The Psychology of Family Law

The Psychology of Family Law

Author: Eve M. Brank

Publisher: NYU Press

Published: 2019-04-09

Total Pages: 243

ISBN-13: 1479870765

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Winner, 2021 Lawrence S. Wrightsman Book Award, given by the American Psychology-Law Society Bridges family law and current psychological research to shape understanding of legal doctrine and policy Family law encompasses legislation related to domestic relationships—marriages, parenthood, civil unions, guardianship, and more. No other area of law touches so closely to home, or is changing at such a rapid pace—in fact, family law is so dynamic precisely because it is inextricably intertwined with psychological issues such as human behavior, attitudes, and social norms. However, although psychology and family law may seem a natural partnership, both fields have much to learn from each other. Our laws often fail to take into account our empirical knowledge of psychology, falling back instead on faulty assumptions about human behavior. This book encourages our use of psychological research and methods to inform understandings of family law. It considers issues including child custody, intimate partner violence, marriage and divorce, and child and elder maltreatment. For each topic discussed, Eve Brank presents a case, statute, or legal principle that highlights the psychological issues involved, illuminating how psychological research either supports or opposes the legal principles in question, and placing particular emphasis on the areas that are still in need of further research. The volume identifies areas where psychology practice and research already have been or could be useful in molding legal doctrine and policy, and by providing psychology researchers with new ideas for legally relevant research.


Developmental Psychology for Family Law Professionals

Developmental Psychology for Family Law Professionals

Author: Benjamin D. Garber, PhD

Publisher: Springer Publishing Company

Published: 2009-09-09

Total Pages: 406

ISBN-13: 0826105262

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"[T]he best and most useful social science text I have read in a decadeÖ.It is comprehensive in its research and scope, clearly written and uses excellent case studies and examples to illustrate in simple terms what might otherwise be complex phenomena." --Dr. Tom Altobelli Federal Magistrate, Family Law Courts Sydney, Australia The goal of every family law professional and mental health practitioner is to improve family court outcomes in the best interests of the child. This book will assist readers in meeting this critical goal. Developmental Psychology for Family Law Professionals serves as a practical application of developmental theory to the practice of family law. This book helps family law and mental health professionals gain a broader understanding of each child's unique needs when in the midst of family crisis. It presents developmental theories with which professionals might better assess the developmental needs, synchronies, and trajectories of a given child. Ultimately, this book presents guidelines for making appropriate legal decisions and recommendations for children who have experienced crises such as abuse, neglect, relocation, divorce, and much more. Key topics include: Custodial schedules Foster and adoptive care Post-divorce disputes Termination of parental rights Psychological assessment and diagnosis Incarcerated parents and visitation rights Relocation and "distance parenting" Visitation resistance and refusal/reunification Parental Alienation/alignment and estrangement Theories of cognitive, language, and social development


The Psychology of Family Law

The Psychology of Family Law

Author: Eve M. Brank

Publisher: NYU Press

Published: 2019-04-09

Total Pages: 243

ISBN-13: 1479865419

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Bridges family law and current psychological research to shape understanding of legal doctrine and policy Family law encompasses legislation related to domestic relationships—marriages, parenthood, civil unions, guardianship, and more. No other area of law touches so closely to home, or is changing at such a rapid pace—in fact, family law is so dynamic precisely because it is inextricably intertwined with psychological issues such as human behavior, attitudes, and social norms. However, although psychology and family law may seem a natural partnership, both fields have much to learn from each other. Our laws often fail to take into account our empirical knowledge of psychology, falling back instead on faulty assumptions about human behavior. This book encourages our use of psychological research and methods to inform understandings of family law. It considers issues including child custody, intimate partner violence, marriage and divorce, and child and elder maltreatment. For each topic discussed, Eve Brank presents a case, statute, or legal principle that highlights the psychological issues involved, illuminating how psychological research either supports or opposes the legal principles in question, and placing particular emphasis on the areas that are still in need of further research. The volume identifies areas where psychology practice and research already have been or could be useful in molding legal doctrine and policy, and by providing psychology researchers with new ideas for legally relevant research.


Family Law

Family Law

Author: James Dwyer

Publisher: Aspen Publishing

Published: 2014-12-09

Total Pages: 1014

ISBN-13: 1454831553

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Family Law emphasizes the issues and skills most relevant to domestic relations practice. The text employs a novel and dramatic organization with three substantive units that compare the legal treatment of the parent-child relationship vs. adult intimate relationships at stages of formation, regulation, and dissolution. In keeping with the modern reorientation of the field, Family Law reflects the transition "From Partners to Parents" beginning with the creation of parent-child relationship rather than marriage. Its geographical breadth delivers more comparative materials than other texts, using examples from a variety of cultures to provoke "why don't we do this?" considerations. Each student-friendly chapter and section begins with a clear summary of current law that orients the reader before examining legal texts in detail. This structure invites theoretical critique only after a solid foundation is laid. Statutes are core to the text which gives proper emphasis to the vital skill of statutory interpretation in todays practice. Up-to-date material provides more recent cases than any other textbook. With an empirical emphasis, Family Law draws from the significant literature in sociology, psychology, anthropology and other fields so that legal analysis is grounded in real-life application. Focused questions direct students to the heart of the analysis, often using headings before questions to alert readers to the type of analysis required, for example: statutory interpretation, policy, client counseling, and moral theory. Features: Novel organization three substantive units compares legal treatment of parent-child relationship vs. adult intimate relationships considers stages of formation, regulation, and dissolution Reflects modern reorientation of the field in keeping with transition "From Partners to Parents" starts with creation of parent-child relationship rather than marriage Geographical breadth much more comparative material than current texts examples from other cultures lead to "why don't we do this?" considerations Student-friendly organization each chapter and section begins with clear summary of current law orients students before examining legal texts invites theoretical critique after foundation is laid Statutes at the core proper emphasis on the vital skill of statutory interpretation Up-to-date more recent cases than any other textbook Empirical emphasis draws from sociology, psychology, anthropology, and other fields grounds legal analysis in real world application Focused questions direct students to the heart of the analysis use headings to alert students as to the type of analysis required (e.g., statutory interpretation, policy, client counseling, moral theory)


Psychology in Family and Child Law

Psychology in Family and Child Law

Author: Celest L. Van Rooyen

Publisher:

Published: 2014

Total Pages: 0

ISBN-13: 9781846619991

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This fully updated work examines all relevant aspects of adult and child psychology in relation to family and child care law. Psychology deals with behaviour - and the behaviour of parents, other carers and children in relation to one another and the world at large has obvious interest to the courts which need to determine issues coming before them. The book adopts a practical approach and explains psychological concepts, including the measurements employed, so that professionals working in this area can gain an informed understanding of the subject matter. Where there is an overlap between psychology and psychiatry, this is given further detailed consideration.


Contemporary Issues in Family Law and Mental Health

Contemporary Issues in Family Law and Mental Health

Author: Michael G. Brock

Publisher: Charles C Thomas Publisher

Published: 2008

Total Pages: 160

ISBN-13: 0398078106

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"Contemporary Issues in Family Law and Mental Health is an original and practical discussion of cutting-edge issues in family relations and the law. Through the prism of family law, and custody disputes in particular, it discusses the basic principles that underlie the proper use of mental health evidence in court and it sets out the proper use of mental health evidence in litigation. In this book of twenty chapters, Michael G. Brock and Samuel Saks discuss many important topics: Facilitative and evaluative mediation, case preparation versus the expert witness, the privilege and ethics of forensic practice, therapy court, valid and invalid scientific evidence, false allegations of abuse, parental alienation, child advocacy, mental health forensics, and child therapy. In addition, the effect of the amendment to the Michigan Rule of Evidence 703 on expert testimony in court is examined, as well as the forensic interviewing protocol in child abuse cases, science and technology, and the search for truth. In several chapters, the authors also describe the problems involved in establishing child abuse in the courts. The book also includes the elements of child custody evaluations, the use of the polygraph test, and when child abuse constitutes malpractice. This engaging book will enrich the literature on family law and mental health. It will help shed light on the challenges and pitfalls that surround the use of mental health evidence in court."--BOOK JACKET.


Psychology and Law

Psychology and Law

Author: Ronald Roesch

Publisher: Springer Science & Business Media

Published: 2012-12-06

Total Pages: 467

ISBN-13: 1461548918

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As law is instituted by society to serve society, there can be no question that psychology plays an important and inevitable role in the legal process, clarifying or complicating legal issues. In this enlightening text, Roesch, Hart, Ogloff, and the contributors review all the key areas of the use of psychological expertise in civil, criminal, and family law. An impressive selection of academic scholars and legal professionals discusses the contributions that psychology brings to the legal arena. Topics examined in this insightful text include: juries and the current empirical literature witnesses and the validity of reports preventing mistaken convictions in eyewitness identification trials forensic assessment and treatment predicting violence in mentally and personality disordered individuals employment and discrimination new `best interests' standards for children in courts education and training in psychology and law, and ethical and legal contours of forensic psychology. The volume also features a noteworthy appendix on specialty guidelines for forensic psychologists. Psychology and Law collects a range of expert testimony in its thorough examination of the legal process, affording readers a unique survey of contemporary knowledge.


Divorce: A Psychosocial Study

Divorce: A Psychosocial Study

Author: Shelley Day Sclater

Publisher: Routledge

Published: 2017-07-05

Total Pages: 230

ISBN-13: 1351943278

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Several jurisdictions have attempted to render divorce more harmonious by abolishing matrimonial 'fault' and facilitating the resolution of divorce disputes by mediation. In Britain, these provisions appear in the Family Law Act 1996. The book presents a challenge to the underlying assumptions that conflict and the adversarial system are undesirable. Its focus is on adults’ experiences of divorce. In a series of interviews, divorcing people told their own stories of divorce. The personal narratives revealed that divorce can be emotionally traumatic, but it has positive sides too. The emotions of divorce are not pathological , but are readily explicable as ordinary human coping strategies , in the context of the real material privations that many divorcing people suffer. These coping strategies often involve conflict and acrimony. From a psychodynamic perspective, it is argued that these are integral, and psychologically necessary, aspects of the divorce process. This book is particularly topical in the light of the recent decision of the British Government to postpone the implementation of the Family Law Act 1996 and the acknowledged need for research to inform policy.


Psychology, Law, and the Wellbeing of Children

Psychology, Law, and the Wellbeing of Children

Author: Monica K. Miller

Publisher: Oxford University Press, USA

Published: 2014-02

Total Pages: 299

ISBN-13: 0199934215

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Unique in its angle and in the breadth of social issues it covers, this book brings together new research and analyses to address how legal actions affect children's wellbeing.