This book explores, through a children's rights-based perspective, the emergence of a safeguarding dystopia in child online protection that has emerged from a tension between an over-reliance in technical solutions and a lack of understanding around code and algorithm capabilities. The text argues that a safeguarding dystopia results in docile children, rather than safe ones, and that we should stop seeing technology as the sole solution to online safeguarding. The reader will, through reading this book, gain a deeper understanding of the current policy arena in online safeguarding, what causes children to beocme upset online, and the doomed nature of safeguarding solutions. The book also features a detailed analysis of issues surrounding content filtering, access monitoring, surveillance, image recognition, and tracking. This book is aimed at legal practitioners, law students, and those interested in child safeguarding and technology.

The modern emergence of mediation in the West in the 1980s represents a profound transformation of civil disputing practice, particularly in the field of family justice. In the field of family disputes mediation has emerged to fill a gap which none of the existing services, lawyers and courts on the one hand, or welfare, advisory or therapeutic interventions on the other, could in their nature have filled. In the UK mediation is now the approved pathway in the current landscape of family dispute resolution processes, officially endorsed and publicly funded by government to provide separating and divorcing families with the opportunity to resolve their disputes co-operatively with less acrimony, delay and cost than the traditional competitive litigation and court process. The consolidation of the professional practice of family mediation reflects its progress and creativity in respect both of the expanding focus on professional quality assurance as well as on developments of policy, practice guidelines and training to address central concerns about the role of children in mediation, screening for domestic abuse, sexual orientation and gender identity as well as cross-cultural issues including the role of interpreters in the process. Other areas of innovation include the application of family mediation to a growing range of family conflict situations involving, for example, international family disputes (including cross border, relocation and child abduction issues). Written by leaders in family mediation, this title provides a contemporary account of current practice developments and research concerning family mediation across a range of issues in the UK and Ireland.

This book defends the fundamental place of the marital family in modern liberal societies. While applauding modern sexual freedoms, John Witte, Jr also defends the traditional Western teaching that the marital family is an essential cradle of conscience, chrysalis of care, and cornerstone of ordered liberty. He thus urges churches, states, and other social institutions to protect and promote the marital family. He encourages reticent churches to embrace the rights of women and children, as Christians have long taught, and encourages modern states to promote responsible sexual freedom and family relations, as liberals have long said. He counsels modern churches and states to share in family law governance, and to resist recent efforts to privatize, abolish, or radically expand the marital family sphere. Witte also invites fellow citizens to end their bitter battles over same-sex marriage and tend to the vast family field that urgently needs concerted attention and action.

A well-established, clear and comprehensive book on Scots family and child law that will be of practical use to students and practitioners. This book is set out in a clear and logical manner and includes chapters on: * the formalities and legal consequences of marriage; civil partnership and cohabitation; * divorce, dissolution and the breakdown of cohabitation; * the rights and capacity of children; * adoption and permanence; and * the Children's Hearings System. The eighth edition incorporates all recent legislative changes including the Domestic Abuse (Scotland) Act 2018, Children (Equal Protection from Assault) (Scotland) Act 2019, Age of Criminal Responsibility (Scotland) Act 2019, Children (Scotland) Act 2020 and Civil Partnership (Scotland) Act 2020.

The Family Law & Society; Cases & Materials is an invaluable resource for students. Produced by an esteemed author team it provides a wealth of carefully selected materials offering an overview of the social, economic, and political trends which have come to shape contemporary family life. The materials are linked by the authors through detailed commentary, opening up the complex legal issues for discussion and offering academic and judicial viewpoints.
This new edition has been fully revised to include the significant developments in family law and policy since the fifth edition, including the Adoption and Children Act 2002, the Civil Partnership Act 2004, Gender Recognition Act 2004, and landmark cases such as Miller v Miller; McFarlane v McFarlane, Re G (Residence: Same Sex Partner), Stack v Dowden, Wilkinson v Kitzinger.

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.

Manny and Brigitta Davidson are a remarkable couple. Their parents, emigres from Latvia and from Nazi-occupied Poland, strove to keep their heads above water and give their children a future in which to prosper. Together, Manny and Brigitta built a business empire from nothing, having survived the terrible Blitz on London during the Second World War. Their two children, however, have lived altogether different lives. Charmed lives, some might say. The Davidsons' business did so well that their offspring went to the finest schools, enjoyed luxury holidays and lived in beautiful homes here and abroad. As their success grew, the Davidsons set up a trust fund for their son and daughter, with two purposes. First, to provide generous incomes for them - it is currently delivering approximately GBP20 million a year. The second purpose was to protect the family's wealth for the future benefit of their children and further generations. That wealth included the beautiful Jacobean manor, Lyegrove House in Gloucestershire, and all its priceless contents of art and other treasures. Sadly, their children decided that they would wait no longer before laying claim to all that their parents had provided, and seized control of the trust in a cruel and punishing way, which led to legal action, and even to court Today, the Davidsons live in Monaco, estranged from their son and daughter. They have lost their children, as surely as those children have lost their parents. This is their story, in which they can be forgiven for echoing Shakespeare's line: 'How sharper than a serpent's tooth it is to have a thankless child.'

Gillian Douglas examines family law in England and Wales within a broad social context. The book explores how the law regulates family life, beginning with a discussion of the main social changes and influences on family law in modern society. It then examines which family relationships are legally recognised and the legal consequences that flow from recognition and non-recognition. Family Law provides a detailed account of how children's interests are viewed and protected in family law, and concludes with a consideration of how the law handles the ending of family relationships. Throughout, the book draws out the linkages between different aspects of the subject and its relationship with other areas of the law and with other disciplines. Gillian Douglas also takes full account of the influence of international law, particularly human rights law under the newly incorporated European Convention on Human Rights.

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 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?

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.

An unflinching expose of how the family, juvenile, and criminal justice systems monetize the communities they purport to serve and trap them in crushing poverty Injustice, Inc. exposes the ways in which justice systems exploit America's history of racial and economic inequality to generate revenue on a massive scale. With searing legal analysis, Daniel L. Hatcher uncovers how courts, prosecutors, police, probation departments, and detention facilities are abandoning ethics to churn vulnerable children and adults into unconstitutional factory-like operations. Hatcher reveals stark details of revenue schemes and reflects on the systemic racialized harm of the injustice enterprise. He details how these corporatized institutions enter contracts to make money removing children from their homes, extort fines and fees, collaborate with debt collectors, seize property, incentivize arrests and evictions, enforce unpaid child labor, maximize occupancy in detention and "treatment" centers, and more. Injustice, Inc. underscores the need to unravel these predatory operations, which have escaped public scrutiny for too long.