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.

The key role of "incentives" in family law is considered in this economic approach to family law. The book discusses the possible adverse consequences emanating from faulty legal design, while demonstrating that good family law should provide incentives for consistent and honest behavior. Economists, specialists in the economic analysis of law, and academic lawyers discuss recent advances in specialized studies of marriage, cohabitation, and divorce. This important new work will be of considerable interest to lawyers, policy-makers and economists concerned with family law.

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 Western tradition has always cherished the family as an essential foundation of a just and orderly society, and thus accorded it special legal and religious protection. Christianity embraced this teaching from the start, and many of the basics of Western family law were shaped by the Christian theologies of nature, sacrament, and covenant. This volume introduces readers to the enduring and evolving Christian norms and teachings on betrothals and weddings; marriage and divorce; women's and children's rights; marital property and inheritance; and human sexuality and intimate relationships. The chapters are authoritatively written but accessible to college and graduate students and scholars, as well as clergy and laity. While alert to the hot button issues of sexual liberty today, the contributing authors let the historical figures speak for themselves about what Christianity has and can contribute to the protection and guidance of our most intimate association.

Each year more than 2 million Americans get divorced, and most of them use a lawyer. In closed-door conversations between lawyers and their clients strategy is planned, tactics are devised, and the emotional climate of the divorce is established. Do lawyers contribute to the pain and emotional difficulty of divorce by escalating demands and encouraging unreasonable behavior? Do they take advantage of clients at a time of emotional difficulty? Can and should clients trust their lawyers to look out for their welfare and advance their long-term interests?
Austin Sarat and William L. F. Felstiner's new book, based on a pioneering and intensive study of actual conferences between divorce lawyers and their clients, provides an unprecedented behind-the-scenes description of the lawyer-client relationship, and calls into question much of the conventional wisdom about what divorce lawyers actually do. Divorce Lawyers and Their Clients suggests that most divorces are marked less by a pattern of aggressive advocacy than by one of inaction and drift. It uncovers reasons why lawyers find divorce practice frustrating and difficult and why clients frequently feel dissatisfied with their lawyers. This new work provides a unique perspective on the dynamics of professionalism. It charts the complex and shifting ways lawyers and clients "negotiate" their relationship as they work out the strategy and tactics of divorce.
Sarat and Felstiner show how both lawyers and clients are able to draw on resources of power to set the agenda of their interaction, while neither one is fully in charge. Rather, power shifts between the two parties; where it is achieved, power is found in the ability to have one'sunderstandings of the social and legal worlds of divorce accepted. Power then works through the creation of shared meanings. Divorce Lawyers and Their Clients examines the effort to create such shared meanings about the nature of marriage and why marriages fail, the operation of the legal process, and the best way to bring divorces to closure. It will be fascinating reading for anyone who is going through a divorce, or has gone through one, as well as for lawyers, judges, and scholars of law and society.

A Harvard-educated physician returned home one day to find a note from his wife stating she had moved out and taken the children with her. The marriage was over, but he hoped he would remain a vital part of his children's lives.
His wife had other plans.
This is the story of a once-happy family now torn apart by divorce - its dignity shredded in a family court system that sees mothers as the only proper guardians for their children, even in the overwhelming majority of cases not involving abusive or threatening husbands. Written from the divorced father's point of view, this book exposes our twisted legal system, its obvious abuses of civil rights, and indifferent courts that subject caring fathers across the nation to vengeful ex-wives, opportunistic psychologists and psychiatrists, and overzealous attorneys.
Author Robert Mendelson argues that all fathers should not be viewed as deadbeat dads who shirk their responsibilities. Public opinion, the press, and the courts are wrong to think that men cannot be single parents. A Family Divided alerts divorcing fathers to the hidden minefields and pitfalls of custody proceedings, offers practical recommendations for reform, and sheds light on the real cause of fatherlessness in America today.

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.

This book argues that the legal understanding of 'family' in the UK continues to be underpinned by the idealised image of the 'nuclear family', premised upon the traditional, gendered roles of 'father as breadwinner' and 'mother as homemaker'. This examination of the law's model of the 'family' has been prompted by the substantial reforms that have taken place in family law in recent decades, and the significant evolution in social attitudes and familial practices that has occurred in parallel. Throughout the book, the influence of the nuclear family is noted in several different contexts: various specific legal definitions of 'family', the legal regulation of adult, conjugal relationships, the attribution of legal parenthood and the construction of the role of the 'parent' within the law. Ultimately, this book argues that while these reforms have resulted in additional categories of relationship coming to be situated within the nuclear family model, there has not, as yet, been any fundamental alteration of the underpinning concept of the nuclear family itself. This book concludes by considering the possibilities offered beyond the 'nuclear family'; exploring the reconceptualising of the legal understanding of 'family' around alternative and potentially 'radical' models of 'family'.

With the narrative force of an epic novel and the urgency of first-rate investigative journalism, this important book delves into the daily workings and life-or-death decisions of a typical American family court system. It provides an intimate look at the lives of the parents and children whose fate it decides. A must for social workers and social work students, attorneys, judges, foster parents, law students, child advocates, teachers, journalists and anyone who cares about our nation's children.

Over the past thirty years, there has been a dramatic shift in the way the legal system approaches and resolves family disputes. Traditionally, family law dispute resolution was based on an "adversary" system: two parties and their advocates stood before a judge who determined which party was at fault in a divorce and who would be awarded the rights in a custody dispute. Now, many family courts are opting for a "problem-solving" model in which courts attempt to resolve both legal and non-legal issues. At the same time, American families have changed dramatically. Divorce rates have leveled off and begun to drop, while the number of children born and raised outside of marriage has increased sharply. Fathers are more likely to seek an active role in their children's lives. While this enhanced paternal involvement benefits children, it also increases the likelihood of disputes between parents. As a result, the families who seek legal dispute resolution have become more diverse and their legal situations more complex. In Divorced from Reality, Jane C. Murphy and Jana B. Singer argue that the current "problem solving" model fails to address the realities of today's families. The authors suggest that while today's dispute resolution regime may represent an improvement over its more adversary predecessor, it is built largely around the model of a divorcing nuclear family with lawyers representing all parties-a model that fits poorly with the realities of today's disputing families. To serve the families it is meant to help, the legal system must adapt and reshape itself.

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

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

The Family Law (Scotland) Act 2006 amends, updates and improves various aspects of Scottish family law, as well as introducing important new provisions for cohabiting couples. This book contains the text of the substantive provisions together with Professor Norrie's expert commentary - making it an excellent companion to the new Act for all those who need to know about family law and understand the impact of the new legislation.

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.

As the only area of law that is still commonly termed 'Islamic law', family law is one of the most sensitive and controversial legal areas in all Muslim-majority countries. Morocco and Jordan both issued new family codes in the 2000s, but there are a number of differences in the ways these two states engaged in reform. These include how the reform was carried out, the content of the new family codes, and the way the new laws are applied. Based on extensive fieldwork and rich in sources, this book examines why these two ostensibly similar semi-authoritarian regimes varied so significantly in their engagement with family law. Doerthe Engelcke demonstrates that the structure of the legal systems, shaped by colonial policies, had an effect on how reform processes were carried out as well as the content and the application of family law.

Well-selected and authoritative, Hart Core Statutes provide the key materials needed by students in a format that is clear, compact and very easy to use. They are ideal for use in exams.

He has taught Negotiation and Mediation at the University of San Diego School of Law for six years and he is on the part-time faculty of the Straus Institute for Dispute Resolution at the Pepperdine University School of Law and the National Judicial College. He is a frequent lecturer at Monash University in Australia. This book has been used in all of these courses and has been used in other academic settings by other instructors.

THE SUNDAY TIMES BESTSELLER 'Helen is the woman I want in my life when the shit hits the fan' - Bryony Gordon What do you do when your relationship suddenly ends? How do you cope when the cosy 'coupley' future you had planned disappears? Join comedian Helen Thorn from The Scummy Mummies as she haphazardly takes the plunge into single life for the first time in twenty-two years. Helen shares her own roller coaster journey from the initial shock of a surprise separation, the messy months hanging out in her PJs through to the highs of rediscovering online dating, tiny pants, rock-solid female friendships and the glorious joy of just being by herself. With the help of relationship experts and an army of women "who know", Get Divorced, Be Happy will show you that going it alone isn't the end, it is just the beginning, and you will come out the other side, stronger, happier and goddamn sassier than ever before.

People are leading significantly longer lives than previous generations did, and the proportion of older people in the population is growing. Residential care for older people will become increasingly necessary as our society ages and, we will require more of it. At this moment in time, the rights of older people receive attention at international and regional levels, with the United Nations, the Organization of American States and the African Union exploring the possibility of establishing new conventions for the rights of older persons. This book explores the rights of older people and their quality of care once they are living in a care home, and considers how we can commence the journey towards a human rights framework to ensure decent and dignified care for older people. The book takes a comparative approach to present and future challenges facing the care home sector for older people in Africa (Kenya), the Arab world (Egypt), Australia, China, England, Israel, Japan and the USA. An international panel of experts have contributed chapters, identifying how their particular society cares for its older and oldest people, the extent to which demographic and economic change has placed their system under pressure and the role that residential elder care homes play in their culture. The book also explores the extent to which constitutional or other rights form a foundation to the regulatory and legislative structures to residential elder care and it examines the important concept of dignity. As a multi-regional study of the care of older person from a human rights perspective, this book will be of excellent use and interest, in particular to students and researchers of family and welfare law, long-term care, social policy, social work, human rights and elder law.

Hayes & Williams' Family Law provides comprehensive, critical, and case-focused discussion of the key legislation and debates affecting adults and children. Cases are at the heart of family law and this textbook offers copious case detail, with comprehensive summaries throughout the text to ensure students understand the development of family law through the courts. Alongside expert analysis and critique of the current law, the text also explores socio-legal perspectives to help students put that law into context. Discussion questions at the end of each chapter allow students to reflect and apply their knowledge, offering the ideal preparation for exams and assessments. The text also includes a range of further features to support students new to the subject, including legislation extracts, contextual chapter introductions, and further reading advice, alongside a clear and engaging writing style. Digital formats and resources This edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - 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 - The online resources include: * Multiple choice questions with feedback to test student understanding * A flashcard glossary of key terminology * Further reading suggestions for each chapter

Triple talaq, or talaq-e-bidat, is one of the most debated issues not only in India but also in other countries having a sizeable Muslim population. Muslim men have regularly misused this provision to divorce their wives instantly by simply uttering 'talaq' thrice. The Supreme Court of India, in the landmark judgement Shayara Bano v. Union of India, finally declared the practice unconstitutional. Salman Khurshid, who assisted in the case as amicus curiae, dives deep into the topic but presents it simply, without much jargon. Explaining the reasons behind the court's decision, he goes on to discuss other aspects of this practice, such as why it is wrong; why this practice has thrived; what the previous judicial pronouncements on it were; what the Quran and Muslim religious leaders say about it; and what the comparative practices in other countries are.