Expanding the Policy Infrastructure for Resolving Family-Related Disputes: Mediation as a Technology

Malia, Julia A.; Cunningham, Jo Lynn; MacMillan, Elsa; Wynn, Elaine

doi:10.2307/584737

Cited by 3 publications

(2 citation statements)

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“…Social science professionals who understand family law and serve as practitioners can support families who are facing court-related disputes. For example, family mediators-an impartial third person assisting families facing divorce, child custody, special education disputes, and other school-related conflicts-is one role of family professionals who might help to reduce conflict and to arrive at familial compromises that promote the best interests of children, parents, and grandparents (Emery & Wyer, 1987;Malia, Cunningham, & Wynn, 1995). Monroe (1988) focused on family scientists working with legislators, but the roles she outlined are transferable to work within the judicial system.…”

Section: Implications For Social Science Professionalsmentioning

confidence: 99%

Grandparent Visitation Rights

Henderson

2005

Journal of Family Issues

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The author examined 65 cases in which grandparents successfully acquired court-ordered visitation with their grandchildren to understand how courts shape family development and how social scientists might support families who are engaged in legal disputes. Using grounded theory methods, two categories explained grandparents' success at acquiring court-ordered visitation with their grandchildren: (a) serving the best interests of the child and (b) reflecting a slight shift in family law traditions. The second category, a shift in family law traditions, was made clear by these themes: (a) derivatives of rights, (b) intruding on the parental rights of adoptive parents, (c) balancing the rights of parents, children, and grandparents. Conclusions and suggestions for the role of social science professionals are offered that address the complexities of family law, grandparent visitation rights, and contemporary family issues.

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Section: Implications For Social Science Professionalsmentioning

confidence: 99%

Grandparent Visitation Rights

Henderson

2005

Journal of Family Issues

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“…For example, we have witnessed the increasingly important role mediators play as an impartial third person assisting families facing divorce, child custody, special education disputes, and other school‐related conflicts. This is one career choice of family professionals interested in the intersection of families and the law (Emery & Wyer, 1987; Malia, Cummingham, & Wynn, 1995), as a practitioner who is well‐served by the type of scholarly research presented herein. Monroe (1988) focused on family scientists working in a legislative domain, but the roles she outlined are transferable to work within the judicial system.…”

Section: Law Articles Published In Family Relationsmentioning

confidence: 99%

Introduction to the Special Collection on the Intersection of Families and the Law*

Henderson¹,

Monroe²

2002

Family Relations

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Grandparent Visitation Rights

Henderson

Moran

2001

Journal of Family Issues

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The purpose of this research was to examine mostly state supreme and appellant court cases from across the country that were brought under state grandparent visitation right statutes. We systematically analyzed justices' legal reasoning in 67 cases that favored parents. Themes derived from the data explained why parental rights superceded the rights of grandparents. Grandparent visitation that unfairly intruded on parental rights and failed to serve the best interest of the child were two themes that explained justices' legal reasoning. That grandparents failed to follow legal requirements including those in state grandparent visitation statutes was the predominate theme that explained how justices protected parental rights over that of grandparents.

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Expanding the Policy Infrastructure for Resolving Family-Related Disputes: Mediation as a Technology

Cited by 3 publications

References 0 publications

Grandparent Visitation Rights

Grandparent Visitation Rights

Introduction to the Special Collection on the Intersection of Families and the Law*

Grandparent Visitation Rights

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