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.

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.

This definitive work, published in four-volumes, maps the emerging European family law.The chapters draw on a wide range of topics, such as: marriage, divorce, cohabitation, same-sex relationships, the financial consequence of divorce, adoption, parentage and surrogacy, parental responsibility, the child's welfare, and law concerning older people. Through its stimulating comparative analysis and comprehensive coverage of the topic, this set of books is intended to serve as a major resource for all scholars, practitioners and students interested in family law. The first volume examines the impact of institutions and organisations on European family law. While there is no European body that could actually legislate definitively on family law, there are some institutions that have a direct impact on European family law, while the impact of others is more indirect. In the second volume the changing concept of 'family' and challenges for domestic family law are analysed in 21 different jurisdictions, in 16 chapters. All contributions look at 'horizontal' family law (the law concerning the relationships between adults), 'vertical' family law (the law concerning the relationships of adults and children) as well an 'individual' family law (the law on names and gender identity). In the third volume the contributions take a comparative view on specific issues from a European perspective. The fourth volume, which is also a stand-alone monograph, draws on all of the previous chapters, and discusses the present and future of European family law. It establishes areas where 'institutional' European family law exists - in the sense that there are binding legal rules for all European jurisdictions - for example, as a result of a decision by the European Court of Human Rights. It also identifies areas where, as a result of common legal and social developments for 'horizontal', 'vertical' and 'individual' family law, an 'organic' European family law is emerging and suggests how family laws in Europe are going to develop in the future. The four volumes are also available to purchase individually: European Family Law Volume I: The Impact of Institutions and Organisations on European Family Law European Family Law Volume II: The Changing Concept of 'Family' and Challenges for Domestic Family Law European Family Law Volume III: Family Law in a European Perspective The Present and Future of European Family Law

Several jurisdictions have attempted to render divorce more harmonious by abolishing matrimonial 'fault' and facilitating the resolution of divorce disputes by mediation. In Britain, these provisions appear in the Family Law Act 1996. The book presents a challenge to the underlying assumptions that conflict and the adversarial system are undesirable. Its focus is on adults' experiences of divorce. In a series of interviews, divorcing people told their own stories of divorce. The personal narratives revealed that divorce can be emotionally traumatic, but it has positive sides too. The emotions of divorce are not pathological , but are readily explicable as ordinary human coping strategies , in the context of the real material privations that many divorcing people suffer. These coping strategies often involve conflict and acrimony. From a psychodynamic perspective, it is argued that these are integral, and psychologically necessary, aspects of the divorce process. This book is particularly topical in the light of the recent decision of the British Government to postpone the implementation of the Family Law Act 1996 and the acknowledged need for research to inform policy.

Focusing on juvenile transfer and disposition evaluations, this volume provides an up-to-date integration of current law, science, and practice with respect to juvenile risk assessment, treatment needs/amenability, and sophistication-maturity. Included are perspectives relating to international practices, use of specialized assessment tools, and a separate chapter on resentencing following US Supreme Court decisions on juveniles sentenced to mandatory life without parole. This text will be a useful and comprehensive reference for forensic psychologists and other mental health professionals engaged in juvenile evaluation, as well as legal professionals, juvenile and criminal justice professionals, and others involved with juvenile assessment, decision-making, and rehabilitation.

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.

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.

This book presents a socio-legal examination of national and devolved-level developments in social protection in the UK, through the eyes of politicians and officials at the heart of this process. Since its inception in 1998, devolution has altered the character of the UK welfare state, with dramatic change in the 10 years since 2010. A decade of austerity at national level has exposed diverging view in how governments in London, Edinburgh and Belfast view the social rights of citizenship. This political divide has implications for both social security law, as the devolved countries begin to flex their muscles in this key area for citizens' economic welfare, and the constitutional settlement. The book reflects on the impact of austerity, the referendum on Scottish independence and subsequent changes to the devolution settlement, Northern Ireland's hesitant moves away from parity with Westminster in social protection, withdrawal from the European Union (Brexit), and the possible retreat from austerity during the COVID-19 pandemic. The social union may or may not be weakening; its character is unquestionably changing, and the book lays bare the ideological and pragmatic considerations driving legal developments. TH Marshall's theory of citizenship provides the lens through which these processes are viewed, while itself being reinterpreted in light of the national government's increasing delegation of responsibility for social rights - whether to individuals, the voluntary sector or lower tiers of government.

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.

Feminist Perspectives on Child Law is a collection of interdisciplinary socio-legal essays which explore the complex relationship between childhood,gender and the law. Drawing on a wide range of feminist and critical theories and empirical research, these original essays challenge the gender neutrality of law; they explore the shifting constructions of childhood by law, legal practice and popular culture; and they provide critical and timely insights into the complex relationship between adults and children. The essays go beyond the traditional boundaries of child law within the law school curriculum and within legal practice by addressing a wide range of issues, such as health, criminal justice, education, sexuality and domestic violence. By approaching these issues in innovative ways, the essays question the impact of gender on social and cultural understandings of childhood and on contemporary interpretations of child welfare and give voice to the different choices and experiences of male and female children.

This book of essays by legal scholars from the United Kingdom, Eire, Israel and Palestine explores the extent to which the recognition of the concept of children's rights is affected by adherence to religious, cultural and ethnic traditions. The aim is twofold: first, to illuminate the interface between internationally-agreed norms of conduct regarding children and national and cultural determination to preserve traditional approaches; and secondly, to reflect upon the conflicts within societies between different cultural and religious groups in their attempts to determine whether 'liberal/secular' or 'conservative/religious' norms predominate in attitudes to children's upbringing. This is the first collection of papers covering and comparing the UK and Israeli/Palestinian jurisdictions. The particular blends of social, religious and cultural diversity in both regions, mingled with the political factors operating as well, render these jurisdictions of special interest as case-studies in the reception of 'western/liberal' norms and values. Moreover, Israel and Palestine, despite their manifestly different cultures as compared with Britain, have been influenced by the colonial legacy of the common law, rendering this particular east-west comparison of special interest.

Care is central to life, and yet is all too often undervalued, taken for granted, and hidden from view. This collection of fourteen substantive and highly innovative essays, along with its insightful introduction, seeks to explore the different dimensions of care that shape social, legal and political contexts. It addresses these dimensions in four key ways. First, the contributions expand contemporary theoretical understandings of the value of care, by reflecting upon established conceptual approaches (such as the 'ethics of care') and developing new ways of using and understanding this concept. Second, the chapters draw on a wide range of methods, from doctrinal scholarship through ethnographic, empirical and biographical research methodologies. Third, the book enlarges the usual subjects of care research, by expanding its analysis beyond the more typical focus on familial interconnection to include professional care contexts, care by strangers and care for and about animals. Finally, the collection draws on contributions from academics working in Europe and Australia, across law, anthropology, gender studies, politics, psychology and sociology. By highlighting the points of connection and tension between these diverse international and disciplinary perspectives, this book outlines a new and nuanced approach to care, exploring contemporary understandings of care across law, the social sciences and humanities.

Are pregnant women entitled to the same rights of self-determination and bodily integrity as other adults? This is the fundamental question underlying recent high-profile legal interventions in situations when pregnant women and healthcare staff do not agree on management options or appropriate behaviour. Courts on both sides of the Atlantic have sometimes answered that they are not, and the law has at times been manipulated to enforce compliance with medical recommendations. This is the first book of its kind to offer a comprehensive assessment of healthcare law as applied to the unique situation of pregnancy. Drawing on case material from both the UK and the USA, it describes the trend towards 'policing pregnancy' and explores the emergence of the concept of 'maternal-foetal conflict' - and why, in the author's view, this would be more appropriately labelled 'obstetric conflict'. Suggestions are made for alternative approaches that better safeguard the overall well-being of pregnant women and their future children.

The European Convention on Human Rights is the most successful system for the enforcement of human rights in the world. However, to date its full potential for protecting children's rights has not been explored as attention has focused on the UN Convention on the Rights of the Child. This unique book provides the first analysis of the extensive case law of the Commission and the Court of Human Rights on all issues concerning children and their rights. This study is important as a study of the regional protection of children's rights and, moreover, the case law itself can be directly applied in the legal system of nearly every European country, including the UK. The book includes chapters on the rights of the child under the European Convention on Human Rights in relation to education, protection from abuse, the right to identity, child care, juvenile justice, health care and immigration and the family. It also explores the potential of the Strasbourg mechanism for the protection of children's rights and thus provides a practical and vital guide to the study and use of the European Convention in the broad area of children's rights.

This volume exposes some of the various issues raised in relation to Muslim communities in Europe by putting the intellectual and legal traditions into dialogue. It brings together a number of scholars of Shari'a and Islamic law with counterparts from the parallel European disciplines of hermeneutics, philosophy and jurisprudence, to explore how the processes of theological-legal thinking have been expressed and are being expressed in a more or less common intellectual framework. It provides a valuable reference for all those interested in exploring how Muslims and non-Muslims view Shari'a law, looking at ways the European legal systems can provide some form of accommodation with Muslim customs.

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.

First published in 1997, this book marks a culmination of a three year research programme focused upon the incidence of domestic violence in Leicester. The study examined the levels of violence, the details of applicants and respondents and the nature of complaints, as well as the policies applied and the problems faced by those enforcing the law. The books sets the findings in the context of the policies on protection of victims of domestic violence, the problems they face and protection after 1997. This book will be of interest to those studying law, social work, sociology and women's studies.

This book acts as a comprehensive guide to the custody process. It provides samples of custody contracts and details the workings of the court system.

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.

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.

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

Whether you're new to higher education, coming to legal study for the first time or just wondering what Family Law is all about, Beginning Family Law is the ideal introduction to help you hit the ground running. Starting with the basics and an overview of each topic, it will help you come to terms with the structure, themes and issues of the subject so that you can begin your Family Law module with confidence. Adopting a clear and simple approach with legal vocabulary carefully clarified, Jonathan Herring breaks the subject of family law down using practical everyday examples to make it understandable for anyone, whatever their background. Diagrams and flowcharts simplify complex issues, important cases are identified and explained and on-the- spot questions help you recognise potential issues or debates within the law so that you can contribute in classes with confidence. Beginning Family Law is an ideal first introduction to the subject for LLB, GDL or ILEX and especially international students, those enrolled on distance learning courses or on other degree programmes. Visit the companion website: http://www.routledge.com/cw/beginningthelaw/

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.