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Changes in family structures, demographics, social attitudes and
economic policies over the last 60 years have had a large impact on
family lives and correspondingly on family law. The Second Edition
of this Handbook draws upon recent developments to provide a
comprehensive and up-to-date global perspective on the policy
challenges facing family law and policy round the world. The
chapters apply legal, sociological, demographic and social work
research to explore the most significant issues that have been
commanding the attention of family law policymakers in recent
years. Featuring contributions from renowned global experts, the
book draws on multiple jurisdictions and offers comparative
analysis across a range of countries. The book addresses a range of
issues, including the role of the state in supporting families and
protecting the vulnerable, children's rights and parental
authority, sexual orientation, same-sex unions and gender in family
law, and the status of marriage and other forms of adult
relationships. It also focuses on divorce and separation and their
consequences, the relationship between civil law and the law of
minority groups, refugees and migrants and the movement of family
members between jurisdictions along with assisted conception,
surrogacy and adoption. This advanced-level reference work will be
essential reading for students, researchers and scholars of family
law and social policy as well as policymakers in the field.
Changes in family structures, demographics, social attitudes and
economic policies over the last 60 years have had a large impact on
family lives and correspondingly on family law. The Second Edition
of this Handbook draws upon recent developments to provide a
comprehensive and up-to-date global perspective on the policy
challenges facing family law and policy round the world. The
chapters apply legal, sociological, demographic and social work
research to explore the most significant issues that have been
commanding the attention of family law policymakers in recent
years. Featuring contributions from renowned global experts, the
book draws on multiple jurisdictions and offers comparative
analysis across a range of countries. The book addresses a range of
issues, including the role of the state in supporting families and
protecting the vulnerable, children's rights and parental
authority, sexual orientation, same-sex unions and gender in family
law, and the status of marriage and other forms of adult
relationships. It also focuses on divorce and separation and their
consequences, the relationship between civil law and the law of
minority groups, refugees and migrants and the movement of family
members between jurisdictions along with assisted conception,
surrogacy and adoption. This advanced-level reference work will be
essential reading for students, researchers and scholars of family
law and social policy as well as policymakers in the field.
Children Act 1989 introduced the most radical changes to child care
law for a generation. Eekelaar and Dingwall provide a concise,
practical guide to the legislation for all professionals practising
in this area.
The Children Act 1989 introduces the most radical changes to child
care law for a generation. Eekelaar and Dingwall provide a concise,
practical guide to the legislation for all professionals practising
in this area. This book should be of interest to students and
practitioners of social work, applied social studies, health
visiting, and law.
The interaction between individual rights, which are often seen in
secular terms, and religion is becoming an important and complex
topic not only for academic study but for practical policy. This
volume collects a range of writings from journals, edited
collections and individual books which deal with different aspects
of the interaction within the context of family life, and which
appear with their original pagination. These studies have been
selected because they throw a sharp light on central elements of
the role of religion in determining the structure of the rights of
family members in relation to one another, both from an historical
and contemporary perspective. While many of the writings are
focused on US and European systems, selected writings covering
other systems illustrate the universal nature of the topic. The
studies are accompanied by a reflective commentary from the editor
which sets the writings in a broad context of social,
constitutional and philosophical thought, with the aim of
stimulating critical thought and discussion.
After the Act describes the aftermath of the recent removal under
LASPO of public funding from legal services in family matters other
than in defined cases such as child protection and domestic abuse.
Through analysis of the policy context, interviews with key
players, observation of services provided by lawyers, students, lay
support workers and the advice sector, the authors outline the work
being done and the skills being used in a range of settings. The
book raises questions not only about access to family justice, but
about the role of law in family matters in an increasingly
post-legal society. Fragmentation of the market in the new services
offering information, initial advice, online or alternative dispute
resolution - but rarely ongoing casework - raises questions about
where costs fall and how quality can be assured. Many of these
services are forms of private ordering, where outcomes are hard to
assess. If neither the state nor the individual can afford full
legal services where the best interests of any child involved are
of paramount importance, and lawyers negotiate to make best use of
the resources available, perhaps it is time to consider using
lawyers differently, with lay support, to solve problems before
they become disputes.
Do lawyers make matters worse, or do they provide information,
advice and support which can help to prevent disputes arising or
manage them when they do? Do mediators enable parties to
communicate and reach agreements tailor-made to their needs? Or
working outside the legal framework, do they find it difficult to
protect weaker parties and access expert advice? What happens when
lawyers become mediators? This book will describe the structure of
service provision and the day-to-day work of lawyers, mediators,
and lawyer mediators, drawing on empirical work carried out between
2013 and 2015 immediately after the recent changes to the
management of divorce and separation within the family justice
system. The reduction in legal aided help in 2013 and the failure
of mediation to fill the gap in 2014-15 have given rise to a
difficult debate. This book aims to provide an account of some of
the practical effects of these policies through a description of
the daily work of practitioners in the sector. It raises the
question of whether we need to choose between traditional legal
services and the new processes of private ordering or whether
intermediate positions might be possible.
Family justice requires not only a legal framework within which
personal obligations are regulated over the life course, but also a
justice system which can deliver legal information, advice and
support at times of change of status or family stress, together
with mechanisms for negotiation, dispute management and resolution,
with adjudication as the last resort. The past few years have seen
unparalleled turbulence in the way family justice systems function.
These changes are associated with economic constraints in many
countries, including England and Wales, where legal aid for private
family matters has largely disappeared. But there is also a change
in ideology in a number of jurisdictions, including Canada, towards
what is sometimes called neo-liberalism, whereby the state seeks to
reduce its area of activity while at the same time maintaining
strong views on family values. Legal services may become fragmented
and marketised, and the role of law and lawyers reduced, while
self-help web based services expand. The contributors to this
volume share their anxieties about the impact on the ability of
individuals to achieve fair and informed resolution in family
matters.
Do lawyers make matters worse, or do they provide information,
advice and support which can help to prevent disputes arising or
manage them when they do? Do mediators enable parties to
communicate and reach agreements tailor-made to their needs? Or
working outside the legal framework, do they find it difficult to
protect weaker parties and access expert advice? What happens when
lawyers become mediators? This book will describe the structure of
service provision and the day-to-day work of lawyers, mediators,
and lawyer mediators, drawing on empirical work carried out between
2013 and 2015 immediately after the recent changes to the
management of divorce and separation within the family justice
system. The reduction in legal aided help in 2013 and the failure
of mediation to fill the gap in 2014-15 have given rise to a
difficult debate. This book aims to provide an account of some of
the practical effects of these policies through a description of
the daily work of practitioners in the sector. It raises the
question of whether we need to choose between traditional legal
services and the new processes of private ordering or whether
intermediate positions might be possible.
The aim of this book is to explore what response the law has or
should have to different family practices arising from cultural and
religious beliefs. The issue has become increasingly debated as
western countries have become more culturally diverse. Although
discussion has frequently focused on the role Islamic family law
should have in these countries, this book seeks to set that
discussion within a wider context that includes consideration both
of theoretical issues and also of empirical data about the
interaction between specific family practices and state law in a
variety of jurisdictions ranging from England and Wales to
Bangladesh, Botswana, Spain, Poland, France, Israel, Iran and South
Africa. The contributors to the 17 chapters approach the subject
matter from a variety of perspectives, illustrating its complex and
often sensitive nature. The book does not set out to propose any
single definitive strategy that should be adopted, but provides
material on which researchers, advocates and policymakers can draw
in furthering their understanding of and seeking solutions to the
problems raised by this significant social development.
Family justice requires not only a legal framework within which
personal obligations are regulated over the life course, but also a
justice system which can deliver legal information, advice and
support at times of change of status or family stress, together
with mechanisms for negotiation, dispute management and resolution,
with adjudication as the last resort. The past few years have seen
unparalleled turbulence in the way family justice systems function.
These changes are associated with economic constraints in many
countries, including England and Wales, where legal aid for private
family matters has largely disappeared. But there is also a change
in ideology in a number of jurisdictions, including Canada, towards
what is sometimes called neo-liberalism, whereby the state seeks to
reduce its area of activity while at the same time maintaining
strong views on family values. Legal services may become fragmented
and marketised, and the role of law and lawyers reduced, while
self-help web based services expand. The contributors to this
volume share their anxieties about the impact on the ability of
individuals to achieve fair and informed resolution in family
matters.
THE PROTECTION OF CHILDREN is a classic study of law and social
work in action. It is based on the most extensive investigation of
child abuse and neglect ever carried out in Great Britain. The
authors followed the course of numerous cases from the first
detection of ill-treatment to the resolution (or otherwise) of the
problem. Famous for coining the much-used (and often misused or
misunderstood) phrase "the rule of optimism," this book is updated
with an extensive Postscript from 1995 and a new, 2014 Preface that
explains the uneven history of the optimism principle in both the
UK and US - and in both social work practice and sociological
scholarship. The authors are experts in sociology, law, and social
work in the field, and they bring their unique perspectives and
experiences to this recognized and insightful project.
The aim of this book is to explore what response the law has or
should have to different family practices arising from cultural and
religious beliefs. The issue has become increasingly debated as
western countries have become more culturally diverse. Although
discussion has frequently focused on the role Islamic family law
should have in these countries, this book seeks to set that
discussion within a wider context that includes consideration both
of theoretical issues and also of empirical data about the
interaction between specific family practices and state law in a
variety of jurisdictions ranging from England and Wales to
Bangladesh, Botswana, Spain, Poland, France, Israel, Iran and South
Africa. The contributors to the 17 chapters approach the subject
matter from a variety of perspectives, illustrating its complex and
often sensitive nature. The book does not set out to propose any
single definitive strategy that should be adopted, but provides
material on which researchers, advocates and policy makers can draw
in furthering their understanding of and seeking solutions to the
problems raised by this significant social development.
Increasing recognition of different family structures has posed
dilemmas for family law and policy throughout the world. The
problem often takes the form of conflicts between constitutional
law or international human rights norms and between traditional
forms of family association and emerging new forms of familial
living. In this volume,leading family lawyers chart and analyse how
family law in countries with a wide variety of different
backgrounds has responded to these problems. Divided into six
parts, the book examines the social and demographic context, the
dynamics of legal assimilation of changes in social norms, the
State and pluralism, the constitutionalisation of family law,
social and natural parenthood and the reconciliation of changing
norms and changing family forms. In doing this it provides many
insights into the differences and similarities between developments
in western and non-western countries and the ways in which all
systems seek to reconcile official law and ideology with social
behaviour.
What kinds of obligations do parents have towards their children as
family life becomes more complex? Many children pass through a
number of different households,living with one or both parents and
later step parents and step brothers and sisters. How are the new
forms of family life accommodated in the legal system? The answer
is that parenthood, rather than marriage, is now emerging as the
central mechanism through which moral principles are converted into
legal and social obligations. This study of 250 children who do not
live with both of their parents shows, however, that despite the
comparative legal emptiness of marriage, the experience of living
longer with both parents than is usually the case of children of
cohabiting or single parents endows the child with social capital
in the form of enduring involvement with the outside parent, even
after divorce, and that this happens to a greater extent than for
children whose parents were not married.
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.
Recent changes to the legal aid system and the promotion of
mediation have put the future of family law work in doubt. The
legal process is widely perceived as being in itself harmful to the
resolution of family disputes and wastefully expensive. Yet such
attitudes are based on little evidence. Family Lawyers considers
these issues on the basis of research into the way family lawyers
deal with their divorcing clients, and how this fits into their
general legal practice. It examines how solicitors negotiate both
with their clients and with the "other side", how long cases take
and what causes delays, and whether clients get value for their
money. At a time of great change within the delivery of legal
services, this book provides an insight into the real world of
family solicitors, and will allow a more balanced assessment of the
role and of the place of the law in this aspect of social life.
After the Act describes the aftermath of the recent removal under
LASPO of public funding from legal services in family matters other
than in defined cases such as child protection and domestic abuse.
Through analysis of the policy context, interviews with key
players, observation of services provided by lawyers, students, lay
support workers and the advice sector, the authors outline the work
being done and the skills being used in a range of settings. The
book raises questions not only about access to family justice, but
about the role of law in family matters in an increasingly
post-legal society. Fragmentation of the market in the new services
offering information, initial advice, online or alternative dispute
resolution - but rarely ongoing casework - raises questions about
where costs fall and how quality can be assured. Many of these
services are forms of private ordering, where outcomes are hard to
assess. If neither the state nor the individual can afford full
legal services where the best interests of any child involved are
of paramount importance, and lawyers negotiate to make best use of
the resources available, perhaps it is time to consider using
lawyers differently, with lay support, to solve problems before
they become disputes.
The role of the law in settling family disputes has been a matter
of particular debate over the past twenty-five years. In keeping
with the general public perception, the media has been largely
critical about the role of lawyers in family law matters,
sustaining a general lack of confidence in the legal profession,
and a more specific feeling that in family matters lawyers
aggravate conflict or even represent a female conspiracy. The
climate in which family lawyers practise in England and Wales is
therefore a harsh one. The authors of this path-breaking study felt
it was time to find out more about the contribution of barristers
in family law cases. They therefore embarked on a careful study of
the Family Law Bar, its characteristics, what its members do, and
how their activities contribute to the management or resolution of
family disputes. Much of the study is comprised of an in-depth
examination of the day-to-day activity of members of the family law
bar through observation of individual barristers as they performed
their role in the context of a court hearing, In attempting to
answer questions such as whether our family justice system is
excessively adversarial, or whether family barristers earn too much
from human unhappiness, or indeed whether those working in the
front line of child protection earn enough, the authors reach some
surprising conclusions.'The barrister is both mentor and guide for
the client' is how they begin their conclusion; 'we hope that we
have shown that society should value their contribution better' is
how they finish.
This contribution to comparative family law brings together essays
on a range of issues in family law in the United States and
England, showing how they stand at the beginning of the 21st
century. This provides an opportunity to examine how family law has
reacted to a period of change in family life widely held to be
without precedent. The legal analyses are set within critical
accounts of wider social and family policy and against a fully
explored demographic background provided by leading scholars in
these areas.
Recent changes to the legal aid system and the promotion of
mediation have put the future of family law work in doubt. The
legal process is widely perceived as being in itself harmful to the
resolution of family disputes and wastefully expensive. Yet such
attitudes are based on little evidence. Family Lawyers considers
these issues on the basis of research into the way family lawyers
deal with their divorcing clients, and how this fits into their
general legal practice. It examines how solicitors negotiate both
with their clients and with the "other side", how long cases take
and what causes delays, and whether clients get value for their
money. At a time of great change within the delivery of legal
services, this book provides an insight into the real world of
family solicitors, and will allow a more balanced assessment of the
role and of the place of the law in this aspect of social life.
What kinds of obligations do parents have towards their children as
family life becomes more complex? Many children pass through a
number of different households,living with one or both parents and
later step parents and step brothers and sisters. How are the new
forms of family life accommodated in the legal system? The answer
is that parenthood, rather than marriage, is now emerging as the
central mechanism through which moral principles are converted into
legal and social obligations. This study of 250 children who do not
live with both of their parents shows, however, that despite the
comparative legal emptiness of marriage, the experience of living
longer with both parents than is usually the case of children of
cohabiting or single parents endows the child with social capital
in the form of enduring involvement with the outside parent, even
after divorce, and that this happens to a greater extent than for
children whose parents were not married.
This book is about the delivery of family justice in England and
Wales, focusing on the work of the family judiciary in the lower
courts. The policy context is moving so rapidly that the authors
have gone beyond presenting their empirical findings to offer a
broader consideration of the nature and role of the family justice
system, as these are in danger of being lost amid present reform
proposals. The first four chapters are historical and comparative,
examining assumptions about family justice and offering a defence
of the role of legal rights in family life, and the importance of
good policy-making balancing outcome- and behaviour-focused
approaches to family justice. Comparative examples from the US and
Australia show how new approaches to family justice can be
successfully deployed. The next three chapters are empirical,
including a typology of the roles played and tasks addressed by the
judges, overturning the commonly held assumption that the central
judicial role is adjudication, emphasising the extent to which
judges integrate outcome- and behaviour-focused approaches to
family justice, and giving a detailed account of the daily work of
circuit and district judges and legal advisers. The conclusion is
that there is a trend across jurisdictions, driven by technological
innovation and by economic constraints, to reduce the role of
courts and lawyers in favour of individual choices based on private
or government-funded information sources. While these developments
can be beneficial, they also have dangers and limitations. The
final chapter argues that despite the move to privatised forms of
dispute resolution, family justice still demands a sound judicial
structure.
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.
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