| How
many states have established a unified family court?
This
question is difficult to answer with a single number, matrix,
or map because "family court" can be defined both as a court
structure and/or court function, and no two states that have
addressed family case coordination in the justice system have
adopted the same solution.
Currently
NCJJ counts activity in 37 states. Click
here for more detail.
Selected
historical views for "Why a Family Court?"
1)
Statement by the leader of the first Family Court, Charles
W. Hoffman. Click
here
2)
Dean Roscoe Pound's 1959 Family Court article published alongside
the Standards Family Court Act. Click
Here
3)
Hon. William E. MacFaden's 1969 article concerning the excitement
around Family Courts in California, click
here, and a link to the view of another California judge,
Donna M. Petre, 30 years later, click
here.
NCJJ’s
collection of Family Court working Documents
Over the last 25 years, family courts have gained and lost
momentum in a host of state task forces, commissions, and
pilot efforts. The NCJJ libraries store a fair number of the
existing state taskforce reports, enrolled legislation and
rare independent evaluations of family court pilots. Among
the unpublished documents are sources for learning where other
states have traveled with the Family Court ideal—from
those that have carefully studied the issue, initiated pilots
and assessed their impact—to those that have introduced
the concept with a decree something like, “Each circuit
shall provide a family court restructuring plan by date certain
or the state court will impose a plan.” To download
an annotated bibliography that catalogs the NCJJ libraries
Family Court holdings click
here.
Examples
of Family Court Federalism
1)
The Tulsa District Court's Family Court Vision. Click
here
( Large file, may take some time to download. Saving the file
to your computer first and then opening it may help in download
time.)
2)
Link to the California Guide for growing Family Courts at
the local level. Click
here
3)
A 2001 Framework for encouraging the growth of Family Courts
by local interest in Ohio. Click
here
4)
Link to a series of concise newletter articles chronicling
efforts to pilot Family Courts in Ohio and develop and consolidate
juvenile and family law in a Family Code. Click
Here
What tests have state courts used to decide grandparent visitation
rights in families not divided by divorce? Courts
that have looked at the intact family issue have applied one
of three tests: Test One: requires that before visitation
can be ordered over the objection of the child's parent in
an intact family, the court must find actual harm to the child's
health or welfare without such visitation. The best interests
of the child in having such visitation are considered only
after the court finds harm if visitation is not ordered. Test
Two: requires proof of substantial potential danger of harm
to the child without grandparent visitation. Test Three: requires
the court to apply a totality of the circumstances test and
determine whether granting visitation would in be the child's
best interest.
Szymanski,
L. Grandparent Visitation Rights. NCJJ Snapshot 4(1).
Pittsburgh, PA: National Center for Juvenile Justice, 1999.
What
are Divorcing Parent Education programs?
The
intent of these programs is to educate parents about the divorce
process and its impact on adults and children alike through
teaching co-parenting skills and strategies so that parents
may continue to parent their children in a cooperative manner.
The hope is that such courses will minimize the potential
for short-term and long-term detrimental economic, emotional,
and educational effects of divorce on children. Courses vary
in length, but range from a minimum of 3 hours to a maximum
of 10 hours. Most courses are 4 hours long.
Szymanski,
L. Divorcing Parent Education Programs. Pittsburgh,
PA: National Center for Juvenile Justice, 1998.
Contact
the Family Court Resource Center at the National Center
for Juvenile Justice at
412-227-6950.
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