The eighteen essays in this volume cover a wide range of material and revaluate women's studies and Middle Eastern studies, Muslim women and the Shari's courts, the Ottoman household, Dhimmi communities, children and family law, morality, and violence.

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Unfulfilled legal needs are at a tipping point in much of the Canadian justice system. The Justice Crisis assesses what is and isn't working in efforts to strengthen a fundamental right of democratic citizenship: access to civil and family justice. Contributors to this wide-ranging overview of recent empirical research address key issues: the extent and cost of unmet legal needs; the role of public funding; connections between legal and social exclusion among vulnerable populations; the value of new legal pathways; the provision of justice services beyond the courts and lawyers; and the need for a culture change within the justice system.

What is a family? What makes someone a parent? What rights should children have? Family Law: A Very Short Introduction gives the reader an insight not only into what the law is, but why it is the way it is. It examines how laws have had to respond to social changes in family life, from rapidly rising divorce rates to surrogate mothers, and gives insight into family courts which are required to deal with the chaos of family life and often struggle to keep up-to-date with the social and scientific changes which affect it. It also looks to the future: what will families look like in the years ahead? What new dilemmas will the courts face? ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

In this radical critique, Professor O'Donovan challenges conventional textbooks which assume that marriage is the essential feature of family life and that the patriarchal unit remains dominant. She shows how the key players in family law discourse - women and children - are largely excluded and argues that it is the birth of children, rather than marriage, which is the constitutive element of the family.

This book, a conference volume compiled by scholars and federal offices, examines family violence and the quality of research contributed to the field thus far.

"Child support in America is a national disgrace. There is no more widespread and profoundly consequential example of lawlessness in our society today than fathers' refusal to care for their children after divorce."-Joseph I. Lieberman More than half the men in America who have been told by a judge to pay child support disobey the order, forcing millions of mothers and children to live in poverty. In this much-needed book, Joseph I. Lieberman, attorney general of Connecticut and one of the country's leading experts on the child-support problem, explains the laws and offers practical guidance on how women can avoid becoming victims of nonsupport. The first step is to arrive at an agreement that has a chance of being followed. The book therefore describes in detail the factors that should be considered in negotiating a fair settlement-for example, how to determine the child's needs at present and in the future; how to determine the father's ability to pay and the mother's to contribute; and how to protect the child's financial rights in the event of the death of the father or his remarriage or relocation. Later chapters provide advice on applying for a needed increase in the amount of child support-and on countering the father's efforts to reduce his obligations. Throughout the book, Lieberman focuses on workable solutions. For the individual mother, this may mean taking various steps to see that an existing law is enforced by the courts. From a broader perspective, Lieberman argues for forceful new state laws that will automatically subtract child support from a father's income-whether it be wages, bonuses, unemployment compensation, or retirement benefits. Child Support in America includes a directory of the state agencies charged with enforcing the law and of the national organizations that are working to reform legislation. The book will be an invaluable reference for lawyers, social workers, and others who advise custodial parents as well as for men and women embroiled in child support disputes. "Child Support in America Is the most comprehensive and easily understood guide for women in big trouble currently available. Many children could be saved if both fathers and mothers would just read Lieberman's book before they go to court in divorce matters. He walks the layman through the law's thorny thicket better and more cheaply than the expensive divorce lawyers most people usually hire."-Justice Richard Neely, Supreme Court of Appeals, West Virginia "A passionate book about the dismal state of child support enforcement laws."-Jay Katz, Yale Law School

This book is written for academics, students, policymakers, practitioners, and non-governmental organisations interested in the legal recognition of LGBT+ parenting. The book presents arguments in favour of the legal recognition of gay and lesbian families that are based on consideration of the best interests of the child. In this context, 'best interests' is informed by reference to children's rights and to social science data. Applied in this manner, it is argued that the best interests of children can be used to demand that same-sex parenting arrangements are afforded legal recognition and protection. Suggestions are also presented as to the most appropriate manner of providing for this recognition in the areas of parental responsibility, adoption, donor-conception and surrogacy. These suggestions are drawn from comparative case studies, focusing on England and Wales, Ireland and South Africa, that are used to facilitate assessment of the best interests principle.

The right to divorce is a symbol of individual liberty and gender equality under the law, but in practice it is anything but equitable. Family Law in Action reveals the persistent class and gender inequalities embedded in the process of separation and its aftermath in Quebec and France. Drawing on empirical research conducted on their respective court and welfare systems, Emilie Biland analyzes how men and women in both places encounter the law and its representatives in ways that affect their personal and professional lives. This rigorous but compassionate study encourages governments to make good on the emancipatory promise enshrined in divorce law.

As the only practitioner title with detailed practical guidance and advice in this area, this is a comprehensive work written by a private client solicitor who has 30 years' experience of practice, and is a regular speaker at conferences on the subject. No professional faced with this ever-increasing area of law, should be without it. It enables solicitors and other professionals to be more proactive in protecting their older clients. It describes the rise in financial abuse, explains how to spot warning signs, provides awareness of various elements of legal protection and demonstrates that change is needed in the current system. Topics covered include: - Financial abuse issues for care homes (new to this edition) - Grooming for financial abuse (new to this edition) - Who is vulnerable to financial abuse? - Who are the perpetrators and why? - The forms financial abuse takes - How to prevent financial abuse The Second Edition also includes: - Statistics showing the prevalence of financial abuse - Commentary on recent case law, legislation and industry reports including: - Section 76 of the Serious Crime Act 2015 - coercive control legislation - Banking and financial services - Review of HMLR protections for property owners - Review of all OPG and COP recent guidance and practice notes - Updated information about care allowance rules - Case law on retrospective approval of gifts - Discussion of a deputy's authority to litigate It also covers cases with issues particular to jurisdictions such as the Republic of Ireland, USA, Scotland, Wales and Northern Ireland.

This book contains an in-depth legal analysis of Article 12 of the UN Convention on the Rights of the Child, the European Convention on Human Rights, the European Convention on the Exercise of Children's Rights, the Council of Europe's Guidelines on Child-Friendly Justice and Recommendation on the participation of children, and the European Union Charter of Fundamental Rights. The result is a comprehensive assessment of the child's right to participate in family law proceedings, providing the first complete analysis of the international and European human rights instruments in this field. Of note, the book's analysis of the case law of the European Court of Human Rights is unique, in both the inclusion of all of the Court's judgments and decisions on child participation as well as the application of an innovative and rigorous method of qualitative content analysis. This book therefore provides a greater understanding of the child's right to participate under Article 8 of the European Convention on Human Rights. Throughout the book, five key themes are addressed: the right to express views, due weight accorded to a child's views, the relevance of the child's age and maturity, the issue of undue influence, and the relevance of information and practical affairs. The standards provided in each of the instruments studied are compared and critically reflected upon. This book sets out the international and European framework for child participation and discusses critically how this framework can be further aligned and strengthened. New insights are reflected upon and recommendations made for the implementation and improvement of child participation rights at national and international levels.The Child's Right to Participate in Family Law Family Law Proceedings: Represented, Heard or Silenced? is a must read for scholars, family justice professionals, policy makers, and all persons working in the fields of children's rights and family law.

Law and Mourning brings together a distinguished group of scholars to explore the many and complex ways that law both regulates and gives meaning to our experience of loss. The essays in this volume illuminate how law helps us to absorb and contend with loss and its reverberations, channeling the powerful emotions associated with death and protecting those vulnerable to them. At the same time, law creates a regulatory framework for death as it establishes the necessity for a clear demarcation of the boundary between life and death, defines what we can and cannot do with the remains of the dead, and creates both privileges and disabilities for survivors. The contributors to the volume also explore how mourning generates critiques of existing legal and political orders which seem compelled by calls from the dead, unleashing an indifference to legal consequences in survivors that can undermine or destroy law. In addition to the editors, the contributors include Andrea Brady, Catherine Kellogg, Shai Lavi, Ray Madoff, Ann Pelligrini, and Mark Sanders.

In dem Band werden die Grundlagen, Entwicklungen, Diskurse und empirischen Wirklichkeiten familienanaloger Formen der Hilfen zur Erziehung diskutiert. Auf der Basis empirischer Befunde zum Alltag in familienahnlichen Arrangements werden Spezifika eines stationaren Angebotes eroertert, das sich durch institutionelle wie familiale Anteile auszeichnet.

This volume brings together new essays in law and philosophy on a broad range of topics in children's and family law. It is the first volume to bring together essays by legal scholars and philosophers for an integrated, critical analysis of key issues in this area, marking the 'coming of age' of a comparatively new field of family law. Debates in children's and family law are at once theoretical and empirical in nature. Not only does children's and family law have significant consequences for individuals' intimate lives, the field's impact on lived experience highlights the socially constructed nature of law. Approaching this area of law often involves exploring a legal concept familiar from daily life, such as the very notion of 'marriage' or 'family', and examining it within its social, economic, and historical context. The normative basis for law regulating intimate personal and family life extends beyond any narrow legal philosophy or social context to its broader foundations in theories of morality or justice. The chapters included bring together a representative and broad range of pieces that engage with long-standing and contemporary debates. A wide range of perspectives is represented on topics such as same-sex marriage, polygamy and polyamory, alimony, unmarried cohabitation, gestational surrogacy and assisted reproductive technologies, child support, parental rights and responsibilities, children's rights, family immigration, religious freedom, and the rights of paid caregivers. There is also philosophical discussion of concepts such as care, intimacy, and the nature of family and family law itself.

"I worked in a trailer that ICE had set aside for conversations between the women and the attorneys. While we talked, their children, most of whom seemed to be between three and eight years old, played with a few toys on the floor. It was hard for me to get my head around the idea of a jail full of toddlers, but there they were." For decades, advocates for refugee children and families have fought to end the U.S. government's practice of jailing children and families for months, or even years, until overburdened immigration courts could rule on their claims for asylum. Baby Jails is the history of that legal and political struggle. Philip G. Schrag, the director of Georgetown University's asylum law clinic, takes readers through thirty years of conflict over which refugee advocates resisted the detention of migrant children. The saga began during the Reagan administration when 15-year-old Jenny Lisette Flores languished in a Los Angeles motel that the government had turned into a makeshift jail by draining the swimming pool, barring the windows, and surrounding the building with barbed wire. What became known as the Flores Settlement Agreement was still at issue years later, when the Trump administration resorted to the forced separation of families after the courts would not allow long-term jailing of the children. Schrag provides recommendations for the reform of a system that has brought anguish and trauma to thousands of parents and children. Provocative and timely, Baby Jails exposes the ongoing struggle between the U.S. government and immigrant advocates over the duration and conditions of confinement of children who seek safety in America.

Children often fare the worst when communities face social and environmental changes. The quality of food, water, affection and education that children receive can have major impacts on their subsequent lives and their potential to become engaged and productive citizens. At the same time, children often lack both a private and public voice, and are powerless against government and private decision-making. In taking a child rights-based approach to sustainable development, this volume defines and identifies children as the subjects of development, and explores how their rights can be respected, protected and promoted while also ensuring the economic, social and environmental sustainability of our planet.

Divorce has become one of the most widely discussed issues in America. In this innovative exploration of the phenomenon of divorce in American society, Norma Basch uses a variety of analytic perspectives to enrich our understanding of the meaning of divorce during the formative years of both the nation and its law, roughly 1770 to 1870. She provides a fascinating, thoughtful look at divorce as a legal action, as an individual experience, and as a cultural symbol in its era of institutionalization and traces the powerful legacy of the first American divorce experiences for us today. Using a unique methodology, Basch fragments her story into three discrete but chronologically overlapping perspectives. In Part I, 'Rules,' she analyzes the changing legal and legislative aspects of divorce and the public response to them. Part II, 'Mediations,' focuses on individual cases and presents a close-up analysis of the way ordinary women and men tested the law in the courts. And Part III, 'Representations,' charts the spiraling imagery of divorce through various fiction and non-fiction narratives that made their way into American popular culture during the nineteenth century. The composite picture that emerges in "Framing American Divorce" is a vividly untidy one that exposes the gulf between legal and moral abstractions and everyday practices. Divorce, Basch argues, was always a focal point of conflict between the autonomy of women and the authority of men. Tracing the legal, social, and cultural experience of divorce allows Basch to provide a searching exploration of the limits of nineteenth-century ideals of domesticity, romantic love, and marriage, and their legacy for us today. She brings her findings up-to-date with a provocative discussion of the current debate over fault or no-fault divorce.

An exploration of family law as it pertains to women with regard to marriage, divorce and inheritance in the Middle East. This second edition is revised to expand and update coverage of family law reforms that have taken place throughout the Middle East, North Africa, and South and Southeast Asia. It focuses on the historical and legal context for reform, and the methodology and extent of contemporary legal trends, particularly in Egypt and Pakistan.

In nearly all States, adoption records are sealed and withheld from public inspection after an adoption is finalised. This book discusses state laws that provide for access to both nonidentifying and identifying information from an adoption record by adoptive parents and adult adopted persons, while still protecting the interests of all parties. Furthermore, the book discusses postadoption contact agreements, which are are arrangements that allow contact between a childs adoptive family and members of the childs birth family or other persons with whom the child has an established relationship, such as a foster parent, after the childs adoption has been finalized. These arrangements, sometimes referred to as cooperative adoption or open adoption agreements, can range from informal, mutual understandings between the birth and adoptive families to written, formal contracts.

The U.S. Supreme Courts highly anticipated decision in Obergefell v. Hodges recognized federal constitutional protection for same-sex marriage.1 Although on its face the case addressed only whether states must issue marriage licenses to same-sex couples and recognize marriages legally formed in other states, Obergefell has implicated a number of other legal rights, particularly those related to religious exercise and civil rights. Some religious doctrines include objections to same-sex marriage, leading to questions about the extent to which individuals, businesses, or religious institutions that share such objections must recognize or accommodate couples in same-sex marriages. Because federal law includes both constitutional and statutory protections for religious beliefs that may involve such conflicts, the manner in which these protections may intersect with constitutional protection of same-sex marriage can become complicated. This book analyzes a range of legal issues for which Obergefell has implications. Moreover, this book addresses eligibility for Social Security spousal benefits for individuals in a same-sex marriage; addresses a number of frequently asked questions regarding the eligibility of same-sex couples for Social Security benefits and the interpretation of state marriage laws; provides an overview of the federal tax treatment of same-sex married couples, with a focus on the federal income tax; and provides background on, and analysis of, significant legal issues raised by the Supreme Courts decision in Obergefell.

This accessible and authoritative book provides the first systematic overview of the global children's rights movement. It introduces both beginners and experts to child and youth rights in all their theoretical, historical, cultural, political, and practical complexity. In the process, the book examines key controversies about globalization, cultural relativism, social justice, power, economics, politics, freedom, ageism, and more. Combining vivid examples with cutting-edge scholarship, Children's Rights: Today's Global Challenge lifts up the rights of the youngest third of humanity as the major human rights challenge of the twenty-first century.