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.

Inside the Castle is a comprehensive social history of twentieth-century family law in the United States. Joanna Grossman and Lawrence Friedman show how vast, oceanic changes in society have reshaped and reconstituted the American family. Women and children have gained rights and powers, and novel forms of family life have emerged. The family has more or less dissolved into a collection of independent individuals with their own wants, desires, and goals. Modern family law, as always, reflects the brute social and cultural facts of family life. The story of family law in the twentieth century is complex. This was the century that said goodbye to common-law marriage and breach-of-promise lawsuits. This was the century, too, of the sexual revolution and women's liberation, of gay rights and cohabitation. Marriage lost its powerful monopoly over legitimate sexual behavior. Couples who lived together without marriage now had certain rights. Gay marriage became legal in a handful of jurisdictions. By the end of the century, no state still prohibited same-sex behavior. Children in many states could legally have two mothers or two fathers. No-fault divorce became cheap and easy. And illegitimacy lost most of its social and legal stigma. These changes were not smooth or linear--all met with resistance and provoked a certain amount of backlash. Families took many forms, some of them new and different, and though buffeted by the winds of change, the family persisted as a central institution in society. Inside the Castle tells the story of that institution, exploring the ways in which law tried to penetrate and control this most mysterious realm of personal life.

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.

Courts today seek to involve both parents in a child's life rather than choosing between them. Mediation and education have replaced the courtroom as the primary forum for resolving parental disputes. This book provides an overview of these trends in law, conflict resolution and mental health and the empirical research that supports them. It analyzes the principle challenges facing the child custody court of today: assuring the safety of parents and children from violence and providing access to justice and services. It examines how the roles of key courtroom players - judges, lawyers for both parents and children and mental health professionals - must change to promote the best interests of children. The book concludes with an agenda for reform of the child custody court based on interdisciplinary collaboration that can help courts meet the needs of twenty-first century parents and children.

This casebook presents representative texts from Roman legal sources that introduce the basic problems arising in Roman families, including marriage and divorce, the pattern of authority within households, the transmission of property between generations, and the supervision of orphans.

This new title examines the diversity of perspectives and approaches in family law scholarship and drawing upon this work, provides an analysis of recent trends in family law from a socio-legal and feminist perspective. The book brings together the research findings of empirical studies on the behaviour of families and professionals involved with the law, and synthesizes the main theoretical approaches to understanding intimate connections, family laws and family law reform. It draws upon these works to explain and to question the nature of the 'nuclear' family which lies at the heart of family laws and policy, and which provides the basis for recent family law reform initiatives.

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 editors' earlier book Delivering Family Justice in the 21st Century (2016) described a period of turbulence in family justice arising from financial austerity. Governments across the world have sought to reduce public spending on private quarrels by promoting mediation (ADR) and by beginning to look at digital justice (ODR) as alternatives to courts and lawyers. But this book describes how mediation has failed to take the place of courts and lawyers, even where public funding for legal help has been removed. Instead ODR has developed rapidly, led by the Dutch Rechtwijzer. The authors question the speed of this development, and stress the need for careful evaluation of how far these services can meet the needs of divorcing families. In this book, experts from Canada, Australia, Turkey, Spain, Germany, France, Poland, Scotland, and England and Wales explore how ADR has fallen behind, and how we have learned from the rise and fall of ODR in the Rechtwijzer about what digital justice can and cannot achieve. Managing procedure and process? Yes. Dispute resolution? Not yet. The authors end by raising broader questions about the role of a family justice system: is it dispute resolution? Or dispute prevention, management, and above all legal protection of the vulnerable?

Demonstrating how the law and statutory guidance applies in practice, this book is a critical account of current family justice policy and practice. It draws on recent legislation, case law and research findings to provide clear, accessible information and advice on how to make the difficult decisions in pre-proceedings child care practice work. With reference to child protection legislation and practice frameworks, this book highlights the importance of undertaking informed and effective assessments based on the best outcome for the child. The book acknowledges the constraints facing practitioners, such as working under considerable pressure within tight time frames and focuses on the issues which commonly present as challenges for practice, such as neglect, child sexual exploitation and pre-birth assessments. This is essential reading for students and practitioners in social work and law, as well as policy-makers and other professionals concerned with the current state of child welfare.

The good divorce guide. Separating, or contemplating divorce, can feel like the weight of the world is on your shoulders. But know this: it is going to be OK. In fact, it is going to be better than OK, and sooner than you think. Through our 10-Step Divorce Plan, we will take you through everything we know about divorce - from setting goals to agreeing a course of action, from working out a plan for co-parenting to reaching a financial agreement - cutting out the jargon, so you can not only survive separation, but thrive. The time has come for a fresh look at our approach to divorce and separation, and this book is an invaluable resource for anyone going through the process, and for the family and friends affected along the way. It is an essential, accessible blueprint for separating well, and a powerful critique of where we've gone wrong before.