How should our most intimate personal relationships be governed in a liberal society? Should the state encourage a particular model of family life, or support individuals in their pursuit of personal happiness? To what extent do people have the right to shape the lives of their offspring? This book examines the questions at the heart of family law, rethinking the ideas that shape our understanding of the family as a social unit, its purpose, and the obligations and rights that belong to family members.
The book explores how the governance of personal relationships has depended on the exercise of power, from the traditional assumptions of patriarchy, where the male head of the family enjoyed full control over his dependents and descendents, to the ideology of welfarism, where state institutions protect the interests of the vulnerable at the expense of their close relations. Emerging from these conflicting ideologies comes today's rights-based culture, where traditional expectations for behavior within a family sit within a new emphasis on the ability of minorities and traditional dependents to determine the shape of their own lives.
Against this background of shifting power relations, the book explores the interrelationship between the legal regulation of people's personal lives and the values of friendship, truth, respect and responsibility. In doing this, a variety of controversial issues are examined in the light of those values: including the legal regulation of gay and unmarried heterosexual relationships; freedom of procreation; state supervision over the exercise of parenthood; the role of fault in divorce law; the way parenthood is allocated; the rights andresponsibilities of parents to control their children; the place of religion in the family; the rights of separated partners regarding property and of separated parents regarding their children. Throughout, the book offers a new picture of the intimacy at the centre of personal relationships and argues that only by understanding this intimacy, and its role in human happiness, can we arrive at a true framework for respecting, and governing, the personal lives of other people.

Mason looks at the legal response to those aspects of the troubled pregnancy which require or involve medico-legal intervention. The unwanted pregnancy is considered particularly in the light of the Abortion Act 1967, s.1(1)(d) and the related action for so-called wrongful birth due to faulty ante-natal care. The unexpected or uncovenanted birth of a healthy child resulting from failed sterilisation is approached through an analysis of the seminal case of McFarlane and associated cases involving disability in either the neonate or the mother. The disabled neonate's right to sue for its diminished life is discussed and the legal approach to the management of severe congenital disease is analysed - thus following Baroness Hale in believing that care of the newborn is an integral part of pregnancy. Aspects are considered from historical and comparative perspectives, including coverage of experience in the USA, the Commonwealth and Europe.

This book contains an in-depth legal analysis of Article 12 of the UN Convention on the Rights of the Child, the European Convention on Human Rights, the European Convention on the Exercise of Children's Rights, the Council of Europe's Guidelines on Child-Friendly Justice and Recommendation on the participation of children, and the European Union Charter of Fundamental Rights. The result is a comprehensive assessment of the child's right to participate in family law proceedings, providing the first complete analysis of the international and European human rights instruments in this field. Of note, the book's analysis of the case law of the European Court of Human Rights is unique, in both the inclusion of all of the Court's judgments and decisions on child participation as well as the application of an innovative and rigorous method of qualitative content analysis. This book therefore provides a greater understanding of the child's right to participate under Article 8 of the European Convention on Human Rights. Throughout the book, five key themes are addressed: the right to express views, due weight accorded to a child's views, the relevance of the child's age and maturity, the issue of undue influence, and the relevance of information and practical affairs. The standards provided in each of the instruments studied are compared and critically reflected upon. This book sets out the international and European framework for child participation and discusses critically how this framework can be further aligned and strengthened. New insights are reflected upon and recommendations made for the implementation and improvement of child participation rights at national and international levels.The Child's Right to Participate in Family Law Family Law Proceedings: Represented, Heard or Silenced? is a must read for scholars, family justice professionals, policy makers, and all persons working in the fields of children's rights and family law.

In the first book to offer a comprehensive analysis of family law in the European Union, McGlynn argues that a traditional concept of 'family' which has many adverse effects - on individuals, on families (in all their diverse forms), and indeed on the economic ambitions of the EU is forming the basis for the little-recognised and under-researched field of EU family law. This book examines three different aspects of family life - childhood, parenthood and partnerships - and critically analyses existing EU law in relation to each. It examines the emerging field of EU family law, providing a highly sceptical account of recent developments and a robust challenge to the arguments in favour of the codification of European civil law, including family law.

Immer haufiger tritt die Forderung nach einer umfassenden Reform des geltenden Abstammungsrechts auf. Die Autorin greift diese Forderung auf und untersucht ausgehend von der Mutterschaft, 1591 BGB, die diversen Herausforderungen, denen sich eine Reform des Abstammungsrechts stellen muss. Sie uberpruft, welche abstammungsrechtlichen Prinzipien gelten sollten und welchen verfassungsrechtlichen und interdisziplinaren Massstaben eine Neugestaltung gerecht werden muss. Nach einer Darstellung und Bewertung bereits vorliegender Reformvorschlage prasentiert die Autorin eigene wertvolle Reformanstoesse. Dabei pladiert sie insbesondere fur ein weniger geschlechtsbezogenes Verstandnis der Elternschaft und einen Bedeutungsgewinn der intendierten Elternschaft.

This book provides a critical examination of and reflection on the American Law Institute's (ALI) Principles of the Law of Family Dissolution: Analysis and Recommendations ('Principles', arguably the most sweeping proposal for family law reform attempted in the U.S. over the last quarter century. The volume is a collaborative work of individuals from diverse perspectives and disciplines who explore the fundamental questions about the nature of family, parenthood, and child support. The contributors are all recognized authorities on aspects of family law and provide commentary on the principles examined by the ALI - fault, custody, child support, property division, spousal support, and domestic partnerships, utilizing a wide range of analytical tools, including economic theory, constitutional law, social science data, and linguistic analysis. This volume also includes the perspectives of U.S. judges and legislators and leading family law scholars in the United Kingdom, Europe, Canada and Australia.

This book provides the first fully annotated discussion of the ethical universe surrounding state mandated and private legal disputes involving the custody and best interest of children. It surveys thousands of court cases, statutes, state bar ethics codes, Attorney General opinions, and model codes regarding ethical constraints in family and dependency proceedings. The book is unique in two ways. It analyzes ethical rules not only in terms of the chronology of these proceedings, but it also surveys those principles for each of the primary participants - children's counsel, parents' counsel, government attorneys, and judges. The book contains chapters on pre-hearing alternative dispute resolution, motion and trial practice, appellate procedures, and separation of powers. Finally, the book provides a complete child abuse case file with a comprehensive analysis of the inherent ethical issues.

This book offers an in-depth and critical analysis of the Istanbul Convention, along with discussions on its impact and implications. The work highlights the place of the Convention in the landscape of international law and policies on violence against women and equality. The authors argue that the Convention with its emphasis on integrated and comprehensive policies has an important role in promoting equality, but they also note the debates on "genderism" that the Convention has triggered in some member states. The book analyses central concepts of the Convention, including violence, gender and due diligence. It takes up major commitments of the parties to the Convention, including support and services to victims, criminal law provisions and protection of migrant women against violence. The book thus makes a major contribution to the development of national laws, policies and practice. It provides a valuable guide for policy-makers, students and academics in international human rights law, criminal and social law, social policy, social work and gender studies.

The Civil Partnership Act is a major piece of social legislation and is intended to create an entirely new legal framework for same-sex couples who wish to 'marry'. Written by two family law practitioners with a combined practice experience of over fifty years, The Civil Partnership Act 2004: A Practical Guide provides a clear, concise explanation of the new legislation. The book spans the lifetime of a relationship, from entering into the civil partnership, its consequences in terms of financial and family arrangements, to practical guidance on how the partnership is dissolved and the consequences of breakdown and death.

Online Risk to Children brings together the most up-to-date theory, policy, and best practices for online child protection and abuse prevention. * Moves beyond offender assessment and treatment to discuss the impact of online abuse on children themselves, and the risks and vulnerabilities inherent in their constantly connected lives * Global in scope, setting contributions from leading researchers and practitioners in the UK in international context via chapters from Australia, the USA and Europe. * Key topics covered include cyberbullying, peer-oriented abuse, victim treatment approaches, international law enforcement strategies, policy responses, and the role of schools and industry

This easy to read book, gives you 101 tips starting from thinking about the divorce, through trial and ending with your post-divorce life. The book was written by a divorce lawyer that has seen countless divorce cases from mediation, to simple matters to knock down, drag out battles. As a result, the author has seen it all and condensed the most common advice he offers to his clients into 101 quick tips. These tips can save you thousands of dollars in legal fees. More importantly, they can help you remain grounded during what could be one of most stressful times of your life.

This volume explores the main areas of legal development under the so-called 'Area of Freedom, Security, and Justice (AFSJ) 'which was introduced into European law under the Treaty of Amsterdam of 1997. It examines the main subject-matter of the new AFSJ: migration, family reunion, asylum, police co-operation, and co-operation in matters of criminal law and criminal procedure, and includes discussion of the future of the AFSJ against the background of the current drafting of a first Constitution for the European Union.

Within the last century, the idea that children need safeguards and protections separate from those of adults greatly impacted both domestic and international law. Although the children's rights movement has roots as early as the eighteenth century, it wasn't until the twentieth century that children were viewed as more than a labour hand or an economic value. What began as an effort to protect children from long hours of labour and its corresponding health defects, turned into an organised and influential movement. The children's rights movement promotes legal protections and safeguards for children, distinct from those of adults. After each world war, international legal instruments increasingly included protection for children across the globe. The League of Nations Declaration of 1924, and the successive United Nations' Declaration of the Rights of the Child in 1959, declared that children need safeguards and protections separate from those of adults and that these protections should begin even before birth. This book provides a superior and comprehensive analysis of significant children's rights laws. Each domestic and international practice is summarised; relevant clauses and language are defined and highlighted; and the effects of each are described. This book examines sixteen nations, across five continents: Argentina, Australia, Brazil, Canada, China, France, Germany, Greece, Iran, Israel, Japan, Lebanon, Mexico, Nicaragua, Russia, and the United Kingdom (England and Wales). For each nation, the study focuses on the domestic laws and policies that affect child health and social welfare, education and special needs, child labour and exploitation, sale and trafficking of children, and juvenile justice. This book also lists which pertinent international treaties the nation has ratified and implemented. This book will enable researchers, legislators, and academics to compare and contrast how children are treated among the different continents and which policies and laws have had the most profound impact on the younger generations. There has been much progress in the children's rights movement, but more nations must act to protect those who most need it. Children are a nation's future and the best gift we can give to the world is to ensure a safe, healthy, educated, and able future generation.

"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.

The Child Support Enforcement (CSE) program was signed into law in 1975 as a federal-state program to enhance the well-being of families by making child support a reliable source of income. The CSE program is based on the premise that both parents are financially responsible for their children. The CSE program is operated in all 50 states, the District of Columbia, Guam, Puerto Rico, and the U.S. Virgin Islands, and by several Indian tribes or tribal organisations. State CSE programs have at their disposal a wide variety of methods by which to obtain child support obligations. In addition, states under their own authority and the authority of their courts can use the threat of incarceration and/or actual incarceration. This book provides an overview on federal policies relating to medical care and incarceration as an enforcement tool in child support cases. Included in this book also are frequently asked questions relating to child custody and support issues.

The authors look at how divorce lawyers actually work to address the question of legal professionalism in practice. Through a detailed and systematic study of legal practice at the micro level, they show how lawyers create their own controls over work through their social relationships, formal and informal norms, common knowledge, and shared values. While much of the research on legal professionalism centers on the formal standards of the bar as reflected in codes of professional responsibility, Mather et al. show how the discretionary judgments that lawyers make, and the choices they face, are actually understood in relation to norms and standards of other lawyers with whom they interact or compare themselves.

The authors look at how divorce lawyers actually work to address the question of legal professionalism in practice. Through a detailed and systematic study of legal practice at the micro level, they show how lawyers create their own controls over work through their social relationships, formal and informal norms, common knowledge, and shared values. While much of the research on legal professionalism centers on the formal standards of the bar as reflected in codes of professional responsibility, Mather et al. show how the discretionary judgments that lawyers make, and the choices they face, are actually understood in relation to norms and standards of other lawyers with whom they interact or compare themselves.

You've been sucked into the abyss of divorce and can't focus on anything. How in the world can you be expected to read a book? Your emotions are all over the place, and you don't even know where to start. Don't Burn the Underwear is the source for immediate answers to all those questions running through your head. How did I get here? Can I save my marriage? What should I do now? Will my kids be okay? If you're looking for concise, candid answers regarding divorce, look no further

At the beginning of the twenty-first century, Egyptian women gained the unique right to divorce their husbands unilaterally through a procedure called khul'. This has been a controversial application; notwithstanding attempts to present the law as being grounded in Islamic law, opponents claim that khul' is a privileged women's law, and a western conspiracy aimed at destroying Egyptian family life and, by extension, Egyptian society.
In Khul' Divorce in Egypt, Nadia Sonneveld explores the nature of the public debates-including the portrayal of khul' in films and cartoons-while an examination of the application of khul' in the courts and everyday life relates and compares this debate to the actual implementation of the procedure. She makes it clear that the points of controversy bear little resemblance to the lives of the lower-middle-class women who apply for khul'; they merely reflect profound changes in the institutions of marriage and family.

Most academic literature focuses on the position of the child in relation to the parent or the state. In reality, the law is more concerned with the role and function of parents, and this new book addresses the key issues of parental rights and responsibilities.

Developments in the law, scholarship, and research since 2006 form a substantial part of the second edition of this book which sets the governance of personal relationships in the context of the exercise of social and personal power. Its central argument is that this power is counterbalanced by the presence of individual rights. This entails an analysis of the nature and deployment of rights, including human rights, and children's rights. Against that background, the book examines the values of friendship, truth, respect, and responsibility, and how the values of individualism co-exist with those of the community in an open society. It argues that central to these values is respecting the role of intimacy in personal relationships. In doing this, a variety of issues are examined, including the legal regulation of married and unmarried relationships, same-sex marriage, state supervision over the inception and exercise of parenthood (including surrogacy and assisted reproductive technology), the role of fault and responsibility in divorce law, children's rights and welfare, religion and family rights, the rights of separated partners regarding property and of separated parents regarding their children, and how states should respond to cultural diversity.

The law places a high value on marriage and the family. That value is carried forward in defining marriage; setting conditions for the state to interfere with marriage; fixing the responsibilities of marriage and family; and detailing when a family may break up and setting ongoing responsibilities when that happens. But, there are limits to the law. For example, the religion of Luisa and Sam may require that they be married by a minister. It may also require that each make certain promises, one to the other. Whether Luisa and Sam do so, however, is a matter of conscience. The law will neither force them to have or stop them from having a religious wedding.

Relied on by generations of students and practitioners alike, Bromley's Family Law remains the definitive guide to the subject. Updated by experts in the area, Nigel Lowe, Gillian Douglas, Emma Hitchings, and Rachel Taylor provide an accurate and detailed yet highly readable account of family law. The text presents a broad and comprehensive treatment of the key issues relating to adult and child law in a clear and distilled manner. Regular headings break up the text and allow easy navigation and quick reference for both students new to the subject and those in practice. The new edition has been fully edited and updated to take account of the latest case law and legislation, while also reflecting new debates and emerging issues in the area. Digital formats and resources The twelfth edition is available for students and institutions to purchase in a variety of formats. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks