This volume is a collection of articles by scholars across disciplines to create a discourse of family law independent of Religious Personal Law, whilst striving for fairness and justice to all. It demonstrates the artificiality of the public-private divide and seeks the systematic development of ideas for a fair and just family law in contemporary India. The book does not merely document the pathologies of power within the family but also makes proposals for remedying these inequities. It is not confined to considering what changes need to be inducted into existing family law to make it more just, but also strategises on the means and methods of effecting the change. It lifts the familial veil and scrutinises the status, rights and disabilities of some of the subordinated members of the family. The volume is an invitation to redefine family law with the twin tools of reflection and responsibility. It will interest those in law judges, legislators, law reformers as well as those in women and family studies, policy makers and policy analysts, apart from the general reader.

International child abduction occurs when one parent wrongfully (i.e. in breach of the parental responsibility of the other parent) takes a child to a country other than that of the child's habitual residence, or wrongfully keeps a child in such a country. The author of this work was part of a research team that conducted a study, partially funded by the European Commission, to examine this problem in Belgium and Hungary, analyzing cases from 2007 and 2008 and interviewing the affected parents. This book is a revised version of the Belgian research report, which sets the problem of child abduction within its international context. It looks at the families in which abductions took place, how preparations were made for an abduction, the quest for the return of the child (including legal proceedings), and the aftermath of the abductions. Throughout the book, the results of the quantitative and qualitative data are explained. What emerges is that when a child is abducted, the solutions offered by the law are often inadequate. Family conflict is a complex societal issue, and child abduction is a severe form of family conflict. Rather than responding to child abduction with strict and contentious legal proceedings, the book argues that solutions based on respect, psychological assistance, and a search for consensus should be favored. (Series: Studies in Private International Law)

This text presents an overview of the major issues and topics in current developments in Indian family law. Indian law has produced a number of very important innovations in the past two decades, which are also highly instructive for law reform debates in western and other jurisdictions. Topics discussed are: marriage, divorce, polygamy, maintenance, property and the Uniform Civil Code.

Advances in the field of Assisted Reproductive Technology (ART) have been revolutionary. This book focuses on the use of ARTs in the context of families who seek to conceive a matching sibling donor as a source of tissue to treat an existing sick child. Such children have been referred to as 'saviour siblings'. Considering the legal and regulatory frameworks that impact on the accessibility of this technology in Australia and the UK, the work analyses the ethical and moral issues that arise from the use of the technology for this specific purpose. The author claims the only justification for limiting a family's reproductive liberty in this context is where the exercise of reproductive decision-making results in harm to others. It is argued that the harm principle is the underlying feature of legislative action in Western democratic society, and as such, this principle provides the grounds upon which a strong and persuasive argument is made for a less-restrictive regulatory approach in the context of 'saviour siblings'. The book will be of great relevance and interest to academics, researchers, practitioners and policy makers in the fields of law, ethics, philosophy, science and medicine.

Routledge Q&As 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 Q&As and podcasts.

While in the past family life was characterised as a "haven from the harsh realities of life", it is now recognised as a site of vulnerabilities and a place where care work can go unacknowledged and be a source of social and economic hardship. This book addresses the strong relationships that exist between vulnerability and care and dependency in particular contexts, where family law and social policy have a contribution to make. A fundamental premise of this collection is that vulnerability needs to be analysed in a way that gets at the heart of the differential power relationships that exist in society, particularly in respect of access to family justice, including effective social policy and law targeted at the specific needs of families in mutually dependent caring relationships. It is therefore crucial to critically examine the various approaches taken by policy makers and law reformers in order to understand the range of ways that some families, and some family members, may be rendered more vulnerable than others. The first book of its kind to provide an intersectional approach to this subject, Vulnerabilities, Care and Family Law will be of interest to students and practitioners of social policy and family law.

The Civil Partnership Act 2004 and the Marriage (Same Sex Couples) Act 2013 are important legal, social and historical landmarks, rich in symbolic, material and cultural meanings. While fiercely opposed by many, within mainstream narratives they are often represented as a victory in a legal reform process that commenced with the decriminalisation of homosexuality. Yet, at the same time, for others they represent a problematic and ambivalent political engagement with the institution of marriage. Consequently, understood or labelled as 'revolutionary', 'progressive' and 'conservative', these legal reforms provide a space for thinking about issues that arguably affect everyone, regardless of sexual orientation or relationship status. This edited collection brings together scholars and commentators from a range of backgrounds, generations and disciplines to reflect on the first ten years of civil partnerships and the introduction of same-sex marriage. Rather than rehearsing the arguments 'for' and 'against' relationship recognition, the essays ask original questions, draw on a variety of methods and collectively provide a detailed and reflective 'snap shot' of a critical moment, a 'history of the present' as well as providing a foundation for innovative ways of thinking about and engaging with the possibilities and experiences arising from the new reality of relationship recognition for gays and lesbians.

Defining the Family: Law, Technology, and Reproduction in an Uneasy Age provides a sweeping portrait of the family in American law from the nineteenth century to the present. The family today has come to be defined by individuality and choice. Pre-nuptial agreements, non-marital cohabitation, gay and lesbian marriages have all profoundly altered our ideas about marriage and family. In the last few years, reproductive technology and surrogacy have accelerated this process of change at a breathtaking rate. Once simple questions have taken on a dizzying complexity: Who are the real parents of a child? What are the relationships and responsibilities between a child, the woman who carried it to term, and the egg donor? Between viable sperm and the wife of a dead donor? The courts and the law have been wildly inconsistent and indecisive when grappling with these questions. Should these cases be decided in light of laws governing contracts and property? Or it is more appropriate to act in the best interests of the child, even if that child is unborn, or even unconceived? No longer merely settling disputes among family members, the law is now seeing its own role expand, to the point where it is asked to regulate situations unprecedented in human history. Janet L. Dolgin charts the response of the law to modern reproductive technology both as it transforms our image of the family and is itself transformed by the tide of social forces.

First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.

This is the authoritative textbook on family mediation. As well as mediators, this work will be indispensable for practitioners and scholars across a wide range of fields, including social work and law. It draws on a wide cross-disciplinary theoretical literature and on the author's extensive and continuing practice experience. It encompasses developments in policy, research and practice in the UK and beyond. Roberts presents mediation as an aid to joint decision-making in the context of a range of family disputes, notably those involving children. Mediation is seen as a process of intervention distinct from legal, social work and therapeutic practice, drawing on a distinctive body of knowledge across disciplinary fields including anthropology, psychology and negotiation theory. Incorporating empirical evidence, the book emphasises the value of mediation in mitigating the harmful effects of family breakdown and conflict. First published in 1988 as a pioneering work, this fourth edition has been fully updated to incorporate legal and policy developments in the UK and in Europe, new sociological and philosophical perspectives on respect, justice and conflict, and international research and practice innovations.

Family Law provides a comprehensive foundation in the key topics covered by courses. It explains the basic principles of the law and practice in their social, economic and historic context, enabling the reader to understand the doctrinal and practical impact of current radical changes in family law in response to cultural and other influences. This second edition has been fully updated in the light of on-going changes to the family justice system including: the modernisation of family justice including the new Family Court Atypical formation of the contemporary family: genetic, adoptive, social or through HAR the proposed administrative extra-judicial divorce process financial orders on married and unmarried family relationship breakdown enhanced parental responsibility, 'Parental Agreements' and 'Child Arrangement Orders' the treatment of post separation parenting (and the new DWP child support system) reforms to public child law, including changes to adoption same-sex marriage and the impact on traditional marriage and cohabitation Visit the companion website for practice questions, updates to the law and podcasts by the author at http://www.routledge.com/cw/burton-9780415583640

Economists have studied numerous fields of law for many years, but family law was virtually neglected until the early 1970s. It was only relatively recently that economic insights about the family crept into the consciousness of those involved in legal research. The articles within this book explore a range of family law issues and include discussions on a variety of topics including cohabitation, births outside marriage, courtship, premarital contracting, marriage and parenting. The volume includes papers on the division of responsibilities between family and state, the effects of no-fault divorce, alimony, property division and child custody. There are also works on intergenerational transfers and the elderly. The collection contains articles written by leading authorities in the field and provides a stimulating exploration of the subject of family law and economics. The book will be accessible to a wide audience, including students of law and economics, as well as both academic and practising lawyers. The questions posed in this volume are worthy of consideration by the next generation of academics.

A new revised and updated edition of an indispensable classic

This updated Second Edition of Investigative Accounting in Divorce provides a solid grounding in every aspect of investigative accounting services in divorce proceedings. It provides a broad overview of the process of evaluating the true financial worth and cash flow of parties in a divorce while also discussing the working relationship between the accountant and the attorney. In addition, it offers divorce accountants detailed coverage of all the most important methods and approaches to the distribution of property and the determination of financial support. It provides guidance on the investigation, uncovering, and documentation of unreported income and includes a wealth of sample worksheets, forms, and checklists appropriate in a variety of situations. Also included are tips on valuation of both client and adversarial assets and on writing valuation reports. All the information divorce accountants need in order to execute their duties is provided including guidance on trial and pretrial negotiations, dealing with clients, documents and documentation, economic and tax issues, balance sheets, expenses and fees, alimony and support, and post-divorce services. Investigative Accounting in Divorce, Second Edition is the most comprehensive and up-to-date resource available for accountants involved in divorce actions.

The current surge of displaced and trafficked children, child soldiers, and child refugees rekindles the virtually dead letter of the Genocide Convention prohibition on transferring children of one group to another. This book focuses on the gap between genocide as a legal term and genocidal forcible child transfer as a catastrophic experience that disrupts a group's continuity. It probes the Genocide Convention's boundaries and draws attention to the diverse, yet highly similar, patterns of forcible child transfers cases such as colonial genocide in the US, Canada, and Australia, Jewish-Yemeni immigrants in Israel, children of Republican parents during the Spanish Civil War and its aftermath, and Operation Peter Pan in Cuba. The analysis highlights the consequences of the under-inclusive protection granted only to four groups. Ruth Amir argues effectively for the need to add an Amending Protocol to the Genocide Convention to protect from forcible transfer to children of any identifiable group of persons perpetrated with the intent to destroy the group as such. This proposed provision together with Communications and Rapid Inquiry Procedures will highlight the gravity of forcible child transfers and contribute to the prevention and punishment of genocide.

This book focuses on Islamic family law as interpreted and applied by judges in Europe, Australia and North America. It uses court transcriptions and observations to discuss how the most contentious marriage-related issues - consent and age of spouses, dower, polygamy, and divorce - are adjudicated. The solutions proposed by different legal systems are reviewed , and some broader questions are addressed: how Islamic principles are harmonized with norms based on gender equality, how parties bargain strategically in and out of court, and how Muslim diasporas align their Islamic worldview with a Western normative narrative.

Groups seeking legal equality often take a victory as the end of the line. Once judgment is granted or a law is passed, coalitions disband and life goes on in a new state of equality. Policy makers too may assume that a troublesome file is now closed. This collection arises from the urgent sense that law reforms driven by equality call for fresh lines of inquiry. In unintended ways, reforms may harm their intended beneficiaries. They may also worsen the disadvantage of other groups. Committed to tackling these important issues beyond the boundaries that often confine legal scholarship, this book pursues an interdisciplinary consideration of efforts to advance equality, as it explores the developments, challenges, and consequences that arise from law reforms aiming to deliver equality in the areas of sexuality, kinship, and family relations. With an international array of contributors, After Legal Equality: Family, Sex, Kinship will be an invaluable resource for those with interests in this area.

This collection discusses how official legal systems do and should respond to the reality of a plurality of family types and origins within their jurisdictions. It further examines the challenges that arise for practitioners, including lawyers and judges, when faced with such plurality. Focussing on empirical research, the volume presents legal and sociological data of unprecedented comparative depth. It also includes a discussion of how members of minority families respond to the need to organise their legal relationships, and to resolve their disputes in the shadow of official legal systems which differ from those of their familial and communal traditions. The work invites reflection, and demonstrates the urgency and complexity of the questions regarding the search for justice in the field of family life in Europe today.

While there are many books on Islamic family law, the literature on its enforcement is scarce. This book focuses on how Islamic family law is interpreted and applied by judges in a range of Muslim countries - Sunni and Shi'a, as well as Arab and non-Arab. It thereby aids the understanding of shari'a law in practice in a number of different cultural and political settings. It shows how the existence of differing views of what shari'a is, as well as the presence of a vast body of legal material which judges can refer to, make it possible for courts to interpret Islamic law in creative and innovative ways.

While in the past family life was characterised as a "haven from the harsh realities of life", it is now recognised as a site of vulnerabilities and a place where care work can go unacknowledged and be a source of social and economic hardship. This book addresses the strong relationships that exist between vulnerability and care and dependency in particular contexts, where family law and social policy have a contribution to make. A fundamental premise of this collection is that vulnerability needs to be analysed in a way that gets at the heart of the differential power relationships that exist in society, particularly in respect of access to family justice, including effective social policy and law targeted at the specific needs of families in mutually dependent caring relationships. It is therefore crucial to critically examine the various approaches taken by policy makers and law reformers in order to understand the range of ways that some families, and some family members, may be rendered more vulnerable than others. The first book of its kind to provide an intersectional approach to this subject, Vulnerabilities, Care and Family Law will be of interest to students and practitioners of social policy and family law.

While masculinities theory has had much to say on relationships of subordination, few feminist legal scholars have examined the implications of masculinities theory for feminist legal theory. This volume investigates the ways in which emerging masculinities theory in law could inform feminist legal theory in particular and law in general. As many of the chapters in this collection illustrate, law is constantly in a dynamic interaction with masculinities: it has both influenced existing masculinities and has been influenced by those masculinities. The contributions focus feminist and critical theoretical attention on masculinities and consider the implications of masculinities theory for law and legal theory. The book sets out the theoretical trajectory of masculinities studies as a field and its application in law and uses insights from a masculinities approach to study socio-political construction of gender identities in specific settings. It also explores how understanding historical construction of gender identities can inform more effective public policy and activism. Written by leading experts in the area, the book poses important questions about the development of the relationship between feminisms and masculinities theory and will be essential reading for those working in law and gender and related areas.

Clear, straightforward explanations and easy-to-follow examples ensure students' understanding of what is often considered a complex and difficult subject. Lively, humorous writing style and focus on real people and real situations help to bring equity and trusts to life, challenging preconceptions and engaging even the most resistant of students Focus on areas of contemporary interest and rapid recent development such as the family home; charities law and commercial uses of trusts to help students to see how the law impacts on individuals and businesses every day. Shorter, punchier and more accessible to a broader range of students than Alastair Hudson's classic textbook, this is sure to appeal to today's time-pressured law student. New edition updated to include the latest developments in case law.

First published in 1984, this book made an important and timely contribution to the development of the idea that the law is a major source of women's oppression. Based on research of the theory and practice of family law, it examines the way in which private law operates to sustain, reproduce and reinforce the dependence of women in the most private of spheres, namely marriage. The author focuses on the point of break down or divorce, where the economic vulnerability of women caused by marriage and the sexual division of labour is most clearly expressed. She points to the way in which the law, while mitigating the worst excesses of men's power over women in marriage, has consistently failed to tackle the economic structure of marriage and women's fundamental material vulnerability inside the family. She confronts various myths on divorce legislation in Britain and discusses alternative feminist proposals for tackling the problems caused by women's economic dependence in marriage. Although Smart writes in 1984, many of the issues she discusses retain their significance in today's society.

This collection of essays examine the process and problems of law reform with special reference to the development of family law. The author, Stephen Cretney, who is one of the UK's most distinguished family lawyers, demonstrates the different pressures and influences that affect the development of the law, including the views of judges, the advice of civil servants and the requirements of Parliamentary drafting to an extent which has not previously been appreciated. Topics covered include the involvement of the Church in the 1969 divorce reforms; the struggle for power within the family from 1925 to 1975; approaches to the reform of intestacy; the Children Act of 1948; and the early days of marriage conciliation, amongst others.

While masculinities theory has had much to say on relationships of subordination, few feminist legal scholars have examined the implications of masculinities theory for feminist legal theory. This volume investigates the ways in which emerging masculinities theory in law could inform feminist legal theory in particular and law in general. As many of the chapters in this collection illustrate, law is constantly in a dynamic interaction with masculinities: it has both influenced existing masculinities and has been influenced by those masculinities. The contributions focus feminist and critical theoretical attention on masculinities and consider the implications of masculinities theory for law and legal theory. The book sets out the theoretical trajectory of masculinities studies as a field and its application in law and uses insights from a masculinities approach to study socio-political construction of gender identities in specific settings. It also explores how understanding historical construction of gender identities can inform more effective public policy and activism. Written by leading experts in the area, the book poses important questions about the development of the relationship between feminisms and masculinities theory and will be essential reading for those working in law and gender and related areas.

Slaves, mistresses, concubines - the English courts have used these terms to describe polygamous wives in the past, but are they still seen this way today? Using a critical postcolonial feminist lens, this book provides a contextualized exploration of English legal responses to polygamy. Through the legacies of British imperialism, the book shows how attitudes to polygamy are shaped by indifference and hostility towards its participants. This goes beyond the law, as shown by the stories of women shared throughout the book negotiating their identities and relationships in the UK today. Through its analysis, the book demonstrates how polygamy and polygamous wives are subjected to imperialist and orientalist discourses which dehumanise them for practising a relationship that has existed for millennia.