A critique of virtual court for intimate partner abuse victims in child welfare cases: Another layer of disadvantage for female victims?

Parsons, Stephen

doi:10.1111/fcre.12582

Cited by 2 publications

(4 citation statements)

References 105 publications

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“…Cases in terms of this process that have been decided in the courts of first and second instance are indeed in accordance with the rules of law that are valid in accordance with the legislation normatively (Sprang, 2020), but the impact felt by the parties has not fulfilled the rights for children who will become victims, therefore the courts in the third and fourth instance provide different views in order to meet the existing deficiencies and evaluate and improve court decisions So that aspects of justice (Patterson & Farr, 2022), expediency, and legal certainty have been fulfilled, but coupled with the decision of the judge who seeks solutions and the final decision that must be upheld for litigants by considering children who are potential victims when prioritizing selfishness from the party concerned (Parsons, 2022).…”

Section: Resultsmentioning

confidence: 99%

Marriage Law in Religious Court: Regulation and Decision on Marital Property in Sustainable Legal Development

Jambunanda,

Fakhriah,

Supriyatni

et al. 2023

J. of Law and Sust. Develop.

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Objective: The issue of divorce cases in family court has implications, resulting in the division of marital property. The object of the dispute is the house that wants to be divided equally. The case was in court decision No.205/Pdt.G/2016/PA.Ab for first instance, until the appeal process No.01/Pdt.G/2017/PTA.Ab second instance, and Supreme Court No.159K/Ag./2018 third instance and final decision at fourth instance namely review No.6PK/Ag./2019. The difference from all court decisions in the same case is due to avoid discrimination on children's rights. Methods: Qualitative research by using case approach in marriage law concerning marital property, specifically discussing some of the cases and decisions mentioned above, as well as obtaining decisions from related courts that may be reviewed and some supported from the results of religious court reports, although there are some parts of the judgment that are not published on the basis of court secrecy that maintains the privacy of the litigant community Results: The courts of first and second instance determine and divide the objects normatively by 50% presentation, but the courts of third and fourth instance are different and opposite, and in the final judgment, the objects of dispute are suspended and not distributed. Conclusion: The judge's judgment in the case ignored the rights of children who were still young children. If the object of dispute is divided by 50% presentation, the object must be auctioned and sold and the proceeds divided in half, but the litigant has no other place to live to protect the child and will ignore the child who does not have another house to live for the child. So, the judge does not distribute the object until the child is an adult, restoring the right to the child who was neglected after the divorce.

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Section: Resultsmentioning

confidence: 99%

Marriage Law in Religious Court: Regulation and Decision on Marital Property in Sustainable Legal Development

Jambunanda,

Fakhriah,

Supriyatni

et al. 2023

J. of Law and Sust. Develop.

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show abstract

“…Female parents experiencing harm may suffer from a “credibility discount” to their believability or their experiences in virtual proceedings. This could compound the effect shown in other research in which mothers experiencing harm are “viewed through a lens of stigma, stereotype, paternalism, blame, and parental fault” (Parsons, 2022, p. 380). She also indicated that defendants have been viewed as less credible and more untrustworthy in virtual bail hearings and immigration cases (Parsons, 2022, p. 381).…”

Section: Challenges For Courts When Using Virtual Technologymentioning

confidence: 91%

“…This could compound the effect shown in other research in which mothers experiencing harm are “viewed through a lens of stigma, stereotype, paternalism, blame, and parental fault” (Parsons, 2022, p. 380). She also indicated that defendants have been viewed as less credible and more untrustworthy in virtual bail hearings and immigration cases (Parsons, 2022, p. 381). These valid concerns call for additional research, specifically for parents experiencing harm.…”

Section: Challenges For Courts When Using Virtual Technologymentioning

confidence: 91%

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Justice metamorphosis: Moving from reactive to proactive strategies to remotely protect families from intimate partner violence

Davis,

Vandenberg Van Zee,

Geiger

2023

Family Court Review

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The pandemic accelerated the adoption of remote access to courts through e‐filing and virtual hearings. Concurrently, courts experienced an increase in intimate partner violence cases due in part to heightened stress during the pandemic. Virtual technology became crucial for individuals seeking relief from harm when traditional support systems were limited. However, remote proceedings lack the personal connection found in‐person, making it challenging to handle complex cases involving parenting and intimate partner violence. Courts must strike a balance between protecting parents and children from abuse and ensuring due process and appropriate parenting time for the accused party. Some courts have considered the user experience in intimate partner violence and parenting cases, but as remote justice become the norm, it is essential for all courts to evaluate and refine the tools, policies, and procedures put in place during the emergency response to the pandemic to be more proactive in supporting court users. State courts in Kansas, North Carolina, and Arizona are cited as examples for efforts to enhance remote justice efficiency and quality in these cases involving intimate partner violence and parenting. Further research is recommended to explore the challenges and possibilities of using virtual technology in these situations.

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A critique of virtual court for intimate partner abuse victims in child welfare cases: Another layer of disadvantage for female victims?

Cited by 2 publications

References 105 publications

Marriage Law in Religious Court: Regulation and Decision on Marital Property in Sustainable Legal Development

Marriage Law in Religious Court: Regulation and Decision on Marital Property in Sustainable Legal Development

Justice metamorphosis: Moving from reactive to proactive strategies to remotely protect families from intimate partner violence

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