There can be no doubt that both substantive family and succession law engage in significant interaction with private international law, and, in particular, the European Union instruments in the field. While it is to be expected that substantive law heavily influences private international law instruments, it is increasingly evident that this influence can also be exerted in the reverse direction. Given that the European Union has no legislative competence in the fields of family and succession law beyond cross-border issues, this influence is indirect and, as a consequence of this indirect nature, difficult to trace.This book brings together a range of views on the reciprocal influences of substantive and private international law in the fields of family and succession law. It outlines some key elements of this interplay in selected jurisdictions and provides a basis for discussion and future work on the reciprocal influences of domestic and European law. It is essential that the choices for and within certain European instruments are made consciously and knowingly. This book therefore aims to raise awareness that these reciprocal influences exist, to stimulate academic debate and to facilitate a more open debate between European institutions and national stakeholders.

1. This accessible volume and comprehensive subject guide comprises key readings on law and social justice, with a focus on dispossessions, marginalities and rights. 2. A topical volume that brings together expert analyses and emerging research on contemporary themes. 3. It will be of interest to departments of law, socio-legal studies, legal history, South Asian studies, human rights, jurisprudence and constitutional studies, gender studies, history, politics, conflict and peace studies, sociology and social anthropology. It will also appeal to legal historians and practitioner of law, and those in public administration, development studies, environment studies, migration studies, cultural studies, labour studies and economics.

The good divorce guide. Separating, or contemplating divorce, can feel like the weight of the world is on your shoulders. But know this: it is going to be OK. In fact, it is going to be better than OK, and sooner than you think. Through our 10-Step Divorce Plan, we will take you through everything we know about divorce - from setting goals to agreeing a course of action, from working out a plan for co-parenting to reaching a financial agreement - cutting out the jargon, so you can not only survive separation, but thrive. The time has come for a fresh look at our approach to divorce and separation, and this book is an invaluable resource for anyone going through the process, and for the family and friends affected along the way. It is an essential, accessible blueprint for separating well, and a powerful critique of where we've gone wrong before.

Offering an important addition to existing critiques of governance feminism and carceral expansion based mainly on experiences from the Global North, this book critically addresses feminist law reform on violence against women, from a decolonial perspective. Challenging the consensus that penal expansion is mainly associated with the co-option of feminist campaigns to counteract violence against women in the context of neoliberal globalisation, this book shows that long-standing colonial narratives underlie many of today's dominant legal discourses justifying criminalisation, even in countries whose governments have called themselves "leftist" and "post-neoliberal". Mapping the history of law reform on violence against women in Ecuador, the book reveals how the conciliation between feminist campaigns and criminalisation strategies takes place through liberal legality, the language of human rights, and the discourse of constitutional guarantees, across the political spectrum. Whilst human rights make violence against women intelligible in mainstream legal terms, the book shows that the emergence of a "rights-based penality" produces a benign, formally innocuous criminal law, which can be presented as progressive, but in practice reproduces colonial and postcolonial paradigms that limit and reshape feminist demands. The book raises new questions on the complex social and political factors that impact on feminist law reform projects, as it demonstrates how colonial assumptions about gender, race, class, and the family remain embedded in liberal criminal law. This theoretically and empirically informed analysis makes an innovative contribution to feminist legal theory, post-colonial studies, and criminal law; and will be of interest to activists, scholars and policymakers working at the intersections between gender equality, law, and violence in Latin America and beyond.

This volume critically analyses Muslim Personal Law (MPL) in India and offers an alternative perspective to look at MPL and the Uniform Civil Code (UCC) debate. Tracing the historical origins of this legal mechanism and its subsequent political manifestations, it highlights the complex nature of MPL as a sociological phenomenon, driven by context-specific social norms and cultural values. With expert contributions, it discusses wide-ranging themes and issues including MPL reforms and human rights; decoding of UCC in India; the contentious Triple Talaq bill and MPL; the Shah Bano case; Sharia (Islamic jurisprudence) in postcolonial India; women's equality and family laws; and MPL in the media discourse in India. The volume highlights that although MPL is inextricably linked to Sharia, it does not necessarily determine the everyday customs and local practices of Muslim communities in India This topical book will greatly interest scholars and researchers of law and jurisprudence, political studies, Islamic studies, Muslim Personal Law, history, multiculturalism, South Asian studies, sociology of religion, sociology of law and family law. It will also be useful to practitioners, policymakers, law professionals and journalists.

This book provides a comprehensive overview of established evidence-based interventions for the problems inherent in parental alienation. The book focuses on helping families and ensuring the needs of the child are met. Increasing attention has been given to the subject of parental alienation in recent years, as divorce rates have increased and more children are being brought up in the context of ongoing parental conflict, risking significant emotional harm. Chapters point to the application of numerous evidence-based interventions that are already available and detail how to identify, assess and intervene effectively with families where parental alienation has been identified. This text will be of interest to those working in the family courts, particularly expert witnesses, clinical psychologists, therapists, social workers, guardians and other legal professionals, in addition to researchers with an interest in parental alienation.

Child Abuse and Neglect examines the latest research on this important topic, discussing what it entails, how to recognize it, and how to report it. The book begins with an overview of child maltreatment including its history, a summary of the research, and the risk factors, before exploring issues of mandated reporting. It then considers different forms of maltreatment - physical abuse, neglect, psychological maltreatment, sexual abuse, fetal abuse, and Munchausen by Proxy Syndrome. The authors discuss incidence estimates and consequences, as well as resiliency, for each type of maltreatment, and then review legal issues including forensic interviewing. The book concludes by providing an overview of what happens to a child after a report is filed along with suggestions for preventing child maltreatment. This edition has been thoroughly updated throughout to cover the latest theory and research. Referencing the DSM-V, the book also features updated coverage of state and federal laws to reflect new legislation, and additional case studies covering real-world events such as the sexual abuse scandals within USA Gymnastics, the Boy Scouts of America, and the Southern Baptist Convention. Written with students in mind, the book features a wealth of engaging learning tools throughout, including: Theory Highlight boxes, Focus on Research boxes, Case Examples, Legal Examples, Focus on Law boxes, Discussion Questions, and Key Terms. It will be essential reading for all students taking courses on child abuse, child maltreatment, family violence, or sexual and intimate violence taught in psychology, human development, education, criminal justice, social work, sociology, women's studies, and nursing. This book will also be an invaluable resource to workers who are mandated reporters of child maltreatment and/or anyone interested in the problem. This book is based on the legal system and the Child Protection System in the United States of America. It is accompanied by a set of online instructor resources.

Half of all marriages end, and, when they do, most parents hope to achieve a "good divorce" in which they can amicably raise their children with their former spouse. Unfortunately, about 20% of divorces are high-conflict, involving frequent visits to court, allegations of abuse, and chronic disagreements regarding parenting schedules. In response to this conflict, some children become aligned with one parent against the other - even a parent who has done nothing to warrant the hostile rejection of their formerly loving children. These "targeted" parents suffer from the loss of time with their children, the pain of watching their children become distant, even cruel, and the uncertainty of not knowing if and when their children will come back to them. These parents are on a painful journey with an uncertain outcome. Surviving Parental Alienation fills the tremendous need for concrete help for these parents. Too often parental alienation stories that are shared by word of mouth, on the internet, or in books depict unending pain and frightening outcomes. Surviving Parental Alienation provides true stories and information about parents who have reconnected with their lost and stolen children, and offers better insight and understanding into what exactly parental alienation is and how to handle it. Targeted parents are desperate to be understood and to find cause for hope, even as they search for answers. Surviving Parental Alienation is where they can start to find this hope.

Well-selected and authoritative, Palgrave Core Statutes provide the key materials needed by students in a format that is clear, compact and very easy to use. They are ideal for use in exams.

American political and legal culture is uncomfortable with children's sexuality. While aware that sexual expression is a necessary part of human development, law rarely contemplates the complex ways in which it interacts with children and sexuality. Just as the law circumscribes children to a narrow range of roles-either as entirely sexless beings or victims or objects of harmful adult sexual conduct-so too does society tend to discount the notion of children as agents in the domain of sex and sexuality. Where a small body of rights related to sex has been carved out, the central question has been the degree to which children resemble adults, not necessarily whether minors themselves possess distinct and recognized rights related to sex, sexual expression, and sexuality. Children, Sexuality, and the Law reflects on some of the unique challenges that accompany children in the broader context of sex, exploring from diverse perspectives the ways in which children emerge in sexually related dimensions of law and contemporary life. It explores a broad range of issues, from the psychology of children as sexual beings to the legal treatment of adolescent consent. This work also explores whether and when children have a right to expression as understood within the First Amendment. The first volume of its kind, Children, Sexuality, and the Law goes beyond the traditional discourse of children as victims of adult sexual deviance by highlighting children as agents and rights holders in the realm of sex, sexuality, and sexual orientation.

Showcases a rights based participatory approaches to policy-making, practice and research with children and youth. conceptualise a rights based participatory approach. Interrogates the challenges and complexities in the implementation of a rights based participatory approach. Includes 17 newly-written chapters.

Originally published in 1968, we were witnessing a new - and welcome - emphasis on Comparative Law, both in the Universities and even the practising profession, together with a quickened interest in the law of family relations. This volume provided a wealth of information for anyone wishing to study these relations in a widely comparative context. The chapters cover not only the basic law of marriage and divorce in a number of developing countries both in Asia and Africa, but also discuss in considerable detail the ways in which matrimonial property is regulated under different systems. This was a highly topical subject at the time, when our own law of matrimonial property was under criticism and active reconsideration. The book also treats such subjects as the eclipse of the patriarchal family in contemporary Islamic law, religious law and the modern family in Israel, the juristic basis and context of Parsi family law, and contemporary family law in Southern Africa.

This book explores the emerging engagement of EU law with care and carers. The book argues that the regulation of care by the EU is crucial because it enables the development of a broad range of policies. It contributes to the sustainability of society and ultimately it enables individuals to flourish. Yet, to date, the EU approach to regulating the caring relationship remains piecemeal and lacks the underpinning of a cohesive strategy. Against this backdrop, this book argues that the EU can and must take leadership in this area by setting principles and standards in accordance with the values of the treaty, in particular gender equality, human dignity, solidarity and well-being. The book further makes a case for a stronger protection for carers, who should not only be protected against discrimination, but should also be supported, valued and put in a position to make choices and lead full lives. In order to achieve this, a proactive approach to rebalancing the relationship between paid and unpaid work is necessary. Ultimately, the book puts forward a series of legal and policy recommendations for a holistic approach to care in the EU.

This book brings together legal scholars engaging with vulnerability theory to explore the implications and challenges for law of understanding vulnerability as generative and a source of connection and development. The book is structured into five sections that cover fields of law where there is already significant recourse to the concept of vulnerability. These sections include a main chapter by a legal theorist who has previously examined the creative potential of vulnerability and responses from scholars working in the same field. This is designed to draw out some of the central debates concerning how vulnerability is conceptualised in law. Several contributors highlight the need to re-focus on some of these more positive aspects of vulnerability to counter the way law is being used enable persons to escape the stigma associated with vulnerability by concealing that condition. They seek to explore how law might embrace vulnerability, rather than conceal it. The book also includes contributions that seek to bring vulnerability into a non-binary relationship with other core legal concepts, such as autonomy and dignity. Rather than discarding these legal concepts in favour of vulnerability, these contributions highlight how vulnerability can be entwined with relational autonomy and embodied dignity. This book is essential reading for both students studying legal theory and practitioners interested in vulnerability.

The numbers of women undergoing Assisted Reproduction Technology (ART) treatments have risen steadily, yet they remain largely outside the scope of equality and employment law protection while undergoing treatment. Assisted Reproduction, Discrimination, and the Law examines this gap in UK law, with reference to EU law as appropriate, and argues that new conceptions of equality are necessary. Drawing from the literature on multidimensional and intersectional discrimination, it is argued that an intersectionality approach offers a more useful analytical framework to extend protection to those engaged in ART treatments. Drawing from Schiek's intersectional nodes model, the book critically examines two alternative interpretations of existing protected characteristics, namely infertility as a disability, with reference to the social model of disability and the UN Convention on the Rights of Persons with Disabilities 2006, and redefining the boundaries of pregnancy and/or sex discrimination, with reference to attempts to extend associative discrimination to pregnancy. Comparisons are drawn with the US, where infertility has been recognised as a disability under the American's with Disabilities Act 1990 and as a pregnancy-related condition under the Pregnancy Discrimination Act 1978. A specific right to paid time off work to undergo treatment is also proposed, drawing comparisons with the US Family and Medical Leave Act 1993 and the existing UK work-family rights framework. It is argued that the reinterpretations of equality law and the rights proposed here are not only conceptually possible, but could practically be achieved with minor, but significant, amendments to existing legislation.

Using the UK as a case study the book aims to provide a detailed rationale for the tension between a policy perspective that tries to provide protection for victims of such practices through legislation and the need to better understand a phenomenon that constantly evolves as a result of new technology, disruptive adoption and social norms.

The various contributors are leading academics in the children's rights field drawn from a wide range of countries and jurisdictions (including those with common law, civilian and mixed traditions) in North America, Europe, Africa and Asia

In many US courts and internationally, family law cases constitute almost half of the trial caseload. These matters include child abuse and neglect and juvenile delinquency, as well as divorce, custody, paternity, and other traditional family law issues. In this book, the authors argue that reforms to the family justice system are necessary to enable it to assist families and children effectively. The authors propose an approach that envisions the family court as a "care center," by blending existing theories surrounding court reform in family law with an ethic of care and narrative practice. Building on conceptual, procedural, and structural reforms of the past several decades, the authors define the concept of a unified family court created along interdisciplinary lines - a paradigm that is particularly well suited to inform the work of family courts. These prior reforms have contributed to enhancing the family justice system, as courts now can shape comprehensive outcomes designed to improve the lives of families and children by taking into account both their legal and non-legal needs. In doing so, courts can utilize each family's story as a foundation to fashion a resolution of their unique issues. In the book, the authors aim to strengthen a court's problem-solving capabilities by discussing how incorporating an ethic of care and appreciating the family narrative can add to the court's effectiveness in responding to families and children. Creating the court as a care center, the authors conclude, should lie at the heart of how a family justice system operates. The authors are well-known figures in the area and have been involved in family court reform on both a US national and an international scale for many years.

The editors and chapter authors argue against the unquestioning use of "parental alienation" concepts in child custody conflicts. As such, this is the first book to support arguments against court orders that would prohibit contact with a child and force the child into potentially harmful parental alienation treatment. Of interest to any professional who may encounter parental alienation: mental health professionals, children's services workers, lawyers, judges, domestic relations and child protection court staff as well as Children's Advocacy Center interviewers. Parents and professionals involved in parental alienation cases can find in this book the materials they need to support arguments against court orders that would prohibit contact with a child and force the child into potentially harmful parental alienation treatment. No other book provides this help, even at this time when the use of parental alienation concepts is increasing.

Changes in family structures, demographics, social attitudes and economic policies over the last 60 years have had a large impact on family lives and correspondingly on family law. The Second Edition of this Handbook draws upon recent developments to provide a comprehensive and up-to-date global perspective on the policy challenges facing family law and policy round the world. The chapters apply legal, sociological, demographic and social work research to explore the most significant issues that have been commanding the attention of family law policymakers in recent years. Featuring contributions from renowned global experts, the book draws on multiple jurisdictions and offers comparative analysis across a range of countries. The book addresses a range of issues, including the role of the state in supporting families and protecting the vulnerable, children's rights and parental authority, sexual orientation, same-sex unions and gender in family law, and the status of marriage and other forms of adult relationships. It also focuses on divorce and separation and their consequences, the relationship between civil law and the law of minority groups, refugees and migrants and the movement of family members between jurisdictions along with assisted conception, surrogacy and adoption. This advanced-level reference work will be essential reading for students, researchers and scholars of family law and social policy as well as policymakers in the field.

This book provides an account of the experience of a multifaceted system-change programme to strengthen the capacity of Ireland's statutory child protection and welfare agency in the areas of prevention, early intervention and family support. Many jurisdictions globally are involved in system change processes focused on increasing investment in services that seek to prevent children's entry into child protection and welfare systems, through early intervention, greater support to families, and an increased emphasis on rights and participation. Based on a four-year in-depth study by a team of University-based researchers, this text adds to the emerging knowledge-base on developing, implementing and evaluating system change in child protection and welfare. Study methodological approaches were wide ranging and involved a number of key stakeholders including children, parents, social workers and social care workers, service managers, agency leaders and policy makers. Since the change process involved an agency-university partnership encompassing design, technical support and evaluation, the book also contributes to understandings of the potential and limits of such partnerships in the child protection and welfare field. Uniquely, the book gives voice to the experience of both agency personnel and academic in the accounts provided. It will be of interest to all scholars, students and practitioners in the areas of child protection and welfare.

This book identifies the definition of a child within the law, the rights of children, and discusses the extent to which primarily English law gives adequate recognition to and protection of these rights. To what extent does English law gives adequate recognition to and protection of the rights of children? Historically the idea of and protection of rights has focused on parental rights rather than the rights of the child. The rights of children have remained far less recognised and certain until recently. Using case studies from the United Kingdom and beyond, this book takes a thematic approach to children's rights and considers topics including: underlying concepts such as the welfare of the child and safeguarding, the right to education and to medical treatment, the right to freedom from abuse and/or sexual and commercial exploitation, including contemporary challenges from forced marriage, FGM, modern slavery and trafficking, the role of the State in relation to children in need of care and protection, children's rights in the criminal justice system, the right to contract and employment. In addition, the book provides an introduction to key aspects of domestic and international law, including the Children Act 1989, the UN Convention on the Rights of the Child, the European Convention on Human Rights and the Human Rights Act 1998. The book will be of great interest to law and social science students in the areas of Child Development and Protection, Human Rights Law, Family Law, Child Law, and Child Studies, as well as to social workers, police officers, magistrates, probation officers and other related professions.

Law and Economics in Jane Austen traces principles of law and economics in sex, marriage and romance as set out in the novels of Jane Austen, unveiling how those meticulous principles still control today's modern romance. You will learn fascinating new insights into law and economics by seeing these disciplines through Jane Austen's eyes. Readers who find themselves wishing Jane Austen had written just one more novel, or that she had somewhere offered more examination and analysis of her characters' predicaments, or who desire to go deeper with her investigation of love, money and culture will praise this book. Discovering the legal and economic principles that drove her stories, Jane Austen's Law & Economics reveals that the more things change, the more they stay the same. Love and money are constants in social connection. While culture may have changed over 300 years, principles of law and economics remain staples of modern romance - which is why Jane Austen continues to fascinate the modern mind. So sit back, enjoy, and be pleasantly taught and surprised at what you will learn from the methodical mind of Jane.

* Provides a comprehensive overview of the current state of theory, research, policy, and practice of juvenile risk and needs assessment (JRNA) * Informs future methodology, policy, and practice that will facilitate effective and fair case decisions * Covers JRNA as a set of interrelated pieces for assessing and making decisions about juveniles