Crowe Pro Bono Award

From the Chair

How to Make the Most of Membership

From the Editor in Chief

From the Editor in Chief

Art: Law & Practice

Jewish Law and Assisted Reproductive Technology

Issue Editors

Ann M. Haralambie

Gregg M. Herman

Editorial Board

Kathleen A. Hogan

Livia DeFilippis Barndollar

Joy M. Feinberg

Ann M. Haralambie

Gregg M. Herman

Lilka B. Martinez

Debra H. Lehrmann

Michelle Piscopo

Gene Brentley Tanner

Timothy B. Walker

Steven K. Yoda

ABA Resources

The ABA

Connect