This book examines the rights of the child using the global framework of the United Nations International Convention on the Rights of the Child 1989. Analysing both public and private international legal aspects, this cross-disciplinary text promotes a holistic understanding of the ongoing development of child law, children's rights and the protection of the child. In-depth analyses of the following topic areas are included: Childhood in the digital age; Child labour; International parental child abduction; Inter-country adoption; Sexual exploitation; Children and armed conflict; and Indigenous children. These topics are contextualised with further chapters on the concept of childhood and children's rights, the international legal framework in which the Convention operates and a substantive chapter on the Convention itself. This fourth edition has been updated and revised, including a new chapter dealing with issues arising from childhood in the age of unprecedented digital technological advancements; a crucial issue for childhood experiences in modern times. This edition also includes new case studies, recent legal developments in the field of international child law, and inclusion of broader scholarship to capture diverse views on international law and child law. The aim of this book is to provide the reader with an accessible, informed, critical and scholarly account of the international law framework relating to children. Drawing on a range of legal and other disciplines, this book remains a valuable resource for those in the course of study and research in this area.

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.

There are a number of important (landmark) cases in the development of Family Law in England and Wales that deserve detailed examination and lend themselves particularly well to historical examination. Family law cases tend to raise highly controversial issues, often on striking facts, frequently provoking wider social debate and/or extensive publicity. Consequently, the landmark cases chosen for this collection provide considerable scope, not only for doctrinal analysis and explanation of the importance and impact of the decisions, but also for in-depth examination of the social or policy developments that influenced them. The stories behind the cases provide a fascinating insight into the complexities of family life and the drama that can be found in the family courts. In recent years, Family Law has seen enormous changes in law's engagement with the notion of 'family', with the enactment, for example, of the Civil Partnership Act 2004, the Gender Recognition Act 2004 and, more recently, the Human Fertilisation and Embryology Act 2008. As we begin to move forward into the new millennium, this is an excellent time to engage in detailed analyses and 'stock-taking' of the landmark decisions, many of which were decided in the 1970s, and which have shaped modern Family Law. This book provides a series of in-depth studies of the key leading cases, and will be of interest to students and lecturers alike.

"The best resolution to most family conflict is found within the family itself, not in the courts " . WHY MEDIATION IS NOW THE PREFERRED WAY TO SEPARATION AND DIVORCE . everything you need to know about 730 custody evaluations . How to choose a competent lawyer . How to reach an out of court settlement in family mediation And much, much more... This book is a wake up call for anyone considering separation or divorce. Generally, parents file court papers prematurely. This locks the entire family into a profit seeking institution with judges able to micromanage the lives of the entire family, including grandparents, until the children are of legal age. Family problems are rarely solved in family court. At best, and after considerable expense, family court merely provides guidelines to resolve domestic disputes. Laws cannot change how people interact. Solutions are reached when parents change their attitudes and behavior to better navigate the treacherous waters of family court to arrive at the best possible outcome for the entire family. The goal is to maintain the option of making choices for your family and not relinquish control to the family court.

The child protective system (CPS), shaped by federal law forty years ago and run on the state and county levels in the United States, offered in utopian fashion the hope of preventing all possible child abuse or neglect. In response, legislators enacted a spate of vague laws that poorly defined such categories as "abuse" and "neglect," and granted the CPS sweeping powers to intrude into families, often on the basis of nothing more than anonymous complaints about standard childrearing practices. This arrangement, which followed from the questionable assertion of the existence of a crisis of child abuse and neglect, became the basis in theory for the universal monitoring of American families that has resulted in the sharp curtailing of parental rights and responsibilities. With overreaching by local and state governments into family affairs, the current CPS has not only damaged untold numbers of families but also undercut the legitimacy of parental authority through the continuous threat to parents of child removal. In Child Abuse, Family Rights, and the Child Protective System: A Critical Analysis from Law, Ethics, and Catholic Social Teaching, Stephen M. Krason gathers essays by leading scholars and practitioners to comment through the prism of Catholic social thought, on the plight afflicting American families and the role of the child protective system. Here readers will find critical essays on the deleterious effect of the1974 passage of the Child Abuse Prevention and Treatment Act; assessments of current American policies on child abuse and neglect and the role of the CPS within the context of prevailing international human rights principles and Catholic social teaching; a survey of the enforcement of CPS policies from a legal and constitutional perspective; research data disputing the CPS principle that all parents are potential abusers and illustrating the greater prevalence of abuse and neglect in broken, "blended," and "untraditional" families; and arguments for poverty and unemployment as the prime culprits in the mistreatment of children. Also included are the amicus curiae briefs that the Society of Catholic Social Scientists submitted in two U.S. Supreme Court cases on parental rights, the CPS, and state control over the family. Child Abuse, Family Rights, and the Child Protective System should appeal to a variety of professionals as well as scholars, from family court attorneys, social workers, family counselors, and clergy to researchers in the fields of social work, law, family studies, American politics, sociology, human services, counseling and psychology, and education, as well as public officials.

The family is where legal rules presented as part of the Islamic shari`a are most widely applied in the Muslim world. This connection, often differently elaborated by particular social constituencies, can present difficulties to the advocates of law reform. At the same time, the resonance of the issues at which advocacy is targeted creates an opportunity for creative exchange in addressing practical strategies for change. This volume explores the present-day realities of Islamic family law, with particular emphasis on the rights of women, and focusing on law in its living social context as reflected in public opinion and personal experience. A concluding study ranges further afield in order to explore the challenges and potential of 'principles of shari`a' in advocacy on the question of violence against women. This book makes possible a detailed examination of possibilities of, and constraints on, legal reform in the area of Islamic family law in specific contemporary contexts.

Passed into law over a decade before the Revolution, the Family Protection Law quickly drew the ire of the conservative clergy and the Ayatollah Khomeini in 1979. In fact, it was one of the first laws to be rescinded following the revolution. The law was hardly a surprising target, however, since women's status in Iran was then - and continues now to be - a central concern of Iranian political leaders, media commentators, and international observers alike. Taking up the issue of women's status in a modern context, Marianne Boe offers a nuanced view of how women's rights activists assert their rights within an Islamic context by weaving together religious and historical texts and narratives. Through Her substantial fieldwork and novel analysis, Boe undermines both the traditional view of 'Islamic Feminism' as monolithic and clears a path to a new understanding of the role of women's rights activists in shaping and synthesizing debates on the shari'a, women's rights and family law. As such, this book is essential for anyone studying family law and the role of women in contemporary Iran.

Winner of the 2010 Distinguished Book Award from the American Psychological Association's 44th Division (the Society for the Psychological Study of Lesbian, Gay, Bisexual and Transgender Issues) An in-depth, transnational primer on the current state of same-sex marriage post legalization The summer of 2008 was the summer of love and commitment for gays and lesbians in the United States. Thousands of same-sex couples stood in line for wedding licenses all over California in the first few days after same-sex marriage was legalized. On the other side of the country, Massachusetts, the very first state to give gay couples marriage rights, took the last step to full equality by allowing same-sex couples from other states to marry there as well. These happy times for same-sex couples were the hallmark of true equality for some, yet others questioned whether the very bedrock of society was crumbling. What would this new step portend? In order to find out the impact of same-sex marriage, M. V. Lee Badgett traveled to a land where it has been legal for same-sex couples to marry since 2001: the Netherlands. Badgett interviews gay couples to find out how this step has affected their lives. We learn about the often surprising changes to their relationships, the reactions of their families, and work colleagues. Moreover, Badgett is interested in the ways that the institution itself has been altered for the larger society. How has the concept of marriage changed? When Gay People Get Married gives readers a primer on the current state of the same-sex marriage debate, and a new way of framing the issue that provides valuable new insights into the political, social, and personal stakes involved. The experiences of other countries and these pioneering American states serve as a crystal ball as we grapple with this polarizing issue in the American context. The evidence shows both that marriage changes gay people more than gay people change marriage, and that it is the most liberal countries and states making the first move to recognize gay couples. In the end, Badgett compellingly shows that allowing gay couples to marry does not destroy the institution of marriage and that many gay couples do benefit, in expected as well as surprising ways, from the legal, social, and political rights that the institution offers.

Winner of the 2010 Pacific Sociological Association Distinguished Contribution to Scholarship Award A lesbian couple rears a child together and, after the biological mother dies, the surviving partner loses custody to the child's estranged biological father. Four days later, in a different court, judges rule on the side of the partner, because they feel the child relied on the woman as a "psychological parent." What accounts for this inconsistency regarding gay and lesbian adoption and custody cases, and why has family law failed to address them in a comprehensive manner? In Courting Change, Kimberly D. Richman zeros in on the nebulous realm of family law, one of the most indeterminate and discretionary areas of American law. She focuses on judicial decisions-both the outcomes and the rationales-and what they say about family, rights, sexual orientation, and who qualifies as a parent. Richman challenges prevailing notions that gay and lesbian parents and families are hurt by laws' indeterminacy, arguing that, because family law is so loosely defined, it allows for the flexibility needed to respond to-and even facilitate - changes in how we conceive of family, parenting, and the role of sexual orientation in family law. Drawing on every recorded judicial decision in gay and lesbian adoption and custody cases over the last fifty years, and on interviews with parents, lawyers, and judges, Richman demonstrates how parental and sexual identities are formed and interpreted in law, and how gay and lesbian parents can harness indeterminacy to transform family law.

"Crossover" Children in the Youth Justice and Child Protection Systems explores the outcomes faced by the group of children who experience involvement with both child protection and youth justice systems across several countries, including the United States, United Kingdom, Canada, New Zealand, and Australia. Situated against a backdrop of international evidence and grounded in a two-year study with the Children's Court in Victoria, Australia, this book presents a cohesive picture of the backgrounds, characteristics, and pathways traversed by crossover children. It presents statistical data from 300 crossover Children's Court case files, alongside the expert evidence of 82 professionals, to generate a comprehensive picture of the lives of crossover children, and the individual and systemic challenges that they face. The book investigates the crucial question of why some children involved with child welfare systems experience particularly poor criminal justice outcomes, demonstrating how the convergence of cumulative childhood adversity, complex support needs, and systemic disadvantage produces acutely damaging outcomes for some crossover youth. It outlines the implications of the study, including how these findings might shape diversion and differential justice system responses to child protection-involved youth, and the innovative approaches adopted internationally to avert the care to custody pathway. This book is internationally relevant and will be of great interest to students and scholars of criminology and law, social work, psychology, and sociology, as well as legal, welfare, and government agencies and policy developers, non-government peak bodies and services, professional probation services, case managers, health and mental health services, disability and drug treatment agencies, and others who work with both young offenders and the design and implementation of policy and legislation.

When relationships break down, disputes commonly arise over the parenting arrangements for children, whose living arrangements have to be reorganized at a time of great conflict and turmoil. Most such disputes are resolved without a judicial determination through private agreement, negotiation between lawyers, mediation, or a combination of these methods. This book examines whether and how children should be involved in the process of resolving family law disputes. Although there is widespread acceptance in the Western world that the views of children should be taken into account, and that the weight given to those views should depend on children's age and maturity, there is much less agreement about how children's voices should be heard.
There are many benefits to giving children a voice in decisions that affect their lives, and the UN Convention on the Rights of the Child identifies this as a right for children. However there are difficulties and dangers in seeking to hear from children, not least because they may be subject to pressure from each parent to express views that support his or her case. Courts dealing with family law issues are constantly faced with a dilemma. Is it better to keep children out of the conflict, or to give them a say so that the arrangements are as workable for them as possible?
This book integrates examinations of these issues with empirical data from interviews which explore the views and experiences of children, parents, counselors, mediators, lawyers and judges involved in such disputes in Australia. Drawing on this research, the authors suggest ways that children can better be heard without placing them at the center of their parents' conflicts. They argue that the focus should not just be on how children are heard in legal proceedings, but on how they can be better heard in those families who resolve their conflicts without going to court.

This book defends the fundamental place of the marital family in modern liberal societies. While applauding modern sexual freedoms, John Witte, Jr also defends the traditional Western teaching that the marital family is an essential cradle of conscience, chrysalis of care, and cornerstone of ordered liberty. He thus urges churches, states, and other social institutions to protect and promote the marital family. He encourages reticent churches to embrace the rights of women and children, as Christians have long taught, and encourages modern states to promote responsible sexual freedom and family relations, as liberals have long said. He counsels modern churches and states to share in family law governance, and to resist recent efforts to privatize, abolish, or radically expand the marital family sphere. Witte also invites fellow citizens to end their bitter battles over same-sex marriage and tend to the vast family field that urgently needs concerted attention and action.

"Enjoyable and provocative. . . . This collection nicely reveals and sorts through a host of exciting and complex questions about marriage."
--Martha McCluskey, co-editor of "Feminism, Media, and the Law"

"One of the curious features of the early twenty-first century has been the noisy presence of 'marriage' in the public culture. The result has been a public dialogue that often marries bad social science and homophobia, with understandable public anxieties about how children grow up in our world. We deserve better and "Marriage Proposals" provides it. Anita Bernstein's collection draws on the best work by some of the smartest and most thoughtful participants in the recent marriage wars. The authors ask the reader to think hard about how marriage can be justified today. And the result is a book that confronts some of the hardest and deepest questions that face us as a society."--Hendrik Hartog, author of "Man and Wife in America: A History"

"Bringing together insights from law, anthropology, and political theory, the rigorous essays in "Marriage Proposals" strip away easy assumptions about marriage. Readers will emerge from the volume inspired to bring the national conversation on these issues to a deeper and more interesting level."--Suzanne B. Goldberg, author of "Strangers to the Law: Gay People on Trial"

""Marriage Proposals" brings new insights to the marriage debates by discussing the provocative idea of getting the government out of the business of marriage recognition altogether. Anyone seeking to think clearly about the nature and function of marriage in our society should read this collection."--Brian Bix, Frederick W. Thomas Professor of Law and Philosophy, University of Minnesota Law School

The essays in Marriage Proposals envision a variety of scenarios in which adults would continue to join themselves together seeking permanent companionship and sustenance, linking sexual intimacy to a long commitment, usually caring for each other, and building new families. What would disappear are the legal consequences associated with marriage. No joint income tax return; no immigration privileges like the "fiancA(c)e visa" or the right to bring in a husband or wife; no special statuses for prison visits or hospital decisions; no prerogative to remain silent in court by claiming "confidential marital communications"; no pension entitlements; no marital benefits and detriments regarding criminal or civil liability.

The anthology makes a unique contribution amid the two marriage furors of the day: same-sex marriage and the Bush Administration's "marriage movement" (that marrying is good and more marriages would be better for society). Abolishing the legal category of marriage is the only policy suggestion in current American discourse that speaks to both causes. Activists on both sides of the same-sex marriage fight, along with marriage movement partisans, all seek improvement through law reform. Marriage Proposals gives them a viable reform--abolition of marriage as a legal status--for fighting battles in the courtroom and the streets.

Contributors include Anita Bernstein, Peggy Cooper Davis, Martha Albertson Fineman, Linda C. McClain, Marshall Miller, Lawrence Rosen, Mary Lyndon Shanley, and Dorian Solot.

Unaccompanied minor migrants are underage migrants, who for various reasons leave their country and are separated from their parents or legal/customary guardians. Some of them live entirely by themselves, while others join their relatives or other adults in a foreign country. The concept of the best interests of a child is widely applied in international, national legal documents and several guidelines and often pertains to unaccompanied minor migrants given that they are separated from parents, who are not able to exercise their basic parental responsibilities. This book takes an in-depth look at the issues surrounding the best interests of the child in relation to unaccompanied minor migrants drawing on social, legal and political sciences in order to understand children's rights not only as a matter of positive law but mainly as a social practice depending on personal biographies, community histories and social relations of power. The book tackles the interpretation of the rights of the child and the best interests principle in the case of unaccompanied minor migrants in Europe at political, legal and practical levels. In its first part the book considers theoretical aspects of children's rights and the best interests of the child in relation to unaccompanied minor migrants. Adopting a critical approach to the implementation of the Convention of Rights of a Child authors nevertheless confirm its relevance for protecting minor migrants' rights in practice. Authors deconstruct power relations residing within the discourses of children's rights and best interests, demonstrating that these rights are constructed and decided upon by those in power who make decisions on behalf of those who do not possess authority. Authors further on explore normative and methodological aspects of Article 3 of the Convention on the Rights of a Child and its relevance for asylum and migration legislation. The second part of the book goes on to examine the actual legal framework related to unaccompanied minor migrants and implementation of children's' rights and their best interests in the reception, protection, asylum and return procedures. The case studies are based on from the empirical research, on interviews with key experts and unaccompanied minor migrants in Austria, France, Slovenia and United Kingdom. Examining age assessment procedures, unaccompanied minors' survivals strategies and their everyday life in reception centres the contributors point to the discrepancy between the states' obligations to take the best interest of the child into account when dealing with unaccompanied minor migrants, and the lack of formal procedures of best interest determination in practice. The chapters expose weaknesses and failures of institutionalized systems in selected European countries in dealing with unaccompanied children and young people on the move.

Children's rights law is often studied and perceived in isolation from the broader field of human rights law. This volume explores the inter-relationship between children's rights law and more general human rights law in order to see whether elements from each could successfully inform the other. Children's rights law has a number of distinctive characteristics, such as the emphasis on the 'best interests of the child', the use of general principles, and the inclusion of 'third parties' (e.g. parents and other care-takers) in treaty provisions. The first part of this book questions whether these features could be a source of inspiration for general human rights law. In part two, the reverse question is asked: could children's rights law draw inspiration from developments in other branches of human rights law that focus on other specific categories of rights holders, such as women, persons with disabilities, indigenous peoples, or older persons? Finally, the interaction between children's rights law and human rights law - and the potential for their isolation, inspiration or integration - may be coloured or determined by the thematic issue under consideration. Therefore the third part of the book studies the interplay between children's rights law and human rights law in the context of specific topics: intra-family relations, LGBTQI marginalization, migration, media, the environment and transnational human rights obligations.

In Unsafe Home: Child Harming within the Family, Limor Ezioni focuses on the three major types of child harming within the family-abuse, incest, and filicide-and provides an in-depth exploration of each type historically, legally, and comparatively. In the first part, focusing on abuse executed on children, Ezioni addresses both physical and emotional abuse, discussing what constitutes child abuse, how it should be punished, and whether any damage caused to a child is prosecutable by law. In the second part of the book, Ezioni examines childhood incest, focusing on adult survivors and the multitude of legal problems they face while attempting to pursue justice through the legal system and questioning whether the current legal and criminal provisions provide sufficient protection for survivors. In the final section of the book, Ezioni examine the filicide phenomenon and how the judicial system in western countries deals with the painful reality that reflects the society in which it occurs-filicide is often carried out by parents who are unable to function as a parent in circumstances dictated by the place and time in which they live. Scholars of legal studies, family studies, criminology, and sociology will find this book particularly useful.

A range of international and European Union legal instruments exert influence on the national civil procedure rules of European Union member states. Some specifically aim for the harmonisation of national procedural law across Europe, while others primarily focus on facilitating cross-border litigation, enforcing rights or setting minimum standards. However, often the same time instruments cause fragmentation, reduce coherence and challenge prevailing concepts and doctrines of national civil procedure law.With a view to carefully selected North Western jurisdiction (EU and EEA member states) this book explores how EU, EEA, and international legislation, judicial activism on EU and national level, and new soft law instruments affect national civil procedure law and how, in turn, national rules may impact the development of international instruments. How are the respective countries affected by a particular (EU) regulation? Has the regulation generated changes of the national law? Are European rules, or national rules following from them, applied in court practice? Are there differences in the approach towards implementation and application of EU law, and if so why and with what consequences? Do international influences serve as an impetus for national reforms, or are they implemented mechanically? Do hard law approaches produce more harmonisation or convergence than soft law approaches?

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aWonderful. . . . A fascinating and complex account of husbands struggling to assert their legal dominance in a changing cultural landscape, while law remained static. . . . Stray Wives is full of creative research and compelling new insights about marriage in early national America. Sievensas nuanced argument about power and interdependence within marriage is absolutely convincing. She also clearly demonstrates that legal change lagged behind cultural change, leaving husbands frustrated by their inability to rule.a
--"William & Mary Quarterly"

aOffers an engaging look at marital conflict at a key transitional time in the emotional and economic landscape of early national New England.a
--"Journal of the Early Republic"

aSievens focuses on a rich and under-used source: the ads that appeared in early American newspapers alerting readers not to extend credit to run-away wives, as well as occasional replies made by wives themselves. This is a terrific source that illuminates marriage, gender, law, print culture, and community in early America. Sievens has shown considerable sensitivity and acuity, as well as diligence in the pre-digitized days, in her approach to these fascinating sources. This is an impressively lucid coverage resting on persuasive claims. . . . Indeed, this book, in its brevity, clarity, and inherent drama, may be of particular use in the classroom. A fine book on an important topic, it will certainly be of use to many working in this field.a
--"Journal of Social History"

aSievens shows how even when free of their marriages, women often remained dependent on male kin.a
--"The Chronicle of HigherEducation"

aTo fully appriciate how far womenas rights have evolved by the twenty-first century, all one need do is read a work like this one. . . . Highly recommended.a
--"Choice"

aStray Wives is an insightful, carefully argued, and well-written work that complicates our understanding of law, society, and gender in early national New England. Along the way, it adds to our store of knowledge on such topics as women's economic role, domestic violence, and community relationships in early America. Sievens does a lovely job of showing the ways in which wives contested their husbands' dominance at the same time that they tolerated-indeed, sometimes benefited from-their own dependence.a
--Anya Jabour, author of "Marriage in the Early Republic"

aIn Stray Wives, Sievens examines hundreds of desertion notices to elucidate how couples negotiated the common law of marriage by revealing the words they addressed to the public, the issues over which they disagreed, and their strategies for maneuvering through and settling their conflicts. This important book adds both detail and depth to our knowledge of marriage and marital conflict in the early republic.a
--Merrill D. Smith, author of "Breaking the Bonds"

"Whereas my husband, Enoch Darling, has at sundry times used me in so improper and cruel a manner, as to destroy my happiness and endanger my life, and whereas he has not provided for me as a husband ought, but expended his time and money unadvisedly, at taverns . . . . I hereby notify the public that I am obliged to leave him."
Phebe Darling, January 13, 1796

Hundreds of provocative notices such as this one ran in New England newspapers between 1790 and 1830. Theseelopement notices--advertisements paid for by husbands and occasionally wives to announce their spouses' desertions as well as the personal details of their marital conflicts--testify to the difficulties that many couples experienced, and raise questions about the nature of the marital relationship in early national New England.

Stray Wives examines marriage, family, gender, and the law through the lens of these elopement notices. In conjunction with legal treatises, court records, and prescriptive literature, Mary Beth Sievens highlights the often tenuous relationships among marriage law, marital ideals, and lived experience in the early Republic, an era of exceptional cultural and economic change.

Elopement notices allowed couples to negotiate the meaning of these changes, through contests over issues such as gender roles, consumption, economic support, and property ownership. Sievens reveals the ambiguous, often contested nature of marital law, showing that husbands' superior status and wives' dependence were fluid and negotiable, subject to the differing interpretations of legal commentators, community members, and spouses themselves.

Since the 1970s, policy-makers and advocates for mothers, fathers, and children have attempted to remedy some of the inherent problems of divorce_such as conflict over the children, delegation of decision-making responsibiities, poor communication skills, and lack of knowledge about children experiencing divorce_through state-level legislation for divorcing or divorced families. These policies have taken the forms of mandated mediation, legal presumptions for particular custodial arrangements, child support orders, divorce education programs for parents, and parenting plans. Mending Broken Families introduces social policies for divorced families by discussing their history and provides the first comprehensive assessment and review of their effectiveness.

Concern is growing about children's rights and the curtailment of those rights through the excesses of neoliberal governance. This book discusses children's spatial and citizenship rights, and the ways young people and their families push against diminished rights. Armed initially with theoretical concerns about the construction of children through the political status quo and the ways youth rights are spatially segregated, the book begins with a disarmingly simple supposition: Young people have the right to make and remake their spaces and, as a consequence, themselves. This book de-centers monadic ideas of children in favor of a post-humanist perspective, which embraces the radical relationality of children as more-than-children/more-than-human. Its empirical focus begins with the struggles of Slovenian Izbrisani ('erased') youth from 1992 to the present day and reaches out to child rights and youth activists elsewhere in the world with examples from South America, Eastern Europe and the USA. The author argues that universal child rights have not worked and pushes for a more radical, sustainable ethics, which dares to admit that children's humanity is something more than we, as adults, can imagine. Chapters in this groundbreaking contribution will be of interest to students, researchers and practitioners in the social sciences, humanities and public policy.

The aim of this book is to explore what response the law has or should have to different family practices arising from cultural and religious beliefs. The issue has become increasingly debated as western countries have become more culturally diverse. Although discussion has frequently focused on the role Islamic family law should have in these countries, this book seeks to set that discussion within a wider context that includes consideration both of theoretical issues and also of empirical data about the interaction between specific family practices and state law in a variety of jurisdictions ranging from England and Wales to Bangladesh, Botswana, Spain, Poland, France, Israel, Iran and South Africa. The contributors to the 17 chapters approach the subject matter from a variety of perspectives, illustrating its complex and often sensitive nature. The book does not set out to propose any single definitive strategy that should be adopted, but provides material on which researchers, advocates and policy makers can draw in furthering their understanding of and seeking solutions to the problems raised by this significant social development.

Lori Chambers' fascinating study explores the legal history of adoption in Ontario since the passage of the first statute in 1921. This volume explores a wide range of themes and issues in the history of adoption including: the reasons for the creation of statutory adoption, the increasing voice of unmarried fathers in newborn adoption, the reasons for movement away from secrecy in adoption, the evolution of step-parent adoption, the adoption of Indigenous children, and the growth of international adoption. Unlike other works on adoption, Chambers focuses explicitly on statutes, statutory debates and the interpretation of statues in court. In doing so, she concludes that adoption is an inadequate response to child welfare and on its own cannot solve problems regarding child neglect and abuse. Rather, Chambers argues that in order to reform the area of adoption we must first acknowledge that it is built upon social inequalities within and between nations.

This comprehensive Commentary provides an in-depth, article-by-article analysis of the Rome III Regulation, the uniform rules adopted by the EU to determine the law applicable to cross-border divorce and legal separation. Disputes on family matters form part of everyday litigation in the EU, with around 140,000 international divorces per year; this Commentary offers a clear legal understanding of the Regulation that governs this increasingly significant area of family law. Written by a team of renowned experts on private international law in relation to family matters, chapters contextualize and examine the provisions of the Regulation, with clear insight into the rationale behind the text. The contributors engage critically with each article, analysing Rome III's overall effectiveness and offering a balanced critique from a variety of European perspectives. Private international law scholars and practitioners alike will find this Commentary an incisive and useful point of reference. It will be of particular interest to those working in family law, including judges, lawyers, public notaries and family mediators, as well as graduate students looking for in-depth knowledge of the subject. Contributors include: A. Boiche, L. Carpaneto, C. Chalas, S. Corneloup, S. Dominelli, P. Franzina, C. Gonzalez Beilfuss, S.L. Goessl, P. Hammje, B. Heiderhoff, F. Jault-Seseke, N. Joubert, T. Kruger, C. Rupp, J. Verhellen

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"A collection that will interest and assist psychologists who work with the wide range of children included in this book. I learned a good deal in my reading of these articles and find it easy to recommend the book to any psychologist whose clinical practice, research, or teaching includes consideration of parent-child relationships, adoption, foster care, child custody, and the significance of family for individual development and social cohesion. . . . Wide-ranging and provocative in its approach to the issue addressed."--"The American Psychological Association"

"The essays encompass the main controversies in the field, placing them in their historical and social contexts. The book will be very useful for courses focusing on this issue, and will serve researchers in welfare history, public policy, legal history, family history, and history of childhood."--"CHOICE"

"A strong argument."--"The law and Politics Book Review"

"Cahn and Hollinger have covered diverse topics - from foster care, to attachment, to racial and ethnic identity in transracial adoption, to legal issues in gay and lesbian adoptions."--"Adoptive Families"

Since the mid-19th century, American law has recognized adoption as a way to create parent-child relationships. As the product of law, rather than blood, adoptive families have become a focal point for debates about the meaning of family, the rights and responsibilities of parents, and the best interests of children.

Families by Law brings together diverse perspectives on contemporary aspects of adoption law and practice. Following a historical overview of adoption in American law and society, the reader presents different responses to concerns about who may place children for adoption, the status of birth parents, who may adopt, and the legal and psychosocial consequences of adoption. The new frontiers of adoption are explored: from transracial and intercountry adoption, adoption by same sex couples, and the adoption of children with special needs, to the movements for opening records and maintaining post-adoption contact between adoptive and birth families. The relationship between adoption and assisted reproductive technologies is discussed, as are feminist, economic, and philosophical perspectives on adoption and procreation. The volume includes statutes and cases, advocacy organization statements, and pieces from legal scholars, social scientists, philosophers, psychologists, and sociologists in order to provide a wealth of information about the contemporary dimensions of adoption.

Families by Law provides undergraduates, as well as law, social welfare, and public policy graduate students and others interested in family relationships with a multifaceted context for understanding the complexities of contemporary family life.

Unaccompanied minor migrants are underage migrants, who for various reasons leave their country and are separated from their parents or legal/customary guardians. Some of them live entirely by themselves, while others join their relatives or other adults in a foreign country. The concept of the best interests of a child is widely applied in international, national legal documents and several guidelines and often pertains to unaccompanied minor migrants given that they are separated from parents, who are not able to exercise their basic parental responsibilities. This book takes an in-depth look at the issues surrounding the best interests of the child in relation to unaccompanied minor migrants drawing on social, legal and political sciences in order to understand children's rights not only as a matter of positive law but mainly as a social practice depending on personal biographies, community histories and social relations of power. The book tackles the interpretation of the rights of the child and the best interests principle in the case of unaccompanied minor migrants in Europe at political, legal and practical levels. In its first part the book considers theoretical aspects of children's rights and the best interests of the child in relation to unaccompanied minor migrants. Adopting a critical approach to the implementation of the Convention of Rights of a Child authors nevertheless confirm its relevance for protecting minor migrants' rights in practice. Authors deconstruct power relations residing within the discourses of children's rights and best interests, demonstrating that these rights are constructed and decided upon by those in power who make decisions on behalf of those who do not possess authority. Authors further on explore normative and methodological aspects of Article 3 of the Convention on the Rights of a Child and its relevance for asylum and migration legislation. The second part of the book goes on to examine the actual legal framework related to unaccompanied minor migrants and implementation of children's' rights and their best interests in the reception, protection, asylum and return procedures. The case studies are based on from the empirical research, on interviews with key experts and unaccompanied minor migrants in Austria, France, Slovenia and United Kingdom. Examining age assessment procedures, unaccompanied minors' survivals strategies and their everyday life in reception centres the contributors point to the discrepancy between the states' obligations to take the best interest of the child into account when dealing with unaccompanied minor migrants, and the lack of formal procedures of best interest determination in practice. The chapters expose weaknesses and failures of institutionalized systems in selected European countries in dealing with unaccompanied children and young people on the move.