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.

"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.

This title was first published in 2000: The great mobility of people and capital in the world today means that the likelihood of a person acquiring and dying with assets in more than one jurisdiction is probably greater than ever. As a result an English lawyer is now more and more likely to encounter a multinational estate. This book aims to examine the international aspects of succession primarily from the perspective of an English lawyer, but utilizing in addition to English cases and materials, cases and materials from other common law jurisdictions, particularly, Australia, Canada and New Zealand. The body of case law and materials from these jurisdictions forms a valuable resource for dealing with common problems. They also form the basis for an evaluation of developments in the subject generally and the possible impact of conventions designed to achieve uniformity in the rules of private international law relating to succession. This examination will be of interest to practitioners as well as to those concerned with the subject in an academic environment.

This collection brings together experts from a wide variety of legal disciplines to comment on the way in which different areas of law affect the functioning family today. It refocuses attention on the intact family and the legal issues that affect it. The volume brings a modern critical approach to bear on the broad range of subjects that used to constitute 'family law.' A key consideration in this collection is the way in which law itself is premised upon, and in turn constructs, a particular image of the family. By bringing different areas of law together, it is possible to explore how differing ideas about 'the family' inform different areas of law. This approach allows Law and the Functioning Family to analyse the extent to which the law is (in)consistent in its concept and treatment of the family, both within and across disciplines. This is particularly timely in view of the passage of the Civil Partnership Act 2004, the implications of which reverberate throughout family law and allied disciplines, and the Law Commission's plans to reconsider the position of cohabiting couples.

First published in 1996. Routledge is an imprint of Taylor & Francis, an informa company.

The first book to examine the critical area of land law from a feminist perspective, it provides an original and critical analysis of the gendered intersection between law and land; ranging land use and ownership in England and Wales to Botswana, Papua New Guinea and the Muslim world.

The authors draw upon the diverse disciplinary fields of law, anthropology and geography to open up perspectives that go beyond the usually narrow topography and cartography of land law. Addressing an unorthodox variety of sites where questions of women's access and rights to land are raised, this book includes chapters on:

• shopping malls
• ancient monuments
• nature reserves
• housing estates
• the family home.

An interdisciplinary and enlivening account of feminist perspectives on land law, it is an excellent addition to the bookshelves of students and researchers in legal studies, gender studies, social anthropology and social geography.

The first book to examine the critical area of land law from a feminist perspective, it provides an original and critical analysis of the gendered intersection between law and land; ranging land use and ownership in England and Wales to Botswana, Papua New Guinea and the Muslim world.

The authors draw upon the diverse disciplinary fields of law, anthropology and geography to open up perspectives that go beyond the usually narrow topography and cartography of land law. Addressing an unorthodox variety of sites where questions of women's access and rights to land are raised, this book includes chapters on:

• shopping malls
• ancient monuments
• nature reserves
• housing estates
• the family home.

An interdisciplinary and enlivening account of feminist perspectives on land law, it is an excellent addition to the bookshelves of students and researchers in legal studies, gender studies, social anthropology and social geography.

Countries around the world are facing pressing needs to enhance financial planning mechanisms for individuals with cognitive impairment. The book provides the first comparative study of the three most common of such mechanisms in Asia and the West, namely guardianship, enduring/lasting powers of attorney, and special needs trusts. It involves not only scholarly overviews of the mechanisms in the jurisdictions studied, but also thorough, structured and critical reviews of their operational experiences. This book will have broad appeal to scholars, students, law and policy makers and practitioners in the fields of mental disability, healthcare and elder law. It is widely recognised in the field that books like this one are needed. This book will also be of interest to undergraduate and graduate students in mental health, disability law and elder law.

Examining specific areas of family law from a feminist perspective, this book assesses the impact that feminism has had upon family law. It is deliberately broad in scope, as it takes the view that family law cannot be defined in a traditional way. In addition to issues of long-standing concern for feminists, it explores issues of current legal and political preoccupation such as civil partnerships, home-sharing, reproductive technologies and new initiatives in regulating family practices through criminal law, including domestic violence and youth justice.

I have no doubt that this book will become an invaluable tool for family and children's court judges and magistrates, psychiatrists, psychologists, social workers, police and the many other professionals who work in this field.'The Honourable Alastair Nicholson, former Chief Justice of the Family Court of Australia A ground-breaking, comprehensive, honest, well researched and courageous book that should be essential reading for all politicians and professionals involved in both the Family Court of Australia and state child protection systems.'Emeritus Professor Freda Briggs AOChild abuse in the context of parental separation and divorce is not a malicious allegation, nor a misunderstanding. It is a real and growing problem with very young children as the primary victims. Child Abuse and Family Law draws on pioneering research to identify the causes, features and impact of child abuse in parental separation and divorce. The authors argue that professionals working with these families need to better understand the specific and often severe nature of this abuse to improve outcomes for both the children and their families.The authors develop a much-needed practice framework for all socio-legal professionals involved in the family law system. Using case studies, they take a multi-disciplinary approach to outline strategies for family lawyers, child legal representatives, social workers, child protection workers, psychologists, psychiatrists, health workers and teachers.

Examining specific areas of family law from a feminist perspective, this book assesses the impact that feminism has had upon family law. It is deliberately broad in scope, as it takes the view that family law cannot be defined in a traditional way. In addition to issues of long-standing concern for feminists, it explores issues of current legal and political preoccupation such as civil partnerships, home-sharing, reproductive technologies and new initiatives in regulating family practices through criminal law, including domestic violence and youth justice.

Exploring the main developments and challenges for the right to family life in the context of European integration, this book examines the right to family life in the EU Charter of Fundamental Rights and the interplay between family life, citizenship, and free movement; it analyzes the combined impact of the EU and the European Convention on Human Rights on the concept of the family protected by the law in light of recent case law. Considering the broadening understanding of what constitutes family, the challenges for the right to family life in the context of immigration, and the protection of families and social rights it provides a comprehensive overview of the current state of family life in the European Union.

Legal aid for family cases in private law, mainly divorce and separation, where the state is not directly involved as it is in public law cases where there are issues of domestic violence or neglect or abuse of children, came to an abrupt end together with help for welfare and immigration cases on April 1 2013 when the Legal Aid Sentencing and Punishment of Offenders Act (LASPO) came into effect. This book presents an account of the wide ranging problems which the researchers and practitioners expected to ensue. Sadly, their fears have been realised in many areas of legal help and advice. The National Audit Office was to take the view in 2014 that although the Ministry of Justice had succeeded in making considerable savings in the cause of austerity that they had failed to investigate or understand the impact of these cuts on the individuals concerned and society as a whole. This book was previously published as a special issue of the Journal of Social Welfare and Family Law.

Everyday Law for Children provides an accessible introduction to laws that affect children and families and the dominant public debates that surround and drive these laws. Using real-world examples, the book exposes the tension between reliance on the private, autonomous family and the public's desire to secure child well-being. A look at some public systems, such as child welfare and juvenile delinquency, shows that an initial public aspiration to assist children and families is often frustrated by a lack of resolve and resources. In other areas, such as education and healthcare, the public shrinks from a commitment to comprehensive child well-being. Everyday Law for Children makes a case for the improvement of public systems by focusing on pragmatic goals related to child well-being. More immediately, it makes a case for zealous advocates for children who can have a dramatic impact on children's everyday lives. Accordingly, the book provides an annotated list of resources and contact information for parents and for service providers who need help addressing specific problems within complex public systems.

International law has become part of everyday family law practice, as lawyers everywhere are confronted with questions regarding the rights of 'mail-order' brides, the adoption of children from other countries, the abduction of children by foreign parents, and domestic violence victims seeking asylum. Indeed, globalization is transforming family law, even as families themselves are being redefined. This book provides a practical overview of such issues and also examines the ways in which culture shapes family law in different countries. It provides students with a useful introduction to challenging, complicated and fascinating issues in international family law. Finally, by incorporating a comparative perspective, it gives readers an opportunity to re-examine their own legal systems.

Routledge QandAs give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in assessment. Each book contains essay and problem-based questions on the most commonly examined topics, complete with expert guidance and model answers that help you to: Plan your revision and know what examiners are looking for: Introducing how best to approach revision in each subject Identifying and explaining the main elements of each question, and providing marker annotation to show how examiners will read your answer Understand and remember the law: Using memorable diagram overviews for each answer to demonstrate how the law fits together and how best to structure your answer Gain marks and understand areas of debate: Providing revision tips and advice to help you aim higher in essays and exams Highlighting areas that are contentious and on which you will need to form an opinion Avoid common errors: Identifying common pitfalls students encounter in class and in assessment The series is supported by an online resource that allows you to test your progress during the run-up to exams. Features include: multiple choice questions, bonus QandAs and podcasts.

Forensic Mental Health Professionals have entered the fray of child custody litigation in ways that could not have been predicted even a decade ago. Traditionally engaged as neutral court appointed evaluators or mediators, or as treatment providers for children, parents or families, FMHPs are assuming a range of consulting functions. Services span a wide range, including providing expert testimony on specific content areas; reviewing and critiquing colleague's work product; providing behind the scenes consultation to attorneys, and even help attorneys manage difficult cases and clients. These more recent services raise questions about sound professional practice. This volume tackles these thorny issues head on, and discusses questions how consultants can work creatively and ethically to make a positive contribution in the challenging world of family law. This book was originally published as a special issue of Journal of Child Custody.

This unique selection of chapters brings together researchers from a variety of academic disciplines to explore aspects of law's engagement with working families. It connects academic debate with policy proposals through an integrated set of approaches and perspectives. Families, Care-giving and Paid Work offers an original approach to a very topical area. Not only does it consider the limitations of law in relation to the regulation of care-giving and workplace relationships, but it is premised upon a reconsideration of law's potential and engages with suggested strategies for bringing about long-term social change. Offering a range of analyses, this book will strongly appeal to policy makers and practitioners involved with promoting work and family issues, students in labor and employment studies, law and social policy, as well as academics interested in work and family reconciliation issues, or gender and law issues. Contributors: N. Busby, T. Callus, E. Caracciolo di Torella, S. Charlesworth, R. Guerrina, R. Horton, G. James, C. Lyonette, S. Macpherson, A. Masselot, O. Smith, M. Weldon-Johns

First published in 1998, this book seeks to consider the application of international human rights standards to situations where children are at risk of torture and other forms of ill-treatment. Each of the contributors authoritatively examines torture, cruel, inhuman and degrading treatment and punishment from the perspective of their own discipline and experience. In exploring the issues, Childhood Abused, also helps to raise their profile, as invisibility, ignorance and secrecy contribute to the continuation of such practices. The subject is harrowing and complex, Childhood Abused, needs to be read so that we are better able to prevent and protect children against such abhorrent and prohibited forms of ill-treatment.

As the radical reforms contained in the Enterprise Act 2000 have come fully on-stream, Personal Insolvency Law has become a major focus of attention. At the same time, all evidence points to increasing levels of personal debt with the consequential rise in bankruptcies. Personal Insolvency Law, Regulation and Policy therefore provides a timely evaluation of the current state of English law in this important area. The volume presents a critical analysis of the regimes of bankruptcy and individual voluntary arrangement in the context of current policy goals. It examines the impact of the Insolvency Act 2000 and the Enterprise Act 2002, and discusses the treatment of bankruptcy within the global economy. The book will be a valuable guide for students and academics engaged in the study of this increasingly important branch of private law. The study will also be of value to practitioners and policy makers.

The Convention on Preventing and Combating Violence against Women and Domestic Violence (also known as the Istanbul Convention) was adopted by the Committee of Ministers of the Council of Europe on 7 April 2011. The Convention entered into force on 1 August 2014 and has currently been ratified by 22 states. This Convention constitutes a crucial development as regards the movement to combat gender-based violence, as it sets new legally binding standards in this area. This book provides a detailed analysis of the Convention and its potential to make an impact in relation to the specific issue of domestic violence. The book places the Istanbul Convention in context with regard to developments relating to domestic violence as a human rights issue. The background to the adoption of the Convention is examined, and the text of this instrument is analysed in detail. Comparative analysis is engaged in with reference to the duties that have been placed on states by other bodies such as the UN Committee on the Elimination of Discrimination against Women and the European Court of Human Rights. Comparisons are also drawn with the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women and with the relevant provisions of the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa. An in-depth examination of the advantages of the adoption of the Istanbul Convention by the Council of Europe is provided along with a detailed analysis of the challenges faced by the Convention. The book concludes with a number of brief reflections in relation to the question of whether the adoption of a UN convention on violence against women may be a possible development, and the potential such an instrument holds, in the context of domestic violence.

First published in 2005. This book provides trainees and newly qualified solicitors with a first aid kit for dealing with the most common aspects of work in a busy family department, including domestic violence, private children matters, ancillary relief applications and cohabitation disputes.

Understanding Family Law is a clear and concise book for students of family law. The text is easy to digest, and even the most complex issues are presented in a user-friendly way without becoming patronising. The book has been specifically designed to be used as a study guide by students at all levels, and will appeal particularly to those who struggle with the more traditional textbooks. The reader is encouraged to think beyond the confines of the page through self-assessment questions. The book is designed primarily for full time undergraduate LLB students, but will also prove useful for those studying family law on part time and Diploma in Law courses.

Dealing with the interface between the Alternative Dispute Resolution (ADR) movement and the phenomenon of domestic violence against women, this book examines the phenomenon of divorce disputes involving violence through the prism of 'alternative justice' and the dispute resolution mechanisms offered by the ADR movement. This book is the first academic treatise presenting the theoretical underpinnings of the correlation between the ADR movement and divorce disputes involving violence, and the potential contribution of this movement to the treatment of disputes of this nature. Through mapping the main values of the ADR movement, the book proposes a theoretical-analytical basis for understanding the inability of the legal system to deal with disputes of this nature, alongside a real alternative, in the form of the ADR mechanisms.

'Across Canada efforts have been made to introduce information technology solutions into the health care sector for the past two decades. As with any journey the maps and journals are only produced at the end of the adventure. With this book Dr Shaw has provided a road map that will help guide those physicians who are now thinking about starting down this road or those who may have taken a wrong turn and are trying to make mid-course corrections. Dr Shaw is a health informatician with a wealth of experience in analyzing the impact of using IT in a health care environment. Since coming to Canada she has spent considerable time talking to physicians as well as government and vendors about the status of IT in the Canadian healthcare system. Computerization and Going Paperless in Canadian Primary Care is a dispassionate and scientific analysis of the issues and problems facing those who are trying to create a paperless practice. Here you will be provided with advice on how to chose a clinical system how to manage the transition into a paperless office and offers an abundance of resource materials to help you through the process.' William Pascal Chief Technology Officer Canadian Medical Association