Over the past 20 years, the growing shortage of adoptable infants in Britain and the United States has resulted in a number of couples acquiring their family from abroad, yet the effort needed to acquire such a child from another country is enormous. So what exactly are the costs, hazards and emotional difficulties involved, and why do some couples feel that this is their only chance of becoming adoptive parents? "Inter-Country Adoption" charts the experiences of eight couples who between them have adopted eleven children from South America, India and Sri Lanka who ranged in age from four months to seven years. The main emphasis of these first-hand accounts is on the events leading up to the decision to adopt from abroad and on the obstacle course which followed and which involved dealing with the authorities in Britain and in the child's country of origin. The final two chapters are by an academic social worker and a parliamentary campaigner who examine the legal and ethical considerations of inter-country adoption.

Law and Policy in Modern Family Finance - Property Division in the 21st Century adopts a conceptual approach to address key questions about the legal division of property when a marriage, civil union, de facto relationship, or other close personal relationship ends. These questions include: which relationships should be subject to a statutory regime; which property should be shared; whether property held on trust should be included; how property should be shared; how economic disparity caused by the division of functions within the relationship should be addressed, if at all; whether, and if so to what extent, the interests of children of the relationship should be considered; whether parties should be allowed to contract out of a statutory regime and, if so, whether such contracts should be binding; and whether death should be treated in the same way as relationship break-down.The authors use New Zealand's current legislative framework as a basis for critical analysis and reflection. Despite New Zealand's Property (Relationships) Act 1976 being hailed as socially progressive legislation when it was enacted, there is concern in New Zealand that its property sharing regime no longer meets society's needs and expectations. However, issues of fairness, equality, and modern complexities in the division of relationship property are not unique to New Zealand. Other jurisdictions are facing similar problems, including Australia, England and some continental European countries.The inclusion of internationally recognised relationship property experts from England, Australia and Germany ensures the utility of the book for international audiences, making it of interest to law reformers, academics, the judiciary, the legal profession, and law students everywhere in the world.

The Children Act 1989 introduces the most radical changes to child care law for a generation. Eekelaar and Dingwall provide a concise, practical guide to the legislation for all professionals practising in this area. This book should be of interest to students and practitioners of social work, applied social studies, health visiting, and law.

This title was first published in 2002. Gender has become a culturally laden signifier. Sometimes used to differentiate the social from the biological, gender itself has become gendered. In common parlance gender issues often slide inexorably into women's issues and are in that way designated as marginal and outside the concerns and lives of ordinary men and women. In this book, signifiers such as gender, worker and family are unpacked and suggestions are made as to how common usage of these signifiers reinforce existing practices and act as barriers to change. Some of these changes are legal, others are social and others are driven by political and policy agendas. By looking at five areas: equal opportunity law, family law, industrial relations law, social welfare law and taxation law, which are all profoundly gendered, the author examines ways in which men and women see their roles and choices and how these are related to the state, as citizens. The author then examines the definition of citizenship and looks in detail at the concept of the unencumbered citizen, who is unencumbered by interpersonal obligations, responsibilities and beliefs, using comparative material from Australia, North America and the United Kingdom.

This title was first published in 2001. Making decisions about the care and protection of children who appear before the courts is complex. Attention must be paid to the best interests of the child, the child's need for their family, community views on parenting, and concern about welfare intrusion into family life. Magistrates have a unique authority to make, or reject child protection orders - yet the criteria they use to decide a protection order, how they understand the information presented to them in court and the factors that influence their discretion and decision-making have, until now, been little known. Presenting the findings of a study undertaken at Melbourne Children's Court, this book offers a much-needed investigation of how magistrates actually make child protection decisions. Case examples highlight this decision-making and the book thus offers practical assistance to professionals working with children in the legal process.

This title was first published in 2002.In this informative and captivating book the author presents a moral critique of the laws governing the creation of designer babies. Alan Gewirth's Principle of Generic Consistency is used as the starting point for developing a framework, which is then used to critique the legal position in the EU countries (with particular reference to the UK), Canada and the USA. The conclusion the author reaches is that a proper moral response to the issues covered must take account of specified prima facie presumptions, to be applied by legitimately appointed regulatory bodies. The text assesses the adequacy of existing regulatory responses by reference to these presumptions. Also containing detailed appendices summarizing the legal position with regard to abortion and prenatal diagnosis, preimplantation genetic diagnosis, in vitro embryo research, cloning, and germ-line gene therapy in the countries mentioned above, this volume is an indispensable resource for both students and scholars with a keen interest in this highly contested field.

The legislative process is complex, encompassing a variety of aims and outcomes. Some norms and rules are embodied in law because we are simply expected by government to follow them. Others are there for entirely different reasons. A legislator may wish to send messages about what constitutes desirable behaviour, to demonstrate government's ability to deal with a local and short-term issue or to distract the electorate from other crises. Law is often, though not always, designed as a means to an end. Taking a sociological and empirically-based approach, this book offers a rare insight into the real processes by which lawmakers attempt to influence (or fail to influence) human behaviour. This account of the legislative process in Westminster rests on the author's observations and discussion with key players from the standpoint of an academic adviser on research to the department responsible for family law-making (originally the Lord Chancellor's department, then the Department for Constitutional Affairs and now the Ministry of Justice) and draws on her longstanding involvement in and knowledge of the processes of law-making. Documenting the little understood processes that occur in Whitehall, in particular how ministers, advisers and officials work together, it reveals a quite different picture from that of the rational lawmaker imagined in textbooks. Instead what emerges is an empirically-based view of the aims and functions of statute law including the different forms and relevance of symbolic legislation and a realistic view of what law aims to accomplish and what can be done in practice.

This title was first published 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 title was first published in 2002: After outlining the origins and development of family mediation on a world-wide basis, this book assesses family mediation services in the Republic of Ireland and Northern Ireland, within the context of the empirical and theoretical debates surrounding the practice. It is the first comprehensive study of the area in Ireland, appearing at an opportune time, due to the expansion of the service in the Republic and its virtual collapse in Northern Ireland. It argues that the service provided in the Republic of Ireland is appreciated by clients and is successful, although the issue of domestic violence remains. In contrast, it suggests that the absence of service provision in Northern Ireland is problematic, since it undermines consumer choice.

Fresh approaches to how premodern women were viewed in legal terms, demonstrating how this varied from country to country and across the centuries. There has been a tendency in scholarship on premodern women and the law to see married women as hidden from view, obscured by their husbands in legal records. This volume provides a corrective view, arguing that the extent to which the legal principle of coverture applied has been over-emphasized. In particular, it points up differences between the English common law position, which gave husbands guardianship over their wives and their wives' property, and the position elsewhere in northwest Europe, where wives' property became part of a community of property. Detailed studies of legal material from medieval and early modern England, Wales, Scotland, Ireland, Ghent, Sweden,Norway and Germany enable a better sense of how, when, and where the legal principle of coverture was applied and what effect this had on the lives of married women. Key threads running through the book are married women'srights regarding the possession of moveable and immovable property, marital property at the dissolution of marriage, married women's capacity to act as agents of their husbands and households in transacting business, and married women's interactions with the courts. Cordelia Beattie is Senior Lecturer in Medieval History at the University of Edinburgh; Matthew Frank Stevens is Lecturer in Medieval History at Swansea University Contributors: Lars Ivar Hansen, Shennan Hutton, Lizabeth Johnson, Gillian Kenny, Mia Korpiola, Miriam Muller, S.C. Ogilvie, Alexandra Shepard, Cathryn Spence.

Police response to incidents of intimate partner violence can be critical. This volume investigates the elements in the institutional, legal and organizational context that are relevant for police response to incidents in the realm of the private sphere and whether there exists a relation with the reporting of such incidents by victims. Addressing this complex question requires insights from research, policy and practice and, as such, any conclusions will have implications for each of these fields. This volume addresses issues that are key elements in the relationship between the (legal) response to family violence and the reporting by victims. These issues concern societal and legal definitions of family violence employed in research, policy making and legal practice; how the legislation of various countries covers violence in the private sphere; the way the police deal with reported incidents of intimate partner violence; and the role that other interventions play in the response to and combat of family violence and intimate partner violence.

With 1994 designated the United Nations Year of the Family, young children and their relationship with parents and carers is firmly back on the political agenda. Amongst recent legislation to meet this agenda in Britain is the Children Act 1989. The Act seeks to improve the position and perception of children in society, by stressing the rights of children and the responsibilities that parents and the caring professions have towards them. Working Together For Young Children addresses the central issues facing young children and their families in the light of this new social and political climate. The contributors - experienced in the fields of health, education, social and voluntary services - provide information, research evidence and ideas about practice in the light of recent legislative reform. Emphasising the need for continuity, comprehensiveness and collaboration at all levels of care provision, different chapters explore the services directed at children `in need' as well as children in general.

Routledge Lawcards are your complete, pocket-sized guides to key examinable areas of the undergraduate law curriculum and the CPE/GDL. Their concise text, user-friendly layout and compact format make them an ideal revision aid. Helping you to identify, understand and commit to memory the salient points of each area of the law, shouldn't you make Routledge Lawcards your essential revision companions? Fully updated and revised with all the most important recent legal developments, Routledge Lawcards are packed with features: Revision checklists help you to consolidate the key issues within each topic Colour coded highlighting really makes cases and legislation stand out Full tables of cases and legislation make for easy reference Boxed case notes pick out the cases that are most likely to come up in exams Diagrams and flowcharts clarify and condense complex and important topics '...an excellent starting point for any enthusiastic reviser. The books are concise and get right down to the nitty-gritty of each topic.' - Lex Magazine Routledge Lawcards are supported by a Companion Website offering: Flashcard glossaries allowing you to test your understanding of key terms and definitions Multiple Choice Questions to test and consolidate your revision of each chapter Advice and tips to help you better plan your revision and prepare for your exams Titles in the Series: Commercial Law; Company Law; Constitutional Law; Contract Law; Criminal Law; Employment Law; English Legal System; European Union

Argues that cultural conceptions of children - and childhood - played a key role in legalizing gay marriage Legally Straight offers a critical reading of the legal debates over lesbian and gay marriage in the United States. The book draws on key judicial opinions to trace how our understanding of heterosexuality and marriage has changed. Upon closer inspection, it seemed that the cultural value of marriage was becoming tarnished and the trouble appeared to center on one very specific issue: reproduction. As opponents of lesbian and gay marriage emphasized the link between marriage and accidental pregnancy, the evidence mounted, the arguments proliferated, and resistance began to turn against itself. Heterosexuality, it seemed for a moment, was little more than a set of palliative prescriptions for the worst of human behavior, and children became the victims. It thus became the province of the courts to reinforce the cultural value of marriage by resisting what came to be known as the "procreation argument," the assertion that marriage exists primarily to regulate the unruly aspects of heterosexual reproduction. Cultural conceptions of children and childhood were being put at risk as gays and lesbians were denied marriage, so that writing lesbian and gay families into the marriage law became the better option.

Contemporary European societies are multi-ethnic and multi-cultural, certainly in terms of the diversity which has stemmed from the immigration of workers and refugees and their settlement. Currently, however, there is widespread, often acrimonious, debate about 'other' cultural and religious beliefs and practices and limits to their accommodation. This book focuses principally on Muslim families and on the way in which gender relations and associated questions of (women's) agency, consent and autonomy, have become the focus of political and social commentary, with followers of the religion under constant public scrutiny and criticism. Practices concerning marriage and divorce are especially controversial and the book includes a detailed overview of the public debate about the application of Islamic legal and ethical norms (shari'a) in family law matters, and the associated role of Shari'a councils, in a British context. In short, Islam generally and the Muslim family in particular have become highly politicized sites of contestation, and the book considers how and why and with what implications for British multiculturalism, past, present and future. The study will be of great interest to international scholars and academics researching the governance of diversity and the accommodation of other faiths including Islam.

The articles in this volume shed light on some of the major tensions in the field of children's rights (such as the ways in which children's best interests and respect for their autonomy can be reconciled), challenges (such as how the CRC can be made a reality in the lives of children in the face of ignorance, apathy or outright opposition) and critiques (whether children's rights are a Western imposition or a successful global consensus). Along the way, the writing covers a myriad of issues, encompassing the opposition to the CRC in the US; gay parenting: Dr Seuss's take on children's autonomy; the voice of neonates on their health care; the role of NGO in supporting child labourers in India, and young people in detention and more.

Family Law for the Paralegal: Concepts and Applications provides a thorough introduction to the basics of family law and procedure, addressing all key areas most commonly encountered in a family law practice. While the overall approach of the text is generic, each chapter provides opportunities for students to consider issues through the lens of individual jurisdictions and cases. The Third Edition offers an up-to-date perspective on family law. It incorporates coverage of the impact of marriage equality on areas such as parenting and custody and it highlights ways in which the Internet has revolutionized adoption, discovery, and family violence. This interesting and readable text helps prepare students to enter the workforce with strong cognitive and practical skills.

Rooted in the crisis over slavery, disagreements about child labor broke down along sectional lines between the North and South. For decades after emancipation, the child labor issue shaped how Northerners and Southerners defined fundamental concepts of American life such as work, freedom, the market, and the state.Betsy Wood examines the evolution of ideas about child labor and the on-the-ground politics of the issue against the backdrop of broad developments related to slavery and emancipation, industrial capitalism, moral and social reform, and American politics and religion. Wood explains how the decades-long battle over child labor created enduring political and ideological divisions within capitalist society that divided the gatekeepers of modernity from the cultural warriors who opposed them. Tracing the ideological origins and the politics of the child labor battle over the course of eighty years, this book tells the story of how child labor debates bequeathed an enduring legacy of sectionalist conflict to modern American capitalist society.

This book addresses women's rights to work and motherhood in Libya from a legal and international human rights perspective. In an attempt to solve the problem posed by the perception that there is an unsolvable conflict between the right of women to work and their right to motherhood, the author considers how these two sets of rights, as protected under international human rights law, can and should be recognised and promoted within the Libyan legal system. Including first-hand accounts of experiences of Libyan women, the study voices their struggle for their rights as guaranteed by domestic law, international conventions and Islam. Providing a rare insight into a region striving to find its new identity, the author assesses the adequacy of existing Libyan laws and, where warranted, offers proposals for legislative amendments to Libyan policy makers and its new Parliament at such a crucial time in the nation's history.

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

The Trouble with Marriage is part of a new global feminist jurisprudence around marriage and violence that looks to law as strategy rather than solution. In this ethnography of lawyer-free family courts and mediations of rape and domestic violence charges in India, Srimati Basu depicts everyday life in legal sites of marital trouble, reevaluating feminist theories of law, marriage, violence, property, and the state. Basu argues that alternative dispute resolution, originally designed to empower women in a less adversarial legal environment, has created new subjectivities, but, paradoxically, has also reinforced oppressive socioeconomic norms that leave women no better off, individually or collectively.

Juvenile justice has been and remains a topical issue at national and international levels. There are various standards and guidelines for administration, but six major models characterize juvenile justice systems worldwide: participatory, welfare, corporatism, modified justice, justice, and crime control. Juvenile Justice: International Perspectives, Models, and Trends presents contributions by authors from different countries in all five continents employing these six models. The book begins with a comprehensive overview of the topic and the various international standards and guidelines designed to inform juvenile justice practices. This introduction is followed by chapters on individual countries covered independently by resident experts, allowing readers to appreciate a range of comparisons and to critically reflect on the relative merits of the different models. Topics presented in each chapter include: The country's history of juvenile justice The nature and status of delinquency Current legislation on juvenile justice How well the legislation complies with the Standard Minimum Rules of the Administration of Juvenile Justice as defined by the United Nations The type of juvenile justice model followed Age limits for male and female juvenile offenders Legal and social issues confronting juvenile offenders Current theoretical biases used to explain and justify response to delinquency Future issues, challenges, and/or initiatives Text boxes supply current and relevant examples to contextualize key issues and themes. Each chapter features discussion questions and helpful web links to facilitate further research. Presented in an unbiased manner, the book is a consolidated yet comprehensive overview of juvenile justice models and practices worldwide. It enables readers to compare the relative strengths and weaknesses of different juvenile justice models/systems and to evaluate all countries in light of the larger international phenomena of delinquency.

The 3rd edition of an exciting, practical, hands-on law publication and is now part of the successful Fresh Perspectives Law series.

Law of Persons and the Family – Fresh Perspectives 3/E offers its readers a comprehensive introduction both to the South African Law of Persons and to South African Family Law. The 3rd edition features updates to legislation and recent case law. Introductory case studies provide real-life situations that introduce students to the law that applies and is discussed in detail in each chapter. Every chapter includes PowerPoint slides with summaries, explanations and examples.

Law of Persons and the Family – Fresh Perspectives 3/E functions as a practical introduction to law in which students begin to engage with the law and apply the rules and principles they learn.

International adoption is in a state of virtual collapse, rates having fallen by more than half since 2004 and continuing to fall. Yet around the world millions of orphaned and vulnerable children need permanent homes, and thousands of American and European families are eager to take them in. Many government officials, international bureaucrats, and social commentators claim these adoptions are not ""in the best interests"" of the child. They claim that adoption deprives children of their ""birth culture,"" threatens their racial identities, and even encourages widespread child trafficking. Celebrity adopters are publicly excoriated for stealing children from their birth families. This book argues that opposition to adoption ostensibly based on the well-being of the child is often a smokescreen for protecting national pride. Concerns about the harm done by transracial adoption are largely inconsistent with empirical evidence. As for trafficking, opponents of international adoption want to shut it down because it is too much like a market for children. But this book offers a radical challenge to this view-that is, what if instead of trying to suppress market forces in international adoption, we embraced them so they could be properly regulated? What if the international system functioned more like open adoption in the United States, where birth and adoptive parents can meet and privately negotiate the exchange of parental rights? This arrangement, the authors argue, could eliminate the abuses that currently haunt international adoption. The authors challenge the prevailing wisdom with their economic analyses and provocative analogies from other policy realms. Based on their own family's experience with the adoption process, they also write frankly about how that process feels for parents and children.

Lost Childhoods focuses on the life-course histories of thirty young men serving time in the Pennsylvania adult prison system for crimes they committed when they were minors. The narratives of these young men, their friends, and relatives reveal the invisible yet deep-seated connection between the childhood traumas they suffered and the violent criminal behavior they committed during adolescence. By living through domestic violence, poverty, the crack epidemic, and other circumstances, these men were forced to grow up fast all while familial ties that should have sustained them were broken at each turn. The book goes on to connect large-scale social policy decisions and their effects on family dynamics and demonstrates the limits of punitive justice.