Family Law
Publications on Domestic / Family / Intimate Partner Violence are in the Criminal Law section of this Bibliography. Aminah, Siti and Siti Sumadiyah, ‘Contextual Study of Family Law: Rethinking Differential Roles and Positions of Women (Indonesian Council of Ulama/Mui) in Kediri City Families in the Pandemic Era’ (2021) 8(3) Jurnal Pembaharuan Hukum 306–323 Abstract: This research is an effort to affirm the role and position of women in the family who are no longer on the sub-ordinate line. By carrying out a contextual study based on the rules of fiqh legal provisions depend on the god who follows and taghayyur, al-ahkam bi taghayyur al-azminah wa al-amkinah, the research has a significant point. To ensure the validity of this research, the research data is a scientific research method that can be accounted for. The data is extracted through the triangulation method, namely interviews, observation and documentation. The data results were tested for the validity of the data through triangulation of sources and techniques. After the final data, the findings of the study were obtained. Namely, 1) on the economic aspect of the family, women work in a community by developing micro-enterprises; 2) in the social aspect, women provide counselling, socialisation, both online and offline; 3) in the spiritual aspect, women carry out halaqah on family resilience during the pandemic and socialise the MUI fatwa related to vaccination law; 4) in the education aspect, women provide services, education and education to the wider community in dealing with the Covid-19 pandemic.
Asman, Asman and Resali bin Muda, ‘Social Dynamics on the Increasing Divorce of Malay Communities during COVID-19 in Sambas West Kalimantan, Indonesia Perspective of Islamic Family Law’ (2023) 17(2) Al-Manahij: Jurnal Kajian Hukum Islam 153–166 Abstract: The purpose of this study is to find out the causes and provide alternative solutions to the increase in divorce of the Malay community in Sambas Regency, West Kalimantan. The emergence of Covid-19 at the beginning of 2019 as a very scary and deadly virus for mankind in this world. One of them is Indonesia, which has been greatly affected by Covid-19, both from the family economy side and from the family resilience side. One of the cases that occurred in Sambas Regency was that in 2021 there was an increase in divorce during the Covid-19 pandemic, resulting in a change in status. This type of research is a type of qualitative research that prioritizes field studies with a normative juridical approach. The focus in this research is what causes the increasing divorce status of the Malay community during the Covid-19 period in Sambas Regency? And what are the alternative solutions to reduce the high divorce rate during the Covid-19 period in Sambas Regency. The findings of this study are the increase in divorce in Sambas Regency, the existence of conflicts in the families of married couples which results in divorce the main cause of problems in life or family economic resilience, communication in the family is tenuous and marriage. immaturity is caused by being too young to start a household. The alternative solution provided by this study is that husband and wife must communicate actively without prioritizing 2E, namely emotion and egoism to avoid conflict, synergistic active intervention from religious leaders, government, KUA, BBKN and families, to conduct socialization in order to create good relationships for newly married couple or husband and wife who have been married for a long time.
Awaliyah, Dita Faradila et al, ‘Husband and Wife Role to Maintain Family Resilience during the Covid-19 Pandemic: Islamic Law Compilation Perspective’ (2024) 2(1) Journal of Family Law and Islamic Court 1–11 Abstract: During the Covid-19 Pandemic, many couples divorced due to various factors, including disputes and the economy. However, many families have strong resilience in the face of the Covid -19 Pandemic so that their families remain harmonious. This article discusses the role of husband and wife in improving family resilience during the Covid-19 Pandemic. This is field research was conducted in Medali, Mojokerto, East Java, Indonesia. The data is collected through interviews and documentation to answer existing problems. Qualitative methods with a deductive mindset analyze the results of interviews and documentation. This study concluded that during Covid-19 Pandemic, the husband and wife in Medali maintained their family resilience by playing a role in meeting daily needs, fulfilling economic aspects, and fulfilling education for children. In addition, they support each other and are convinced that this Pandemic is a provision from Allah, so they must pray and be grateful. The family carries out the role of husband and wife in Medali during the Covid-19 Pandemic according to the Compilation of Islamic law, articles 77 and 79.
Baharuddin, H, ‘Parenting Styles During the Covid-19 Pandemic: A Conception of Islamic Family Law’ (2021) 5(1) Al-Bayyinah: Jurnal of Islamic Law 13–28 Abstract: The covid-19 pandemic situation has led to many changes in living conditions and various activities that are mostly carried out at home in order to reduce and prevent the chain of transmission of the corona-19 virus. This study aims to provide an illustration of the role of parents at home during the Covid-19 pandemic situation by providing the rights that must be given to children by correlating them with the concept of childcare in Islamic family law. The urgency in education studies in the review of Islamic family law is to emphasize the position of parents who are not only responsible for providing a living, including in matters of success in education. This is a conceptual study, which seeks to explore the concept of childcare that is built in Islamic family law. The findings in this study indicate that childcare according to Islamic family law in the covid-19 pandemic situation, namely: 1) teaching children to do good and keep away from badness, this is done by way of parents giving examples and accompanying children when learning, 2) Parenting with affection, this care is done by providing safety and guidance to children, 3) Fulfilling the needs of children. In the conception of Islamic family law it is known as hadanah rights or child care which is widely understood, both in terms of livelihood to children’s intelligence. The implication of this finding is that during the pandemic, parents have a significant role, in addition to living needs, parents are also required to ensure children’s intelligence through the fulfillment of education.
Bell, Felicity, ‘“Part of the Future”: Family Law, Children’s Interests and Remote Proceedings in Australia during COVID-19’ (2021) 40(1) University of Queensland Law Journal 1–26 Abstract: In March 2020, the family law courts, like other Australian courts, moved to hearing proceedings ‘remotely’, by phone, audio-visual link or software platform. This article examines the particular circumstances of family law cases that likely impact on whether it is appropriate for remote procedures to be used. Giving context to these themes, the article reports on a survey of Australian federal judicial officers about their experiences of conducting family law proceedings remotely.
Bewley, Amanda, ‘Mental Health Awareness and Suicide Prevention in the Family Justice System: A Different COVID-19 Issue’ (2020) 50(July) Family Law 795–798 Abstract: Discusses the issue of suicide prevention in the specific context of the family justice system and the need for training in how to respond to suicidal litigants. Considers the effect of the coronavirus pandemic on the well-being of both practitioners and clients.
Byars, Kaleb, ‘Coronavirus, Caregivers and Child Custody: A Pragmatic Solution for Parents Who Seek to Protect Their Children During the COVID-19 Crisis. (Cover Story)’ (2020) 56(5) Tennessee Bar Journal 28–29 Abstract: Extract from Introduction: As COVID-19 spreads, it undoubtedly carries with it a host of legal issues. This article seeks to address one of those issues. Namely, it answers the following question: What options are available to a child’s parent when the child’s other parent who has shared physical custody of the child refuses to take precautions during a pandemic such COVID-19?
Byrne, Elyse, ‘Are We Right to Go? Family Law in a Post Pandemic World: We Are Still Seeing the Effects of the Covid-19 Pandemic on Family Law and Family Law Cases Before the Federal Circuit and Family Court of Australia’ (2023) 97(3) Law Institute Journal 18-21
Catrina, Radu, ‘Family Law: A Precedent for Unprecedented Times’ (2020) 94(12) Law Institute Journal 40–43 Abstract: How the family law courts have treated the continued operation of, and frequent non-compliance with, parenting orders in the wake of COVID-19.
Chandler, Alexander, ‘Is Coronavirus a Barder Event?’ (2020) 50(June) Family Law 701–712 Abstract: Considers whether a coronavirus-related event is a Barder event justifying the re-opening of a final financial order. Reviews the applicable principles through five ‘Barder’ cases. Looks at a range of possible Barder scenarios arising from the coronavirus pandemic. Outlines procedure for making a Barder application. Offers some thoughts on what to do regarding agreements which have not yet been made into orders.
Cooper, Donna, ‘Post-Separation Parenting During COVID-19’ in Belinda Bennett and Ian Freckelton (eds), Pandemics, Public Health Emergencies and Government Powers: Perspectives on Australian Law (Federation Press, 2021)
Dama, Nadia Safira, ‘Legal Consequences of Betel Marriage Settlement During the Covid-19 Pandemic’ (2022) 4(2) Estudiante Law Journal 348–359 Abstract: This study aims to determine the legal consequences of betel marriage settlement during the Covid-19 pandemic. The type of research used is sociological juridical and this study uses a descriptive research approach and qualitative data analysis techniques. The results of this study show that the legal consequences of an unrecorded marriage can cause the marriage to be invalid in the eyes of positive Indonesian law, but according to religion and public belief that the marriage is valid as long as it meets the conditions and legal pillars of a marriage itself. As for the settlement, there are two things, namely the application for a marriage and remarriage hearing. However, the bad factor is that if the marriage partner has obtained a child, then in civil law the child does not have a nasab with the father but only has a nasab with a mother and her family.
Deepali Rani, Sahoo, ‘Legal Dimensions on ADR Mechanisms and Using of Technology for Solving Marital Dispute: Special Reference to COVID-19’ (2023) 10(1) Splint International Journal of Professionals 71–80 Abstract: With roots in the Neolithic era, the Indian legal system is among the oldest in the entire globe. It’s a system that’s always changing, adjusting, and settling in to meet societal demands. The court, which is one of the foundations of Indian democracy, has consistently taken the side of the wronged parties to uphold their rights and combat injustices, inequity, brutality, and exploitation. However, the system has recently been plagued by a number of issues. As Justice Ramana recently noted, one of the main obstacles to upholding the rule of law and defending human rights is the formal legal system’s incapacity to provide everyone with prompt and cheap justice. The main objective of the study is to find out the relationship between ADR mechanisms and marital relations with family disputes. Secondly the impact of ADR mechanism by using technology for proper settlement of the dispute. Thirdly, the legal dimensions of using technology are linked with the ADR mechanism laid down by the court of law.
Doughty, Julie, ‘Remote Justice: Family Court Hearings during the Pandemic’ (2020) 42(3) Journal of Social Welfare and Family Law 377–380 Abstract: Discusses Re A (Children) (Remote Hearing: Care and Placement Orders) (CA) and other cases on holding a hearing remotely or in a hybrid form during the coronavirus pandemic, noting the guidance given by the President of the Family Division in this case.
Douglas, Gillian, ‘Abduction’ (2020) 50(July) Family Law 822–823 Abstract: Comments on the approach in Re PT (A Child) (Fam Div) to the argument that ordering the return of a child from England to Spain during the coronavirus pandemic would amount to a grave risk of physical harm under the Hague Convention on the Civil Aspects of International Child Abduction 1980 art.13b.
Drventić, Martina, ‘COVID-19 Challenges to the Child Abduction Proceedings’ (2021) 5(EU 2021 – The Future of the EU in and After the Pandemic) EU and Comparative Law Issues and Challenges Series (ECLIC) 631–656 Abstract: While creating a new notion of everyday life, the COVID-19 pandemic also affects the resolution of cross-border family disputes, including the international child abduction cases. The return of an abducted child to the country of his or her habitual residence is challenged by travel restrictions, international border closures, quarantine measures, but also by closed courts or cancelled hearings. Those new circumstances that befell the whole world underline two issues considering child abduction proceedings. The first one considers access to justice in terms of a mere possibility of the applicant to initiate the return proceeding and, where the procedure is initiated, in terms of the manner of conducting the procedure. The legislation requires a quick initiation and a summary resolution of child abduction proceedings, which is crucial to ensuring the best interests and well-being of a child. This includes the obligation of the court to hear both the child and the applicant. Secondly, it is to be expected that COVID-19 will be used as a reason for child abduction and increasingly as justification for issuing non-return orders seen as a ‘grave risk’ to the child under Article 13(1)(b) of the Child Abduction Convention. By analysing court practice from the beginning of the pandemic in March 2020 to March 2021, the research will investigate how the pandemic has affected child abduction proceedings in Croatia. Available national practice of other contracting states will also be examined. The aim of the research is to evaluate whether there were obstacles in accessing the national competent authorities and courts during the COVID-19 pandemic, and in which manner the courts conducted the proceedings and interpreted the existence of the pandemic in the context of the grave risk of harm exception. The analyses of Croatian and other national practices will be used to gain an overall insight into the effectiveness of the emerging guidance and suggest their possible broadening in COVID-19 circumstances or any other future crises.
Dutta, Shukla and Supriyo Kundu, ‘The Recent and Changing Trends of Divorce Post Covid-19 Lockdown in India Concerning the Hindu Law’ (2022) 3(1) Jus Corpus Law Journal 290–303 Abstract: There was a time in India when there were almost no/fewer trends of divorce in the Hindu community, as it was a pretty rare phenomenon and not at all prevalent. According to Hindu Law, the marriage of two persons is considered to be a sacramental union. We know divorce to be the disintegration of marriage, or as the legitimate end of a marriage, to manage the issues brought among the two married people due to marriage. Divorce in those days brought severe mental injury. The child of a divorced relationship was poorly treated, thus causing a pathetic experience for the divorcees. However, after the Hindu Marriage Act, 1955 (hereinafter referred to as ‘the Act) was introduced, all Hindu laws related to relationships in family and society were thoroughly revised, including divorce, which caused the disintegration of marriages progressively simpler when the Act was amended in 1976. However, with the advent of modernization and westernization in today’s world, the rigid boundaries that were once a part of traditional Hindu life have completely changed in terms of lifestyle and relationships. The reasons for this change were women empowerment and employment, change in demographics from the rural villages to the urban cities or metros, the breaking up of extended families into small nuclear families, and live-in relationships. It can be understood that the conventional systems have been erased in modern society, thus offering a lenient socio-cultural life. With the onset of the Covid19 lockdown, the rate of divorce spiked throughout the country and led to the breaking up of most couples during this time. This Research paper will lay stress on the changing scenario of divorce before and after the Covid-19 lockdown, examine the recent trends and causes for divorces during this period, and suggest possible solutions that might resolve the problems in a family.
Elrod, Linda D, ‘Review of the Year 2020 in Family Law: COVID-19, Zoom, and Family Law in a Pandemic’ (2021) 54(4) Family Law Quarterly 281–324 Extract from Introduction: Although COVID-19 shut down courts across the country starting in March 2020, lawyers and judges rose to the challenge of navigating a justice system run remotely from homes across the country. State supreme courts issued administrative orders tolling statutes of limitations and notice provisions and postponing jury trials. Zoom became the platform for hearings, pretrial conferences, mediations, and conferences as well as for education. Added to the health crisis were sad reminders of systemic racism and wealth inequalities as well as a highly contested presidential election. In spite of the challenges, federal and state courts continued to hand down important decisions on a variety of family law issues.
Foster, David and Philip Loft, ‘Coronavirus: Separated Families and Contact with Children in Care FAQs (UK)’ (House of Commons Library, Briefing Paper No CBP 8901, 5 January 2021) Abstract: This paper provides brief information in response to some key questions regarding the impact of the Coronavirus outbreak on separated families, maintenance arrangements and access to children.
Fraser, Graeme, ‘Family Justice Post COVID-19: The Road to Recovery’ (2020) 170(7900) New Law Journal 8 Abstract: Considers the Sixth Report of the House of Commons Justice Committee on the delivery of court services during the coronavirus pandemic. Highlights the backlog of cases in the Family Court and the need for a government recovery plan on how to reduce the backlog.
Freckelton, Ian, ‘COVID-19 and Family Law Decision-Making’ (2020) 27(4) Journal of Law and Medicine 846 Abstract: All aspects of family law have been affected by the COVID-19 pandemic. It has posed challenges for the operation of the Family Court of Australia and the Federal Circuit Court, the obtaining of expert reports, the conduct of hearings, the functioning of contact centres, and the mode of delivery of children’s schooling. In Australia and in Ontario an attempt has been made to be clear about what is expected of parents during the period of crisis. An Australian innovation has been the establishment of a COVID-19 List and communication by the Chief Justice of the Family Court about what is expected of parents by way of compliance with orders from chief health officers and safe practices to protect children against infection, especially those with particular health vulnerabilities. This column reviews such initiatives and a number of the significant family law decisions during the early phase of Australia’s response to the COVID-19 pandemic.
Freckelton, Ian, ‘Vaccinating Children: The COVID-19 Family Law Jurisprudence’ (2022) 29(3) Journal of Law and Medicine 645–662 Abstract: Australian, New Zealand, English and Canadian courts have made a number of orders, often in the context of parenting disputes, requiring children to be vaccinated. Complementary therapy options have generally not been permitted as an alternative to mainstream vaccination. Debates about parental entitlements to make decisions about such matters have taken place in the context of contested family law litigation during the COVID-19 era. However, by contrast with Ontario Superior Court of Justice decisions in 2022, a series of Australian decisions, including the judgment of Sutherland CJ in Clay & Dallas [2022] FCWA 18, have developed the law further, having regard to both the capacity of a minor to consent to vaccination and reviewing a variety of factors going to children’s best interests at different junctures during the pandemic, finding it generally to be in the best interests of children to receive COVID-19 vaccinations. This is likely to flow back into curial decision-making about vaccinations more broadly, as well as cognate matters.
Gibson, B Isaac, ‘The Portion of Goods That Falleth to Me: Parental Rights, Children’s Rights, and Medical Decisions after COVID-19’ (2022) 60(3) Family Court Review: An Interdisciplinary Journal 590–601 Abstract: The advent and perpetuation of the COVID-19 pandemic has served to highlight issues in American law that have long gone unaddressed. Prominent among them are the issues involving parents, the government, and the medical decisions of children. This article examines the current state of American law involving parental rights, children’s rights, and the government’s role in medical decisions of children and proposes a uniform act as a solution to the discrepancy and unpredictability in this area of American law.
Grumet, Lisa, ‘Co-Parenting During Lockdown: COVID-19 and Child Custody Cases Before the Vaccine. (A Project of the New York Law School Family Law Quarterly Editors)’ (2022) 55(2) Family Law Quarterly 173–194 Abstract: This Article looks back at child custody disputes from the early days of the COVID-19 pandemic in the United States, when there were no vaccines available to limit the spread or impact of the disease and much of the country was in ‘lockdown.’ Beginning in March 2020, most state governments issued some form of ‘stay-at-home’ orders with the goal of protecting public health by limiting the spread of the virus. Restrictions on travel as well as concerns about exposure to the disease impacted co-parenting arrangements for parents who shared custody or visitation of their children while maintaining separate households. Some parents went to court with emergency applications to enforce or modify custody and visitation arrangements based on pandemic-related disputes. Judges considered arguments that the pandemic itself warranted suspending a visitation schedule; that children should not travel or be exposed to ‘hotspot’ jurisdictions; that COVID-19 testing or quarantine protocols should be followed; and that one parent’s noncompliance with COVID-19 protocols put a child at risk of infection. In resolving these disputes, courts recognized the challenges of the pandemic and the importance of protecting children’s health, while also emphasizing the importance of continuity and ongoing relationships with parents for children’s emotional health. In addition, some courts specifically ordered parents to comply with public health guidance. While no vaccine was available at the time of these decisions, some orders specifically mentioned masks, social distancing, hand-washing, and compliance with government protocols generally. Courts have sought to balance children’s needs for time with separated parents; and safety concerns raised by the circumstances of the pandemic, the health needs of particular children and families, or the parties’ own conduct. For so long as the pandemic continues, these considerations may continue to be weighed by courts in determining the best interests of the child.
Harbach, Meredith, ‘Parens Patriae After the Pandemic’ (2023) 101(5) North Carolina Law Review 1427–1462 Abstract: The COVID-19 pandemic prompted extraordinary state action to protect American children. Acting in its longstanding role as parens patriae, the state stepped in to protect children and their families from the ravages of the pandemic as well as from the dramatic upheaval it precipitated. This Article will evaluate the state’s pandemic response vis-à-vis children and their families, mining the experience for lessons learned and possible ways forward. Specifically, this project will argue that the state’s pandemic response represented a departure from the state’s conventional approach to parens patriae. Conventional practice prior to the pandemic was characterized by a state model of parens patriae that was largely reactive and residual, and was exercised in ways that particularly disadvantaged children of color and low-income children. By contrast, the model of parens patriae actualized in response to the pandemic was proactive, preventative, and responsible. Instances of child abuse dropped or held steady, the incidence of youth offending did not increase, and child poverty levels reached historic lows. At the same time, many children and their parents managed to grow closer and spend more time together during the pandemic. Ultimately, this Article argues that this new approach to parens patriae is the best path forward to protect children and their families from harm and promote child well-being.
Harker, Lisa, ‘Children’s Contact with Birth Families: Lessons Emerging during the Pandemic’ (2020) 50(July) Family Law 929–931 Abstract: Considers how child contact arrangements have been managed during the coronavirus lockdown with restrictions on face-to-face contact. Refers to findings from Nuffield Family Justice Observatory research on the use of video calls for children in residential, foster and kinship care to facilitate contact with birth families.
Harniati, Sri Harniati Sri and Nasri Hamang Nasri Hamang, ‘The Impact of Covid-19 on the Resilience of Families of Parepare Nusantara Port Transport Workers: Islamic Marriage Law’ (2021) 2(1) Al-Iftah: Journal of Islamic studies and society 81–94 Abstract: This study discusses the impact of Covid-19 on the resilience of the families of port workers at Nusantara Parepare in the perspective of Islamic marriage law.With the problem of how the impact Covid-19 on the resilience of the families of Nusantara port transport workers in Parepare City. This type of study is a field study, namely a study that collects data directly from labor community informants. This study was conducted using a phenomenological approach. The results of this study indicate that 1) The impact of the Covid-19 pandemic has caused the economy of the port worker community to be increasingly difficult and deprived. At the time of the closure of the Nusantara port, many of the port workers family conditions were not harmonious because their income was greatly reduced and decreased drastically;2) Condition family resilience due to the Covid-19 pandemic has greatly impacted port workers because the familys economy is increasingly depressed, making it very vulnerable to conflict in the family, and 3) The resilience and harmony of a family since the Covid-19 pandemic has led to disputes and conflicts due to the non-fulfillment of the necessities of life. And the families of port transport workers during the Covid-19 pandemic have become problematic families.
Hitchings, Emma and Mavis Maclean, ‘Unprecedented Times: Some Thoughts on the Consequences of the COVID-19 Pandemic from a Family and Social Welfare Law Perspective’ (2020) 42(3) Journal of Social Welfare and Family Law 277–280 Abstract: Extract: The effects of the global health crisis and the strategy of national lockdown to ameliorate the pandemic across the globe have had unparalleled consequences for family and social welfare law. Government policies across the world have been introduced at a scale and pace that would have been unthinkable as recently as February of this year. These have been introduced in order to limit the inevitable devastating economic consequences and have resulted in unprecedented levels of government support for businesses and individuals. Other nations such as France are already in an official recession, and while the United Kingdom has not, as yet, made the official list, there is no doubt that we are on our way. According to the Office for National Statistics (2020), Britain’s economy contracted by 2.2% in the first three months of 2020 and GDP fell by 6.9% in March even though the strictest lockdown measures were only in place for nine days of that month.
Houston, Claire et al, ‘Ontario Family Justice in “Lockdown”: Early Pandemic Cases and Professional Experience’ (2022) Family Court Review (advance article, published 8 March 2022) Abstract: The COVID-19 pandemic has profoundly affected families and children involved in Ontario’s family justice system as well as family justice professionals in the province. In a span of two years, Ontario’s family justice system has been fundamentally transformed, from a paper-based, in-person system to a paperless system in which many services, including judicial proceedings, continue to be largely delivered remotely. We report on the findings of two studies on the impact of the COVID-19 pandemic on Ontario family justice: (1) an analysis of early pandemic court decisions; and (2) a survey of family justice professionals about their experiences during the early pandemic. We describe how the pandemic has exacerbated access to justice issues for certain groups, including families experiencing high conflict, victims of intimate partner violence, families involved in child welfare proceedings, and self-represented litigants, while improving access to justice for others by improving efficiency and reducing legal costs. As Ontario moves past the pandemic, the family justice system will need to ensure that technological advances improve access to justice for all court-involved families.
Hubail, Fatema, ‘In the Shadow of the Law: Bahraini Women’s Realities within the Covid-19 Pandemic’ (2022) 3(2) Amicus Curiae, Series 2 218-250 Abstract: With the emergence of the Covid-19 global pandemic, the questions of gender and sect have been reintroduced in Bahraini media as examples, spectacles and objects of critique. The pandemic does not only carry a health risk, but it has also become a means of social-conditioning, surveillance and the reification of difference for Bahrainis. In the cases of Ania and Fatima, the pandemic was a time that defined key moments in their lives: their ability to name and shame their abusers online. However, as these women bravely shared their stories, they were confronted by social and cultural forces that attempted to silence them. Although these two testimonies are not representative of all women’s experiences in Bahrain, they shed light on the various legal, familial and social structures that affect women’s lived experiences. This research will further explore the legal and social silencing of women’s lived experiences through the lens of the Covid-19 pandemic. This research aspires to carve an academic space that brings some justice to these women, by sharing their experiences in light of the emerging sociopolitical, sociolegal and cultural contexts of their society. In this research, I answer the following questions: (1) to what extent does Law No 19 of 2017 on the Family Law (also known as the Unified Family Law of 2017) perpetuate silencing on the grounds of gender and sect throughout the pandemic in Bahrain? And (2) to what extent has the Covid-19 pandemic amplified the expectations ascribed to women on the grounds of gender and sect in Bahrain? The focus on the Unified Bahraini Family Law of 2017 is vital to understanding the social expectations that frame women’s lived experiences in Bahrain. It complicates the lives of women, as the state imagines unification, but the reality suggests that women are found at the intersection of gender, sect, structures of kin, trauma and, lastly, the sociopolitical implications of the Covid-19 pandemic.
Hunkin, Elise and Peter Alsen, ‘Business as (Un)Usual: A Critical Policy and Legal Analysis of Australia’s COVID-19 “Free Childcare” Policy’ [2024] Children and Youth Services Review (advance article, published online 13 March 2024) Abstract: From 2020, the COVID-19 global pandemic has highlighted the crucial role of childcare in the lives of families and children, as well as its economic importance to nation states. In Australia, pandemic effects threatened the childcare sector’s viability, leading to a period of ‘fee free’ childcare policy. After decades of rigorous marketisation, this unprecedented ‘fee free’ period dispelled the state illusion that market models are unmovable and was robustly supported by families and various other stakeholders. Yet, ‘fee-free childcare’ lasted only three months and childcare was the first industry to be removed from Commonwealth business relief payments. Drawing on these recent happenings, we revisit the question of whether economic free market models of childcare are legally and ethically appropriate policy and law in democratic countries that are signatories of major human rights conventions. To do this, we present and apply an interdisciplinary critical policy and legal analytical lens to the Australian COVID-19 childcare policy context, including the legislative solutions presented, their implementation and implications. To conclude, we posit alternative childcare policy approaches that we argue would orient childcare services within stronger legal and ethical frameworks.
Jannah, Shofiatul and Mohammad Afifulloh, ‘Islamic Legal Analysis of Obligation for Swab Tests as a Requirement for Marriage in the Era of Covid-19 Pandemic in Indonesia’ (2021) 16(2) AL-IHKAM: Jurnal Hukum & Pranata Sosial 450–475 Abstract: The Covid-19 pandemic gives many impacts on various aspects, including marriage service requirement. During the pandemic, it is required to comply with government policies, namely submitting negative Covid-19 Swab test results for prospective brides, witnesses, and marriage guardians. Due to the high spending for taking the test, some prefer to unregister the marriage and delay the schedule. This research is a literature study with a normative type. The data was obtained qualitatively through observation and analysis of the policy of the Ministry of Religious Affair, its impact on Indonesian society, and how Islamic law percieves the policy. The results show that the policy of the Ministry of Religious Affair number: P-001/DJ.III/Hk.007/07/2021 aimed to cope with the spread of Covid-19 virus which is increasingly rampant. Meanwhile, according to the Islamic law, it is a temporary requirement formulated to prevent harm and therefore, it is not a part of marriage pillar. Islamic law furthermore puts it as an effort to maintain the soul’s safety (hifdun al-nafs).
Joslin, Courtney G, ‘COVID and the Urgency of Parentage Reform’ (2021) Drexel Law Review (forthcoming) Abstract: This Essay highlights how the COVID-19 pandemic underscores the urgent need to reform outdated and discriminatory parentage laws.
Kadafi, Muhammad and Aditia Arief Firmanto, ‘Legal Analysis of Rising Divorce Cases: Impact of COVID-19 in Bandar Lampung, Indonesia’ (2024) 18(8) Revista de Gestão Social e Ambiental Article e05547 Abstract: This study aim to analyse the legal implications of increase in the divorce rate as a result of the Covid-19 pandemic at the Tanjungkarang Religious Court in Bandar Lampung, Indonesia. Additionally, the study seeks to identify the underlying factors that contributed to the occurrence of divorce at the Tanjungkarang Religious Court during the pandemic. This study found that during the Covid-19 pandemic, the Tanjungkarang Bandar Lampung-Indonesia Religious Court witnessed a surge in divorce petitions. June brings the highest volume of divorce cases. Divorce filings experienced a surge during the months of April, May, and June, as well as throughout the shutdown period. Second, divorce cases during the Covid-19 pandemic were precipitated by a variety of factors, with economic factors ranking highest. According to report data from the Tanjungkarang Religious Court, the factors of physical disability, imprisonment sentence, and coerced marriage account for the smallest number of divorce cases. Implications of the research: In order to promote resilience and well-being among families amidst the uncertainties of the current pandemic, it is possible for policymakers, legal practitioners, and community stakeholders to acknowledge the difficulties presented by the disease and devise focused interventions to assist individuals navigating the process of marital dissolution.
Key, Aimee and Lindsey Obenhaus, ‘COVID-19 and Family Law: What Every Attorney Needs to Know’ (2020) 83(5) Texas Bar Journal 310–311 Abstract: Extract from Introduction: In addition to transforming the way matters are handled in court, the COVID-19 pandemic poses a number of new issues for family law clients and their children, which are considered here.
Lathifah, Anthin, Briliyan Ernawati and Anwar Masduki, ‘Problems with the Islamic Legal System Regarding Child Marriages in Indonesia during the Covid-19 Pandemic Period’ (2022) 22(2) Ijtihad: Jurnal Wacana Hukum Islam dan Kemanusiaan 155–176 Abstract: The high number of child marriages during the Covid-19 pandemic period poses problems related to the Islamic legal system in Indonesia. This study aims to describe the problems of the Islamic legal system regarding the phenomenon of child marriages during the pandemic period in Indonesia. This paper is the result of a qualitative research with a socio-legal analysis approach, that is based on Friedman & Hayden’s legal system theory. The results of the study show that there are three substantial problems with the Islamic legal system, namely: (1) the problem associated with the legal substance where the Marriage Law stipulates the age of a bride to increase from 16 to 19-year-old as contained in article 7 paragraph (1) of the Marriage Law number 16 of 2019, while at the same time it enables child marriages to be carried out through a marital dispensation request, it acknowledges marital vows (ithbat), and there is an absence of legal sanctions for violating the Marriage Law; (2) the problem related to the legal structure of child marriages that is rooted in the formation, enforcement, and development of child marriage law; and (3) the problem of legal culture in relation to the legal behavior of child marriage, unregistered marriages (sirri) for minors, and the lack of social arrangements to promote the culture of marriage at a mature age. Therefore, this paper offers a reconstruction of the Islamic legal system in terms of legal substance, legal structure, and legal culture to minimize child marriage practices in Indonesia.
Leedam, Kirsty and Hannah Nicholls, ‘The Importance of Habitual Residence in International Children Proceedings after COVID-19’ (2020) 2 International Family Law 143–148 Abstract: Discusses the impact of the coronavirus pandemic on international children proceedings, including the extent to which the travel ban may have changed some children’s place of habitual residence. Details the factors determining such residence, how it is assessed, and how it may be lost.
Lessard, Michaël, ‘Coronavirus: Développements Récents En Droit de La Famille Concernant La Garde et l’accès Durant La Pandémie de La COVID-19 (Recent Developments in Québec Family Law Regarding Custody and Access During the COVID-19 Pandemic)’ [2020] (April) Repères 2983 English Abstract: The author describes the recent developments in Québec family law regarding the exercise of custody and access rights during the coronavirus pandemic (COVID-19). The developments discussed here are those that occurred between March 13 and April 13, 2020.
Lyon, Fiona, ‘The Surrogacy Journey’ (2020) 170(7900) New Law Journal 12–14 Abstract: Outlines the legal and practical steps involved in a surrogacy arrangement, including surrogacy agreements, parental orders, relevant case law, and the effects of COVID-19 on international surrogacy.
Masson, Amanda, ‘Reflections on Child Law in the Pandemic’ (2020) 166 Family Law Bulletin 1–3 Abstract: Summarises aspects of Scottish and UK child law which have been affected by the COVID-19 pandemic, including child contact arrangements and child welfare hearings.
McCosker, Alexandra, ‘Family Law: Parenting during a Pandemic: Best Interests of the Child Remain Paramount’ (2020) 66 LSJ: Law Society of NSW Journal 78–79 Abstract: Family law disputes have traditionally run the gauntlet of not only legal issues, but also the emotional and human elements that so often accompany such disputes. The COVID-19 pandemic has added an extra complication to the lives of many Australian families dealing with family law disputes. How are families to approach their family law issues during this time? The situation pertaining to the COVID-19 pandemic is constantly changing, and everyone living in Australia needs to ensure they are up-to-date with such changes as they arise. Given the evolving nature of the situation in New South Wales and the potential for significant or abrupt changes, this article is confined to providing an overview of the issues that may arise in family law matters during the COVID-19 pandemic and does not constitute legal advice.
Moyer, Rachel A et al, ‘Advocacy Services for Survivors of Intimate Partner Violence: Pivots and Lessons Learned during the COVID-19 Quarantine in Tacoma, Washington’ (2022) Family Court Review (advance article, published 6 March 2022) Abstract: The Crystal Judson Family Justice Center (CJFJC), like many advocacy programs for survivors of intimate partner violence, transformed its structure and operating procedures amid the COVID-19 pandemic. The first confirmed case of COVID-19 in the United States was in Washington State, where CJFJC is located, and Governor Jay Inslee acted quickly with a strict stay-at-home order. This paper describes the pre-pandemic, in-person service model used at CJFJC and then the transition to a fully online service model utilizing phone, email and online procedures and platforms. The rapid transition posed many opportunities to learn how to provide services during public pandemics, and how to provide services virtually. We conclude with detailed lessons learned from the experiences of filing domestic violence protection orders online, Zoom court hearings, innovation surrounding community partnerships, and information technology development.
Mozafari, Khadijeh, ‘Effects of Covid Epidemic on Family Regulations’ (2022) Journal of Law Research (advance article, published online 5 July 2022) Abstract: The prevalence of Covid 19 has affected all social and individual activities. It is obvious that the consequences of this pandemic have also spread to the family as a social and legal institution. Especially with the prolongation of the disease, in addition to economic effects, its legal effects can also be observed. Restrictions on preventing the spread of the disease can affect the rights and responsibilities of the family members. In these circumstances, it is necessary to identify the legal foundations that lead to changes in these rights and obligations. It seems that principals such as harmlessness (LaZarar), urgency (Ezterar) difficulty and embarrassment and avoid possible harm can help the Iranian legal system to find a suitable basis for adopting legal solutions in the family. After that, one can comment on each of the couple’s or parents’ responsibilities. Issues such as marital duties of the couple, meeting with the child, cohabitation of the couple, etc.in the event of an epidemic of a contagious disease, may be governed by different rules which can be clarified by using legal principles.
Mu’in, Fathul et al, ‘Reinterpretation of Livelihoods in Marriage Law and its Implications on Family Resistance in the Time and Post COVID-19’ (2021) 1(2) SMART: Journal of Sharia, Traditon, and Modernity 113–127Jurisdiction: Indonesia
Abstract: The rules regarding a living in Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law imposes the obligation to earn a living only on the husband. These two regulations create problems in society. Many wives demand a living from their husbands. Not a few wives also have jobs and income, but they are spent on their own needs, including for consumptive things, channeling hobbies and others because they think that fulfilling a living is not part of their obligations. This condition is coupled with the interpretation of a number of verses of the Qur’an and the traditions of the Prophet which are still patriarchal. The marriage law and a number of verses of the Qur’an and the Prophet’s hadith need to be reinterpreted. This is because the development of an increasingly advanced era makes the role of women not only as wives who only take care of the household, but also as one of the contributors to the economy. This research uses the library research method. This study concludes that the livelihoods in these two laws and regulations need to be updated to be relevant to current conditions. Supposedly, the wife also has the same obligation in matters of livelihood. The reinterpretation of livelihood using the interpretation of mubadalah is to produce the principle of mutuality. The wife can even be the main breadwinner under certain conditions. This interpretation has implications for the fulfillment of the family’s economy during the pandemic and post-covid-19 pandemic. Because, in difficult economic conditions, the wife participates in helping the family economy on a macro basis or even as the main provider in the household who changes places with her husband.
Nucera, Gianfranco Gabriele, ‘The Best Interests of the Child as the Helmsman for State Legislation and Regulatory Measures with an Impact on Children: The Case of COVID-19 Emergency Response’ [2023] (2) Familia 261–277Jurisdiction: Italy
Abstract: The outbreak of COVID-19 has produced serious consequences on children. The pandemic response has been characterized by a plethora of legal and administrative acts which did not fully consider the interests of children. Within situations like this, the guiding light for the adoption of regulatory measures with an impact on minors should be the principle of the best interests of the child. The paper, through a reconstruction of the legal value of the best interest of the child in international law as well as its substantial and procedural implementation at the domestic level, argues for the importance to fully consider the correct implementation of the principle within the first emergency health responses, taking advantage of the lessons learned in the case of pandemics.
O’Callaghan, Elaine, ‘Return Travel and Covid-19 as a Grave Risk of Harm in Hague Child Abduction Convention Cases’ (2021) 17(3) Journal of Private International Law 587–600 Abstract: Since February 2020, courts have been faced with many novel arguments concerning the Covid-19 pandemic in return proceedings under the ‘grave risk exception’ provided in Article 13(1)(b) of the 1980 Hague Convention. This article presents an analysis of judgments delivered by courts internationally which concern arguments regarding the safety of international travel in return proceedings during the Covid-19 pandemic. While courts have largely taken a restrictive approach, important clarity has been provided regarding the risk of contracting Covid-19 as against the grave risk of harm, as well as other factors such as ensuring a prompt return despite practical impediments raised by Covid-19 and about quarantine requirements in the context of return orders. Given that the pandemic is ongoing, it is important to reflect on this case law and anticipate possible future issues.
Pinem, Rasta Kurniawati Br and Fajaruddin Fajaruddin, ‘The Urgence of Marriage Guidelines for Children (Legal Protection for Child Marriage after Covid-19)’ (2022) 1(1) Tadarus Conference of International Islamic Civilization 84–92 Jurisdiction: Indonesia
Abstract: Covid-19 hit the world has caused many problems for children. One of them is study at Home by using a gadget that is not supervised by parents. Children are free to use their gadget, exploring unfiltered sites including porn sites that are free to watch. The number of child marriages is increasing nowadays. Child marriages are carried out by poor and less educated people. This declining welfare condition has forced parents to let their children marry. Closing schools when the economic situation worsens also makes many children considered a burden to families who are facing economic issues. Child marriage adds to the risks that children have to face during the pandemic, in addition to increasing violence and mental problems in children. The aim of this paper is to provide solutions in order to improve children’s future. Marriage guidance for unmarried and married children should continue to be improved. For those who are not married, the aim is to avoid child marriage, while for those who are married; they strive for the rights of children to be fulfilled. It is hoped that possible to maintain an existing marriage by being given a strengthening of faith, science in order to foster a household based on religious values. The method used in this paper is to collect some facts; from webinars, research papers, and those obtained through social media information that is believed to be the news. Furthermore, the data is searched and then rearranged according to the predetermined writing rules. The results obtained are the need for marriage guidance for children aged both unmarried (pre-marital; teenagers, married age), prospective brides and married couples under five years old; that aimed to provide reinforcement in order to maintain their marriage since they are vulnerable to problems.
Probert, Rebecca et al, ‘The Impact of Covid-19 on Legal Weddings and Non-Legally Binding Ceremonies’ (The Nuffield Foundation, University of Warwick School of Law, July 2022) Abstract: This report presents findings concerning the impact of Covid-19 on legal weddings and nonlegally binding ceremonies. It draws on a large-scale online survey of couples who had been planning to marry in 2020 and a project, funded by the Nuffield Foundation, exploring nonlegally binding wedding ceremonies.
Probert, Rebecca and Stephanie Pywell, ‘Love in the Time of Covid-19: A Case-Study of the Complex Laws Governing Weddings’ (2021) 41(4) Legal Studies 676–692 Abstract: During 2020, weddings were profoundly affected by the Covid-19 pandemic. During periods of lockdown few weddings could take place, and even afterwards restrictions on how they could be celebrated remained. To investigate the impact of such restrictions, we carried out a survey of those whose plans to marry in England and Wales had been affected by Covid-19. The 1,449 responses we received illustrated that the ease and speed with which couples had been able to marry, and sometimes whether they had been able to marry at all, had depended not merely on the national restrictions in place but on their chosen route into marriage. This highlights the complexity and antiquity of marriage law and reinforces the need for reform. The restrictions on weddings taking place also revealed the extent to which couples valued getting married as opposed to having a wedding. Understanding both the social and the legal dimension of weddings is important in informing recommendations as to how the law should be changed in the future, not merely to deal with similar crises but also to ensure that the general law is fit for purpose in the twenty-first century.
Radina, Ana, ‘The Child’s Right to Maintain Contact with Both Parents in the Age of Pandemic’ (2021) 5(EU 2021 – The Future of the EU in and After the Pandemic) EU and Comparative Law Issues and Challenges Series (ECLIC) 601–630 Abstract: The COVID-19 pandemic and the accompanying extraordinary measures engaged restrictions of fundamental human rights and liberties to an unprecedented scale. Inevitably, this had implications in the family context as well. Even though children are not considered to be an endangered category from a medical perspective, they are adversely affected by the pandemic in practically all aspects of life, in the short-term and in the long-term. One of the child’s rights directly affected is the right to maintain direct contact with both parents on a regular basis. Digital means of communication can somewhat mitigate the lack of personal contact, however, not everyone has access to the necessary technologies and there might be various disagreements about exercising such indirect contact. The closure of judiciary and social services placed the burden of resolving contact related disputes almost entirely upon parents. This paper aims to examine the relevant legal framework and measures taken in relation to the child’s right to maintain contact with both parents in the circumstances of the pandemic, with particular focus on the Croatian context and the response of the Croatian authorities to the challenges arising from this extraordinary situation, and to identify actions which could be taken in order to improve the child’s unfavourable position.
Reardon, Elizabeth, ‘Best Interests: Family Law Disputes about COVID-19 Vaccination’ [2022] (264) Ethos: Official Publication of the ACT Law Society 46–51 Abstract: Among the many additional challenges for separated families during the COVID-19 pandemic was whether or not to vaccinate their children. Elizabeth Reardon discusses several cases where parents sought a judicial determination to settle their disagreement.
Rebouché, Rachel, ‘Bargaining About Birth: Surrogacy Contracts During a Pandemic’ (2023) 100(4) Washington University Law Review 1265–1297 Abstract: Surrogacy contracts depend on the exchange of information. Intended parents want information about the surrogate’s pregnancy to make decisions regarding prenatal care, during-pregnancy behavior, and birth. Contract provisions can cater to those desires and support the broader assumption that parents should seek as much prenatal information as possible. Yet surrogates have the right, by statute and as patients, to manage their prenatal care and thus control information about their pregnancies. During the COVID-19 pandemic, travel restrictions, limits on hospital visits, vaccine mandates, and the threat of COVID contraction—with evolving understanding of effects on pregnant people and resulting children—upended the expectations of intended parents and surrogates. If anything, the pandemic encouraged intended parents to surveil the health of gestational surrogates because of the heightened threat of illness. The result was a change in contracting practices that ranged from incentives, such as ‘stay-at-home’ stipends for surrogates, to punitive measures, like the threat of liability under contract clauses governing prenatal behavior. More broadly, the pandemic has underscored the fragility of surrogacy arrangements and the surprising irrelevance of statutory protections when disputes about prenatal care arise. This essay assesses the challenges of negotiating, drafting, and enforcing gestational surrogacy contracts during the pandemic. It argues that new legislation in several states, which attempts to protect the interests of intended parents and surrogates through rights to parentage and bodily autonomy, respectively, is unlikely to affect what happens on the ground. Indeed, when conflicts arise, parties look to professionals, such as lawyers and fertility brokers, who in turn continue to rely on largely unenforceable contract provisions to diffuse conflict. These practices highlight the power of professionals and agencies—repeat players with their own agendas. Specifically, the question of vaccination highlighted the limits of honoring statutory and contractual commitments to surrogate autonomy and belie the assumption that surrogacy is an act of altruism, rather than economic exchange.
Ridgway, Phillip, ‘Family Law and Evidence: Covert Recordings in Family Law’ (2020) 72 LSJ: Law Society of NSW Journal 82–83 Abstract: COVID-19 has forced families into close confines for extended periods of time, not only during lockdowns, but also as a result of the work-from-home and home-schooling arrangements which have become commonplace as we navigate life during the pandemic .In March and April 2020, the Family Court recorded a 39 per cent increase in urgent applications filed. The rate of domestic violence has also spiked, with one survey by the Australian Institute of Criminology reporting a 53 per cent increase in the frequency and severity of family violence during the pandemic.Thanks to smartphones, most Australians now have a device at their fingertips which can make audio and video recordings at the click of a button. While the use of audio and video recordings in Family Court proceedings is not new, it seems almost inevitable that family law practitioners will soon face an increase in parents seeking to rely upon recordings taken surreptitiously during COVID lockdowns. It is therefore timely to consider whether such recordings are legal, whether they may have any use in Family Court proceedings, and the various matters to consider if a client presents you with such a recording.
Robins, Imogen, ‘Financial Remedies after COVID-19: What Can We Expect?’ (2020) 50(July) Family Law 904–908 Abstract: Discusses how the coronavirus pandemic may affect litigation for financial remedies on divorce. Considers the impact of lockdown on courts’ procedure, advantages of alternative dispute resolution, valuation of investments, and the possibility of varying existing orders.
Rosenberg, Lee, ‘Love and Family Law in the Time of COVID-19’ (2020) 52(2) NYSBA Family Law Review 4–12 Extract from Introduction: As New York State gradually entered ‘Phase 1’ and then moved forward to where are standing at the time of this editorial, those who practiced ‘family law’ were, with limited exceptions, incredulously considered ‘nonessential.’ How that was even remotely possible, given the kind of services we perform for families already in crisis, is an absurdity. The bench and bar and their staffs were given short-shrift, and families, except in the most exigent circumstances, could not get their day in court nor even file new actions for a prolonged period of time. Despite the court system requiring special ‘Matrimonial Rules’ for practicing in this field and the talk of the need to protect families, for some reason, it still feels as if other areas of law take precedence. It seems rare that any matrimonial lawyers are even asked to participate and serve on those task forces empowered to offer opinions on over-arching policy matters that affect what we do and those we represent. Clients and self-represented litigants frustrated—as the bench and bar were—with the lack of access to the system, which was finally and miraculously pulled into the age of technology, could not understand how they were in limbo at home as well as in court. Through it all, lawyers, judges, legal assistants, paralegals, court personnel, with a built-in need to serve justice, still had to rightfully worry about themselves and their own families. ‘Balance,’ a repeated mantra for some time now, but rarely found and usually beyond our grasp, is now thrust squarely to the forefront– sometimes as a mandate in our own households. And so, as we have transitioned to virtual appearances, electronic filing, and with in-person matters at hand—at least to some degree, where do we go from here and how does this still on-going experience affect the practice of law and the advice we give?
Saladino, Rosa and Suzanne Christie, ‘Family Law: The Limits of the “Hague Convention” in Child Abduction Cases’ (2020) 67 LSJ: Law Society of NSW Journal 84 Abstract: In the recent decision of ‘Walpole’ [2020] FamCAFC 65, the Full Court of the Family Court allowed an appeal against orders requiring two children aged three and two to return to New Zealand. The case was brought under the ‘Family Law (Child Abduction) Regulations 1986’ which give effect in Australia to the ‘Hague Convention on the Civil Aspects of International Child Abduction’. The case is one of the first to provide guidance as to how the Family Court might handle cases in the time of COVID 19.
Sari, Rosnida, Erwin Nur Rif’ah and Dina Tsalist Wildana, ‘The Phenomenon of Child Marriage in the Pandemic Based on Legal, Social and Health Studies’ (2023) 4(2) Indonesian Journal of Law and Society 41–59 Abstract: This research reviews the phenomenon of child marriage during the pandemic, from a legal, social and health perspective. Based on data from UNICEF, Indonesia ranks eighth in the world with the number of child marriages reaching 1.4 million children. Data on child marriage from the 2018 National Socio-Economic Survey recorded that the number of child marriages in Indonesia was quite high, reaching 1,220,900 incidents. This means that about 1 in 9 women aged 20-24 get married before the age of 18. This research was conducted in Jember Regency by taking 17 representations in 9 sub-districts. This study uses a qualitative method with an observation and interview approach. From the results of the study, it was found that a small proportion of informants were legally married at Religious Affair Office because they had not met the minimum age for marriage, which was 19 years. Some informants applied for a marriage dispensation at the Religious Courts, and some falsified the date of birth by increasing the age so that it meets the minimum age for marriage. Before getting married, a small number of informants got engaged first and most of them did not go through the engagement process. Informants who are engaged are usually engaged for a relatively long time, between 10 months to a year and then get married. Child marriage is against fundamental rights and freedom of children. The recommendation from this study is the need for more intense socialization about the rules of marriage age and the dangers of early marriage, especially related to their health.
Schmidt, Megan, ‘The Hidden Foster Care System: A Parallel System in Legal Limbo During A Deadly Pandemic’ (2022) 12(1) University of Miami Race & Social Justice Law Review 141–163 Abstract: In 2020, Josh Gupta-Kagan’s article on the American Hidden Foster System challenged the welfare system to face its coercive practices that effectuate in a child being removed from the home without formal state intervention and court oversight.1 Families find themselves struggling to stay together as child protection workers utilize threats and safety plans to force the removal of a child from the home and into the custody of a family member.2 The children’s, the parents’, and the kinship caregivers’ lives are forever impacted by the welfare state, yet they receive insufficient benefits or protections afforded to families, caregivers, and children placed in licensed foster care under the jurisdiction of the court.3 This paper will explore what Gupta-Kagan coined the ‘American Hidden Foster system’4 during the COVID era, as well as some solutions to the injustices these families face while in the system. Lastly, this paper hopes to offer an approach to balance the inevitable tension that surfaces when child welfare agencies push for ‘under the table’ removals while impoverished families desperately try to stay together.
Smyth, Bruce M et al, ‘COVID-19 in Australia: Impacts on Separated Families, Family Law Professionals, and Family Courts’ (2020) 58(4) 1022-1039 Family Court Review_ _Abstract: Around the globe, many families are experiencing significant anxieties linked to COVID-19. These include health concerns and economic pressures, both of which are frequently taking place against a backdrop of various levels of social isolation. In addition, many parents have been juggling home schooling requirements in the face of radically different work arrangements including the loss of employment altogether. Unsurprisingly, additional challenges and stresses are emerging for separated families, family law professionals, and family courts. In this article – written at a point-in-time in a rapidly evolving COVID-19 context – we reflect on key challenges for separated families in Australia, and some of the emerging professional responses.
Tully, Matthew Brunsdon, ‘Virtual Family Courts: The Effect on Participants’ (2021) 164(7) Solicitors Journal 44-47 Extract from Introduction: The covid-19 pandemic has changed all of our lives, in ways that would not have been imaginable for most of us before the first lockdown. For most lawyers, even those involved in litigation, which would ordinarily require them to attend court for hearings, working from home has become the norm, as have remote hearings. We are all trying to work out how this will affect our working practices in the future. Are we moving towards the era of the virtual justice system – and even the virtual law firm? Or are we going to see, at some point in the hoped-for, not too distant, future, a move back to in person meetings, the court building, and to the office, and something akin to ‘business as usual’? Or is the likely outcome somewhere in the middle – are we going to retain elements of working, and litigating, from home, but ultimately retain office space and the need for some hearings or alternative dispute resolution (ADR) to be in person?
Upchurch, Angela, ‘Parenting in a Post-Pandemic World: The Impact of COVID-19 on Custody Disputes’ (2023) 15 Elon Law Review 223-280 (forthcoming) Abstract: The Supreme Court has long held that parents have a fundamental right to the care and custody of their children. When parents divorce or are unable to share custody, child custody disputes can become volatile. Family law practitioners attempt to counsel their clients through conflicts and help them plan for potential future conflicts in agreed parenting plans. The COVID-19 pandemic brought uncertainty into the lives of many families. Schools were closed or moved to alternative forms of education, and many parents found themselves working from home. Court-ordered shared custodial arrangements were stressed with the disruption of family schedules and concerns associated with navigating a widespread and deadly novel virus. For families sharing custody, COVID-19 exacerbated tense parental relationships and interjected new and challenging legal issues for parents, legal practitioners, and courts. Courts were faced with determining whether the emergent nature of the initial COVID-19 lockdowns permitted a parent with primary custody to deny, or alter the nature of, visitation rights by the other parent. Pre-pandemic, a parent would not be permitted to adjust a visitation arrangement without consent or court approval. During the pandemic, however, courts faced challenges by parents who argued that they were not able to comply with visitation due to state-ordered lockdowns or due to the practical challenges and risks associated with the virus. Additionally, parents with primary custody sought to condition visitation on compliance with a variety of safety measures, including regular COVID-19 testing or vaccination of the other parent. Such requests were met with varied results. In addition, parents challenged prior custodial orders, seeking modification of physical and/or legal custody. Courts were asked to determine whether COVID-19 created a sufficient change in circumstances to permit a change in the custodial arrangement and whether a change would be in the child’s best interest. Courts were forced to re-evaluate how these legal standards should be applied in the context of an ever-evolving global public-health crisis. Not surprisingly, there were varied approaches taken by courts throughout the pandemic. This article examines the impact of COVID-19 on child custody disputes, focusing primarily on child custody modification determinations and the enforcement of visitation rights. It will examine how the pandemic influenced the role of the court in interjecting notions of public health concerns when resolving parental disputes. Additionally, this article will analyze the ways in which custodial determinations were impacted by the COVID-19 pandemic; it will examine possible implications on post-pandemic child custody disputes with an eye towards providing guidance to legal practitioners in drafting parenting plans to accommodate future disruptions that might arise due to future spikes in COVID-19 infections. Finally, this article will propose revisions to the current legal standard and procedure used for considering child custody modification petitions when large-scale disruptive events, like the pandemic, happen in the future.
Walklett, Chris, ‘Coronavirus and the Expert Witness: Valuation Instructions’ (2020) 50(July) Family Law 909–910 Abstract: Discusses how the coronavirus pandemic has affected share valuation for the purposes of financial remedies on divorce. Considers the significance of earnings, multiples and assets.
Wandana, Rano, Fairuz Sabiq and Indah Nurhidayati, ‘Legal Divorces During the Pandemic in the Religious Court of Sukoharjo, Indonesia’ (2022) 15(7) Baltic Journal of Law & Politics 421–434 Abstract: The purpose of this research is to describe and explain the meaning of divorce, the impact of divorce, the causes of divorce, and efforts to reduce divorce in PA Sukoharjo. This research method is descriptive qualitative with seven research subjects consisting of five widows and two widowers who experienced divorce during the pandemic at Sukoharjo PA. The results of this study are the emergence of divorce between husband and wife can have a major impact on the social status of women in society. Even though the marriage bond between husband and wife has been broken, the position and both parties towards children are the same in terms of maintenance and care education for children until the child is married or have grown up. Divorce in Sukoharjo PA was caused by infidelity, domestic violence, disputes and fights, as well as economic factors (the double burden of a wife and husband not providing a living). Divorce can have a negative impact on a child’s psychological condition. Reducing divorce cases can be done by limiting the age of marriage, pre-marital counseling for prospective brides, and effectiveness of the KKB (Population and Family Planning) and PK (Family Development) program activities.
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