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Improving Parent-Child Relationships within the Divorced Family: A Call for Legal Reform

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dc.contributor.author Murray, John S.
dc.date.accessioned 2010-04-19T15:49:14Z
dc.date.available 2010-04-19T15:49:14Z
dc.date.issued 1986
dc.identifier.citation 19 U. Mich. J.L. Ref. 563 en_US
dc.identifier.uri http://hdl.handle.net/10601/620
dc.description.abstract The goal of the legal system should be to support the development of as positive and nurturing an environment for all members of a divorced family as possible within the behavioral limits determined by those members. Three questions follow from this objective: (1) What is the proper role for court adjudication in determining post-divorce parent-child relationships? (2) Is there value in applying the traditional concept of family autonomy within the divorce setting? (3) Can the elements of conflict among divorced family members be managed in a way more supportive of the psychological needs of the divorced family as a whole than done at present? In this Article, Professor Murray addresses these three questions within the framework provided by the goal to be achieved. Part I outlines the present system and its problems, discussing both its effects on divorced family members and the problems inherent in the exclusive custody rule. Part II builds a proposal for legal reform by first considering the effect of conflict within the family, then identifying five value guidelines that should control the relationships, and finally describing the proposal in detail. Part III analyzes the pros and cons of the reform proposal to determine whether its adoption could establish a healthier environment for the divorced family. en_US
dc.publisher University of Michigan Journal of Law Reform
dc.relation.uri http://heinonline.org/HOL/Page?public=false&handle=hein.journals/umijlr19&men_hide=false&men_tab=citnav&collection=journals&page=563
dc.relation.uri https://advance.lexis.com/api/document/collection/analytical-materials/id/3S3T-VM30-00CV-N1BM-00000-00?context=1000516
dc.subject Post-divorce parent-child relationships en_US
dc.subject Traditional concept of family autonomy en_US
dc.subject Conflict among divorced family members en_US
dc.title Improving Parent-Child Relationships within the Divorced Family: A Call for Legal Reform en_US
dc.type Article en_US

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