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There can be no doubt that both substantive family and succession
law engage in significant interaction with private international
law, and, in particular, the European Union instruments in the
field. While it is to be expected that substantive law heavily
influences private international law instruments, it is
increasingly evident that this influence can also be exerted in the
reverse direction. Given that the European Union has no legislative
competence in the fields of family and succession law beyond
cross-border issues, this influence is indirect and, as a
consequence of this indirect nature, difficult to trace.This book
brings together a range of views on the reciprocal influences of
substantive and private international law in the fields of family
and succession law. It outlines some key elements of this interplay
in selected jurisdictions and provides a basis for discussion and
future work on the reciprocal influences of domestic and European
law. It is essential that the choices for and within certain
European instruments are made consciously and knowingly. This book
therefore aims to raise awareness that these reciprocal influences
exist, to stimulate academic debate and to facilitate a more open
debate between European institutions and national stakeholders.
The family justice system in England and Wales has undergone
radical change over the past 20 years. A significant part of this
shifting landscape has been an increasing emphasis on settling
private family disputes out of court, which has been embraced by
policy-makers, judges and practitioners alike and is promoted as an
unqualified good. Mapping Paths to Family Justice: Resolving Family
Disputes in Neoliberal Times examines the experiences of people
taking part in out-of-court family dispute resolution in England
and Wales. It addresses questions such as how participants'
experiences match up to the ideal; how recent changes to the legal
system have affected people's ability to access out-of-court
dispute resolution; and what kind of outcomes are achieved in
family dispute resolution. This book is the first study
systematically to compare different forms of family dispute
resolution. It explores people's experiences of solicitor
negotiations, mediation and collaborative law empirically by
analyzing findings from a nationally representative survey,
individual in-depth interviews with parties and practitioners, and
recorded family dispute resolution processes. It considers these in
the context of ongoing neoliberal reforms to the family justice
system, drawing out conclusions and implications for policy and
practice.
Cohabiting couples and those entering religious-only marriages all
too often end up with inadequate legal protection when the
relationship ends. Yet, despite this shared experience, the
linkages and overlaps between these two groups have largely been
ignored in the legal literature. Based on wide-ranging empirical
studies, this timely book brings together scholars working in both
areas to explore the complexities of the law, the different ways in
which individuals experience and navigate the existing legal
framework and the potential solutions for reform. Illuminating
pressing implications for social policy, this is an invaluable
resource for policy makers, practitioners, researchers and students
of family law.
Rana Begum RA (b.1977) is an artist known for her wide ranging
works, from the intimate to the monumental. Using a variety of
materials and exploring the use of light, she blurs the boundaries
between sculpture, architecture, design and painting to create
works that are both playful and ambiguous. This comprehensive
monograph expands on previous writings to investigate the ideas
behind the artist's varied use of materials, including wood, metal,
ready-made industrial components and MDF. With a focus on her
processes, the ways in which Begum's work intersects with
architecture and design are drawn out, while key sources of
inspiration - from the environments in which the artist works, to
Islamic art and minimalism - are discussed. Combining contextual
essays and an extensive interview with the artist, the development
of Begum's work - from painting and furniture design to
installations and light sculptures - is traced to present an
in-depth overview of the multifaceted, complex work of this
fascinating artist.
ePDF and ePUB available Open Access under CC-BY-NC-ND licence.
Recent legislative changes in England and Wales have eroded
children’s ability to exercise their article 12 UNCRC rights to
information, consultation and representation when parents separate.
However, children’s voices may be heard through child-inclusive
mediation (CIM). Considered from a children’s rights perspective,
this book provides a critical socio-legal account of CIM practice.
It draws on in-depth interviews with relationship professionals,
mediators, parents and children, to consider the experiences, risks
and benefits of CIM. It investigates obstacles to greater uptake of
CIM and its role in improving children’s wellbeing and agency.
Exploring the culture and practice changes necessary for a more
routine application of CIM, the book demonstrates how
reconceptualising CIM through a children’s rights framework could
help to address barriers and improve outcomes for children.
Unmarried heterosexual cohabitation is rapidly increasing in
Britain and over a quarter of children are now born to unmarried
cohabiting parents. This is not just an important change in the way
we live in modern Britain; it is also a political and theoretical
marker. Some commentators see cohabitation as evidence of selfish
individualism and the breakdown of the family, while others see it
as just a less institutionalised way in which people express
commitment and build their families. Politically, 'stable' families
are seen as crucial - but does stability simply mean marriage? At
present the law in Britain retains important distinctions in the
way it treats cohabiting and married families and this can have
deleterious effects on the welfare of children and partners on
cohabitation breakdown or death of a partner. Should the law be
changed to reflect this changing social reality? Or should it - can
it - be used to direct these changes? Using findings from their
recent Nuffield Foundation funded study, which combines nationally
representative data with in-depth qualitative work, the authors
examine public attitudes about cohabitation and marriage, provide
an analysis of who cohabits and who marries, and investigate the
extent and nature of the 'common law marriage myth' (the false
belief that cohabitants have similar legal rights to married
couples). They then explore why people cohabit rather than marry,
what the nature of their commitment is to one another and chart
public attitudes to legal change. In the light of this evidence,
the book then evaluates different options for legal reform.
A significant British artist, Warren's exuberant, roughly-worked
sculptures and neon vitrines engage with the canon of art history.
Warren first came to prominence in the 1990s and exhibits widely in
Europe and the United States. This new exhibition will draw
connections between her practice to date and the geographical
context and artistic legacy of St Ives. This publication includes
texts by Anne Barlow and Laura Smith and an in conversation between
Laura Smith and Rebecca Warren.
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.
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