ISFL WORLD CONFERENCE 2017

ISFL WORLD CONFERENCE 2017

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FAMILY LAW AND FAMILY REALITIES PRELIMINARY PROGRAM

  • Do family laws adequately reflect the realities of traditional families?
    • How do the rules of marriage law, marriage ideology and actual marriage practices correlate?
    • Are legal rules on divorce adequate for dealing with high-conflict divorces?
    • Do legal rules adequately reflect the de facto financial arrangements of the (ex)spouses?
    • Is post-divorce spousal maintenance obsolete?
    • Do legal rules on child support adequately reflect the needs of the children and the financial situations of the parents?

 

  • Do family laws adequately reflect the realities of non-traditional families? (e.g. unmarried couples; same-sex couples; families created through assisted reproductive technologies, planned lesbian parentage and surrogate-mother families; step-parent families; families with adopted children)
    • Do legal rules regulating the legal status of the relationships of the partners adequately reflect the realities of their relationship?
    • Do legal rules regulating financial matters adequately reflect the de facto financial arrangements of the (ex) partners?
    • Do legal rules governing the parental status (legal parentage; parental responsibilities) of legal/biological and social parents correspond with their de facto roles in the child’s life?

 

  • Does child law adequately reflect the reality of children’s evolving position within the family and society?
    • Do legal rules on child protection adequately accommodate the needs of vulnerable children?
    • Do legal rules of juvenile criminal law adequately accommodate the needs of vulnerable children?
    • Do legal rules governing the rights of the child adequately reflect the changing status of children within the family?

 

  • Do new and existing family laws work as their designers intended them to work?
  • How can we mediate the tensions between evidence-based law making and politics-driven law making?
  • What methods are best for evaluating the intended and unintended effects of family law laws?

 

  • Do family laws reflect the realities of families with elderly and/or disabled family members?
    • Do legal rules adequately reflect de facto care arrangements?
    • Do laws on maintenance and support adequately reflect the de facto financial care provided by family members?
    • Do traditional instruments aimed at protecting persons not able to take care of their own affairs meet the needs for tailor-made protection and empowerment of elderly and disabled persons?
    • Is there a role for new and creative instruments such (e.g., continuous or durable powers of attorney, health care proxies).Going forward, how can we achieve a better fit between family law and family realities?

 

  • Is there need for more interdisciplinary research?
  • What are the benefits and challenges of close cooperation between legal professionals and social scientists?
  • What are the benefits and challenges of cooperation between academics (e.g., researchers, professors, panels of experts) and law-makers (e.g., legislatures, drafting commissions)?