About: jhppa

The concept of legitimation represents a widening chasm at the intersection of immigration and family law. According to Gillian Chadwick the BIA (Bureau of Immigration Affairs) and courts’ persistent reliance on legitimation as a dispositive factor in determining who counts as a “real” family is increasingly at odds with family law’s...

In 2001, the Law Commission of Canada released its report Beyond Conjugality: Recognizing and Supporting Close Adult Relationships. The Report questioned whether marriage and conjugality should have any relevance as legal categories, and considered whether the state should get out of the business of regulating marriage altogether....

Our contemporary debates about the nature of sex, marriage, and family life are not new. A half millennium ago, the Protestant Reformation set off a comparably tumultuous sexual revolution that bitterly divided the Catholic and Protestant worlds. Over the next century, jurists and theologians used various natural law theories to develop a common foundation for Western family...

In a very recent case, brought to my attention by colleague Bruce Borosky, (See: Garcia v. Guiles, No. 1D17-5125 (Fla. Dist. Ct. App. Sept. 5, 2018)) the court held that in time sharing (referred to by the court as “child custody”) matters a GAL can authorize waiver of the...