Wiley-Online-Library: Family Court Review: Table of Contents

Introduction to the special issue: Eldering in family law

Linda Fieldstone, Sue Bronson — Tue, 19 May 2026 19:08:25 -0700

Family Court Review, Volume 64, Issue 2, Page 176-177, April 2026.

Editorial note

Barbara A. Babb, Michael A. Saini — Tue, 19 May 2026 19:08:25 -0700

Family Court Review, Volume 64, Issue 2, Page 174-175, April 2026.

Seventh roundtable on nonmarriage and the law: Introduction

Tue, 19 May 2026 19:08:25 -0700

Family Court Review, Volume 64, Issue 2, Page 333-334, April 2026.

Issue Information

Tue, 19 May 2026 19:08:25 -0700

Family Court Review, Volume 64, Issue 2, Page 169-173, April 2026.

Numbers never lie: Streamlining financial elder abuse claims in relation to article 81 proceedings

Michael D. Kaplan — Tue, 19 May 2026 19:08:25 -0700

Abstract

Despite receiving major reform in the form of Article 81, there is a great need for continued improvement of guardianship proceedings. People suffering from neurodegenerative diseases are particularly susceptible to financial abuse. The current guardianship system requires enhancements to ensure that incapacitated adults are not being taken advantage of through their reliance on the assistance provided by Article 81. The proposed reform will institute a system similar to that employed by the Integrated Domestic Violence Courts in Family Court.

The greatest good is what we do for one another: The United Arab Emirates legalizes surrogacy

Rhea Mayall — Tue, 19 May 2026 19:08:25 -0700

Abstract

The enactment of Federal Decree Law No. 17 of 2023 amended the law on surrogacy in the United Arab Emirates (UAE). Those living in the UAE now have the option and flexibility to embark on their surrogacy journey. The removal of a prior ban on surrogacy reflects the cultural development and modernization of a predominantly Muslim country that is largely governed by Islamic law. This note explores the surrogacy framework in the UAE, focusing primarily on Dubai, and proposes local legislation to provide protection and prevent the exploitation of Emirati surrogate women throughout the entire process.

No cap, that's a lot of money: The legal obligations for college funding by unmarried and divorced parents

Jessica J. Laguerre — Tue, 19 May 2026 19:08:25 -0700

Abstract

In an intact family, the parents can decide together how much they are willing to contribute to their child(ren)'s post-secondary education, regardless of their financial ability. However, this right can be taken away from divorced/unmarried parents. In New York, the court has authority to order the non-custodial parent to pay a percentage of their child(ren)'s college education. There is no limit on the amount the court can order nor a set percentage. These cases are being decided on a case-by-case basis through judicial discretion. The current approach is if the non-custodial parent can “afford it,” the court may order it.

Justice, money or both: IDEA and the need for a definitive cause of action for counsel fees

Dean J. Musto — Tue, 19 May 2026 19:08:25 -0700

Abstract

Federal law allows either the parents or the opposing school district to reclaim attorney's fees upon winning a due process hearing. However, the Circuits of the United States Courts of Appeals are divided on if a fees action is either ancillary or independent from the special education litigation due to Congressional silence. When the Circuits adopted different state limitation periods from state law, it created varying results across the nation. This note explores the Circuit divide and proposes an amendment to federal legislation creating a definitive statutory period and considers a pendente lite approach to the hearing discovery process.

Cold war maternalism: The ideological legacy of Operation Babylift and intercountry adoption law

Rong Tao Kohtz — Tue, 19 May 2026 19:08:25 -0700

Abstract

By examining the ideological legacy of Operation Babylift, this article explores the interplay of ideology, power, and intercountry adoption law. Operation Babylift, a U.S. military humanitarian mission in April 1975, airlifted 2,547 children from Vietnam for adoption abroad. Among these adoptees, approximately 1,000 had no valid parental consent or proper documentation. Nguyen v. Kissinger—a class action on behalf of the Operation Babylift adoptees and dozens of lawsuits by some adoptees’ mothers were brought in American courts for the adoptees’ reunification with their mothers and families. The article recounts the rise of Cold War maternalism that laid the ideological and political groundwork for Operation Babylift. Tracing the legislative and policy changes intercountry adoption laws in both South Vietnam and the United States, the article demonstrates how Cold War maternalism eroded legal protections for Vietnamese parents and children American adoption from Vietnam. Through analyses of the reunification cases stemmed from Operation Babylift, the article illustrates the tension and struggles between Cold War maternalism and American courts’ commitment and limitations in protecting the Vietnamese mothers’ parental rights. The article concludes that intercountry adoption law must move away from separating the child's wellbeing from their mother's rights to effectively prevent systemic injustice.

Family‐making with the gametes of the deceased

Pamela Laufer‐Ukeles — Tue, 19 May 2026 19:08:25 -0700

Abstract

This article discusses post humous reproduction (PHR), beginning with the Israeli context and the narrow circumstances in which family members may desire to bring to life offspring of deceased kin. However, I argue that the lessons and implications of PHR reach well beyond this narrow context. First, Israel is not that unique and PHR is part of a shift in reproduction towards control and design of offspring. Second, this relatively narrow context provides broader lessons about defining parenthood, whose interests matter in family law, and the centrality of children's rights and interests. I argue that PHR is not an inquiry into rights—as there is no individual family member who retains rights to the sperm of the deceased—but an inquiry into policymaking. Instead of focusing on competing rights, the questions that frame the discussion should be: What kinds of families should society promote? How can children's interests be best protected? Can such interests be promoted through allowing PHR? Instead, the questions that frame the discussion should be: What kinds of families should society promote? How can children's interests be best protected? Can children's interests be promoted through allowing PHR?

Elder justice: Considerations for LGBTQ+ family systems

Sherrill Wayland, Carey Candrian, Lori Mars — Tue, 19 May 2026 19:08:25 -0700

Abstract

A lifetime of discrimination, stigma, and harassment for LGBTQ+ older adults may be the source of legal conflict or the lens through which family court matters are perceived and litigated. Interdisciplinary family law professionals must understand the historical context and challenges facing LGBTQ+ older adults to meaningfully and competently work with this community. This article examines older LGBTQ+ family systems and intersections with family law professionals. The compounded stigma within legal and familial structures can increase the risk of elder abuse and neglect for this community. Every situation is different and every family is unique, but opportunities for better outcomes are possible when we support LGBTQ+ family connections.

Widening our professional lenses: “Eldering” as a systemic imperative

Linda Fieldstone, Sue Bronson — Tue, 19 May 2026 19:08:25 -0700

Abstract

The concept of “eldering” frames aging as an evolving, relational facet within families applicable to diverse legal and cultural contexts. By broadening our professional lenses, we can more effectively respond to the complex, layered interdependent intricacies of families, and the needs of the individuals within, as they evolve through time. This article incorporates valuable insights from this Family Court Review Special Issue and offers a guide for professionals and the court to bridge the gaps between outdated norms and lived realities of family systems, benefitting multigenerations, practitioners, and the court.

Safe harbors and stable connections? The relationships between grandparents and grandchildren

April Harris‐Britt, Ann Ordway — Tue, 19 May 2026 19:08:25 -0700

Abstract

Grandparents can play a variety of roles in the lives of their grandchildren, ranging from occasional visitor to full-time caregiver, representing a stabilizing force or a source of conflict. Grandparents' level of engagement varies according to cultural norms, familial need for support, and legal determinations. Research suggests that children benefit from the presence of supportive and involved grandparents and perhaps lose out on opportunities for social capital when grandparents are absent from their lives. This article discusses the roles and relationships between grandparents and grandchildren, highlights the impact of those relationships on both, and outlines various legal implications for understanding grandparenting within the context of family law cases.

Meeting the health, financial and legal challenges of stepfamilies in later life: White coats, green dollars, and special teacups

Naomi Cahn, Patricia Papernow — Tue, 19 May 2026 19:08:25 -0700

Abstract

Longtime stepfamilies and later-life re-couplers with adult children from previous relationships are a growing demographic. Legal default assumptions are designed for younger first-time families, not for aging families or stepfamilies. However, for stepcouples who plan, and who document their wishes, the legal landscape allows for later-life stepcouples to exercise choice and create individualized alternatives. This article addresses normal challenges created by stepfamily structure that impact later-life “blended families” in three areas: health and end-of-life decision making, later-life financial management, and inheritance plans that consider both the current partner and children of previous relationships. Throughout, this article addresses the importance of using a stepfamily lens, not a first-time family lens.

The impact of divorce‐related relocation for Dutch children: An empirical‐legal survey study

Loran Kostense — Tue, 19 May 2026 19:08:25 -0700

Abstract

Parental divorce has been associated with adverse child outcomes, potentially exacerbated by additional disruptions like relocation. However, empirical research remains limited, particularly in the Netherlands, where no data currently inform judicial decision-making. This study addresses this gap by surveying 418 Dutch participants (ages 16–35), comparing three groups with different childhood experiences, including divorce-related relocation. Psychological, behavioral, and relational outcomes were assessed, controlling for parental conflict intensity, domestic violence, elapsed time, and other life stressors. Due to the limited number of recent divorce cases in the sample, findings primarily reflect long-term effects, potentially explaining the absence of certain associations and suggesting a “fading” effect over time. Contrary to prior research, psychological and behavioral outcomes are linked not to divorce and relocation, but to parental conflict and stressful life events. Father-child relationship quality correlates negatively with both divorce and relocation, though relocation does not exacerbate this effect. In contrast, mother–child relationship quality appears negatively associated with relocation, influenced by parental conflict and life stressors. Participants experiencing relocation report the highest levels of parental conflict intensity and domestic violence, suggesting a heightened exposure to conflict. Professionals handling relocation cases should consider the broader family dynamics. However, as results reflect averages, they may not apply to every case.

Marriage as a legal gateway to care: Legal entitlement and gender inequality in the 2020 and 2025 Korean time use survey

Sooyoung Kim — Tue, 19 May 2026 19:08:25 -0700

Abstract

This article examines caregiving inequality in South Korea through an integrated legal-empirical analysis of the Korean Time Use Survey (KTUS), constitutional interpretation, and family and labor law architecture. Rather than treating low fertility as a policy failure to be corrected, it approaches demographic decline as an aggregation of private choices, or a structural outcome reflecting how caregiving is legally recognized, institutionally allocated, and culturally mediated. Drawing on repeated cross-sectional data from the 2019–2020 and 2024–2025 cycles of the KTUS, the article demonstrates that marriage has not functioned as a site of gender-equal redistribution of care. By enabling longitudinal comparison of daily caregiving practices, the Survey serves as an empirical tool for evaluating whether formally gender-neutral legal entitlements translate into substantive equality in everyday life. Both cycles of the KTUS show that unpaid care work remains persistently feminized within marriage, while caregivers outside legal marriage are structurally excluded from labor-law protections. The article further analyzes how Korean family and labor law allocate caregiving entitlements through marriage- and lineage-based definitions derived from the Civil Act. Although labor statutes are framed in gender-neutral terms, parental and spousal leave operate not according to caregiving function, but through compliance with marital form. This structure presumes that marriage reliably organizes care and internalizes dependency—a presumption that is empirically and doctrinally unsustainable. By tracing the interaction between empirical patterns, constitutional principles of equality and dignity, and labor-law entitlement design, the article argues that formally gender-neutral caregiving rights produce substantively unequal outcomes when filtered through marital status, raising a constitutional question about whether the adequacy of marital status as the gateway to care protection may continue.

The coming of age: Why aging matters in family law and public policy

Alexandra Crampton, Randall D. Fuller — Tue, 19 May 2026 19:08:25 -0700

Abstract

Demographic trends manifest in family law cases, and this article examines the demographic factor of age. Beyond metaphors of a “graying society,” population aging affects family structures, caregiving responsibilities, and legal disputes. Through a U.S. perspective with comparative insights, this article highlights how aging intersects with custody, divorce, domestic violence, multigenerational interdependencies and responsibilities, and family conflict dynamics. Case studies illustrate why age-inclusive approaches and multigenerational perspectives on family cases can facilitate dispute resolution. We also extend attention to the aging of family law professionals as we increasingly work in multigenerational spaces with potentially difficult conversations around capacity and retirement.

Psychometric validation and comparative analysis of the eldercaring conflict checklist (ECC): Evaluating the short form version

Michael Saini, Linda Fieldstone, Sue Bronson — Tue, 19 May 2026 19:08:25 -0700

Abstract

The Eldercaring Conflict Checklist (ECC) was initially developed as a comprehensive 70-item measure to assess eldercaring family conflicts. The ECC short-form offers a more practical version for use by professionals while retaining psychometric integrity. Two studies involving a total sample of 354 family and eldercare professionals were combined to assess the newly created 28-item ECC. Results found the short-form reliable in terms of total score and across subdomains. Participants valued the ECC as a practical screening tool adaptable to diverse eldercaring contexts. Implications include more intentional selection of interventions for multigenerational families based on the severity and typology of conflicts identified.

Exploring eldercaring coordination as a way to safeguard the rights of older people: A case study from South Australia

Eileen O'Brien, Ben Livings, Dale Bagshaw — Tue, 19 May 2026 19:08:25 -0700

Abstract

This article examines a 19-month pilot introducing eldercaring coordination to Australia through collaboration between the University of South Australia and Relationships Australia South Australia. The research demonstrates that eldercaring coordination enhances existing tools for courts and professionals while complementing Australia's progression toward supported decision-making and addressing high-conflict, complex family cases. Eldercaring coordination offers tiered intervention, maintaining autonomy while providing professional oversight for high-conflict situations. Integration into Australia's elder support frameworks would provide professionals with an evidence-based tool for managing complex disputes while enhancing relationships.

Narrative ethics as an eldering paradigm

Fran Tetunic, DeLila S. Bergan — Tue, 19 May 2026 19:08:25 -0700

Abstract

This article explores how interdisciplinary family law professionals can use narrative ethics to elevate the voice of older adults and benefit multiple generations of family members. Narrative Ethics is the study of the way in which an individual tells us a story and the way in which we listen to that story. We offer a hypothetical older adult's story as we consider the application of narrative ethics to the story and discuss relevant professional ethical codes and standards for various professions. We then reflect on the practical application of narrative ethics and ethical obligations in our professional lives.

Estrangement is a systems issue

Sarah Whiting, Joshua Coleman — Tue, 19 May 2026 19:08:25 -0700

Abstract

This article examines the breakdown of relationships between adult children and their parent(s) through a family systems approach. Estrangement arises from complex interactions, intergenerational patterns, unmet needs, unresolved conflicts, individualism, and external influences. The article emphasizes how professional interventions can strengthen family ties and support healthier boundaries and dialogue rather than intensifying family divides. This perspective challenges traditional fault-based narratives and calls for innovative legal and therapeutic strategies that address the family system as a whole. Professionals and courts can either reinforce divisions or support healthier boundaries and dialogue. This system's perspective underscores the need for collaborative, interdisciplinary approaches that prioritize respect, healing, and long-term family resilience.

A silent killer: What parental alienation is, its damaging effects, and the need for more recognition

Vincenzo D'Angelo — Fri, 09 Jan 2026 22:44:08 -0800

Abstract

Parental alienation is a phenomenon that has not yet been fully grasped in the legal world. It is the process of sabotaging a child's relationship with one of their parents so that the child forms contempt for that parent. The lasting effect of this process is alarmingly profound regarding a child's relationship with their parents, thus stunting their personal growth. This note explores more deeply into what parental alienation is and acts as a call to the courts to take this type of behavior more seriously by codifying this dangerous behavior in certain standards and statutes.