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Family Law And The Indissolubility Of Parenthood
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Book Synopsis Family Law and the Indissolubility of Parenthood by : Patrick Parkinson
Download or read book Family Law and the Indissolubility of Parenthood written by Patrick Parkinson and published by Cambridge University Press. This book was released on 2011-02-21 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are few areas of public policy in the Western world where there is as much turbulence as in family law. Often the disputes are seen in terms of an endless war between the genders. Reviewing developments over the last 30 years in North America, Europe and Australasia, Patrick Parkinson argues that, rather than just being about gender, the conflicts in family law derive from the breakdown of the model on which divorce reform was predicated in the late 1960s and early 1970s. Experience has shown that although marriage may be freely dissoluble, parenthood is not. Dealing with the most difficult issues in family law, this book charts a path for law reform that recognizes that the family endures despite the separation of parents, while allowing room for people to make a fresh start and prioritizing the safety of all concerned when making decisions about parenting after separation.
Book Synopsis The Psychology of Family Law by : Eve M. Brank
Download or read book The Psychology of Family Law written by Eve M. Brank and published by NYU Press. This book was released on 2019-04-09 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner, 2021 Lawrence S. Wrightsman Book Award, given by the American Psychology-Law Society Bridges family law and current psychological research to shape understanding of legal doctrine and policy Family law encompasses legislation related to domestic relationships—marriages, parenthood, civil unions, guardianship, and more. No other area of law touches so closely to home, or is changing at such a rapid pace—in fact, family law is so dynamic precisely because it is inextricably intertwined with psychological issues such as human behavior, attitudes, and social norms. However, although psychology and family law may seem a natural partnership, both fields have much to learn from each other. Our laws often fail to take into account our empirical knowledge of psychology, falling back instead on faulty assumptions about human behavior. This book encourages our use of psychological research and methods to inform understandings of family law. It considers issues including child custody, intimate partner violence, marriage and divorce, and child and elder maltreatment. For each topic discussed, Eve Brank presents a case, statute, or legal principle that highlights the psychological issues involved, illuminating how psychological research either supports or opposes the legal principles in question, and placing particular emphasis on the areas that are still in need of further research. The volume identifies areas where psychology practice and research already have been or could be useful in molding legal doctrine and policy, and by providing psychology researchers with new ideas for legally relevant research.
Book Synopsis Family Law Reimagined by : Jill Elaine Hasday
Download or read book Family Law Reimagined written by Jill Elaine Hasday and published by Harvard University Press. This book was released on 2014-06-30 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the law’s most important and far-reaching roles is to govern family life and family members. Family law decides who counts as kin, how family relationships are created and dissolved, and what legal rights and responsibilities come with marriage, parenthood, sibling ties, and other family bonds. Yet despite its significance, the field remains remarkably understudied and poorly understood both within and outside the legal community. Family Law Reimagined is the first book to evaluate the canonical narratives, examples, and ideas that legal decisionmakers repeatedly invoke to explain family law and its governing principles. These stories contend that family law is exclusively local, that it repudiates market principles, that it has eradicated the imprint of common law doctrines which subordinated married women, that it is dominated by contract rules permitting individuals to structure their relationships as they choose, and that it consistently prioritizes children’s interests over parents’ rights. In this book, Jill Elaine Hasday reveals how family law’s canon misdescribes the reality of family law, misdirects attention away from the actual problems that family law confronts, and misshapes the policies that legal authorities pursue. She demonstrates how much of the “common sense” that decisionmakers expound about family law actually makes little sense. Family Law Reimagined uncovers and critiques the family law canon and outlines a path to reform. Challenging conventional answers and asking questions that judges and lawmakers routinely overlook, it calls on us to reimagine family law.
Book Synopsis Reconceiving the Family by : Robin Fretwell Wilson
Download or read book Reconceiving the Family written by Robin Fretwell Wilson and published by Cambridge University Press. This book was released on 2006-07-17 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 2006 book provides a critical examination of and reflection on the American Law Institute's (ALI) Principles of the Law of Family Dissolution: Analysis and Recommendations ('Principles'), arguably the most sweeping proposal for family law reform attempted in the US over the last quarter century. The volume is a collaborative work of individuals from diverse perspectives and disciplines who explore the fundamental questions about the nature of family, parenthood, and child support. The contributors are all recognized authorities on aspects of family law and provide commentary on the principles examined by the ALI - fault, custody, child support, property division, spousal support and domestic partnerships, utilizing a wide range of analytical tools, including economic theory, constitutional law, social science data and linguistic analysis. This volume also includes the perspectives of US judges and legislators and leading family law scholars in the United Kingdom, Europe, Canada and Australia.
Book Synopsis The Voice of a Child in Family Law Disputes by : Patrick Parkinson
Download or read book The Voice of a Child in Family Law Disputes written by Patrick Parkinson and published by Oxford University Press on Demand. This book was released on 2008 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is it better to keep children out of family law conflicts about parenting, or to give them a say? This book integrates the issues with empirical data on the views and experiences of children and other participants in such disputes, suggesting ways that children can better be heard without placing them at the centre of conflicts.
Book Synopsis From Partners to Parents by : June Carbone
Download or read book From Partners to Parents written by June Carbone and published by Columbia University Press. This book was released on 2000 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the changes that have occurred in families, family research, and family law in the late 20th century, this volume describes a paradigm shift in the legal and social regulation of the family to an emphasis on parents' relationships to their children, rather than to each other.
Download or read book Cross Currents written by Sanford N. Katz and published by Oxford University Press, USA. This book was released on 2000 with total page 684 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique contribution to comparative law brings together dedicated essays on a comprehensive range of issues in family law in the United States and England showing how they stand at the beginning of the new century and how they reached there. This provides an unparalleled opportunity toexamine 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. Readerswill be challenged to understand the nature of contemporary family law and its possible future direction.
Book Synopsis Parenting Plan Evaluations by : Kathryn Kuehnle
Download or read book Parenting Plan Evaluations written by Kathryn Kuehnle and published by OUP USA. This book was released on 2012 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: When conducting parenting plan evaluations, mental health professionals need to be aware of a myriad of different factors. More so than in any other form of forensic evaluation, they must have an understanding of the most current findings in developmental research, behavioral psychology, attachment theory, and legal issues to substantiate their opinions. With a number of publications on child custody available, there is an essential need for a text focused on translating the research associated with the most important topics within the family court. This book addresses this gap in the literature by presenting an organized and in-depth analysis of the current research and offering specific recommendations for applying these findings to the evaluation process. Written by experts in the child custody arena, chapters cover issues associated with the most important and complex issues that arise in family court, such as attachment and overnight timesharing with very young children, dynamics between divorced parents and children's potential for resiliency, co-parenting children with chronic medical conditions and developmental disorders, domestic violence during separation and divorce, gay and lesbian co-parents, and relocation, among others. The scientific information provided in these chapters assists forensic mental health professionals to proffer empirically-based opinions, conclusions and recommendations. Parenting Plan Evaluations is a must-read for legal practitioners, family law judges and attorneys, and other professionals seeking to understand more about the science behind child custody evaluations.
Book Synopsis A Parent-Partner Status for American Family Law by : Merle H. Weiner
Download or read book A Parent-Partner Status for American Family Law written by Merle H. Weiner and published by Cambridge University Press. This book was released on 2015-09-17 with total page 659 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes a new 'parent-partner' legal status emphasizing obligations of parents to each other and to their children.
Book Synopsis Family Law in a Changing America by : Douglas NeJaime
Download or read book Family Law in a Changing America written by Douglas NeJaime and published by Aspen Publishing. This book was released on 2020-09-15 with total page 1152 pages. Available in PDF, EPUB and Kindle. Book excerpt: Family Law in a Changing America is a new casebook that highlights law and family patterns as they are now, not as they were decades ago. By focusing on key changes in family life, the casebook attends to rising equality and inequality within and among families. The law, formally at least, accords more equality and autonomy than ever before, having repudiated hierarchies based on race, gender, and sexuality. Yet, as our society has grown more economically unequal, so too have family patterns diverged—with marriage and marital child-rearing becoming a mark of privilege. A number of developments—mass incarceration, the privatization of care, and reproductive technologies—have also contributed to disparities based on race, class, and gender. The casebook reflects the law’s continuing emphasis on marriage, but also treats nonmarital families as central. Rather than privilege the marital heterosexual family, the casebook organizes the presentation of the law around 1) adult relationships and 2) parent-child relationships. Professors and students will benefit from: Text that includes dramatic changes in family patterns in contemporary society, including: declining marriage rates, with differential rates based on race and class; increasing rates of nonmarital cohabitation and nonmarital parenting; the use of assisted reproduction and its challenge to biological understandings of parentage; tensions between women’s increasing education and employment and the perseverance of the gendered division of labor in families; the inclusion of same-sex couples in marriage and parenthood An approach that decenters the marital heterosexual family and instead is structured around the general topics of adult relationships and parent-child relationships Focus on the scope of family law, including extensive coverage of crucial sites of family regulation, such as the child welfare system, that are traditionally neglected Emphasis on multiple modes of legal interpretation (common law, constitutional, statutory) and multiple actors in the legal system (judges, legislators, lawyers, experts, social workers) Practical problems and exercises, often based on actual cases or events, that illuminate the gaps, tensions, and implications of existing doctrine; some of the problems include postscripts explaining how the issue was resolved by a court or legislature An approach that draws on more recent cases and cutting-edge issues and that includes extensive coverage of assisted reproduction (including IVF, surrogacy, and gamete donation), parentage (including intentional parenthood, functional parenthood, and multi-parent arrangements), adoption, child welfare, and family support
Book Synopsis Preserving Family Ties by : Mark David Roseman Ph.D. CFLE
Download or read book Preserving Family Ties written by Mark David Roseman Ph.D. CFLE and published by WestBow Press. This book was released on 2018-02-02 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preserving Family Ties was not written to give you a formula for action. Rather, this is a guidebook for understanding. It was written to give a clearer understanding of the complexity in child custody when parents separate. This book provides you the historical context for the changes you experience, and what you may fear. I have written this book to offer parents and professionals that context in which the new reality unfolds. It was written to help you understand that one can move forward best when they a) acknowledge your feelings as you endure so many life changes, often abrupt and unexpected; b) recognize the obstacles and options in the child custody and divorce process; and c) seek support from family, friends, community resources to affect the best transition for you and your children. There is no magic wand to solve problems that parents may encounter, real or imaginary. However, our imagination can play havoc with this journey of family transition. The future we prefer for our children, for each parent, for grandparents and other extended family members, can be far better than imagined.
Book Synopsis Family Law in America by : Sanford N. Katz
Download or read book Family Law in America written by Sanford N. Katz and published by Oxford University Press. This book was released on 2011-07-01 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: For many years family law was viewed as a study of the regulation of relationships of husband and wife and parent and child. Both relationships were clearly defined. In the case of husband and wife, it was through formal legal procedures or informal arrangements called marriage. In the case of parent and child it was either through biology or adoption. Equally defined were the stages by which these relationships were established, maintained, and terminated. By the close of the twentieth century, basic questions about who should be officially designated a family member and by what procedure were being raised both in the legislature and in litigation. In addition, conventional models that had defined domestic relations such as marriage, divorce, and adoption were either being expanded to include contemporary patterns of living arrangements and the current reality or new models were being constructed. In Family Law in America, Professor Sanford N. Katz examines the present state of family law in America. Themes include the tension between individual autonomy and governmental regulation in all aspects of family law, the extent to which relationships established before marriage are being regulated, and how marriage is being redefined to take into account equality of the sexes. It demonstrates how the definition of marriage as a partnership in which the individual spouse's rights are recognized has resulted in protection of the vulnerable spouse and examines fault and no-fault divorce procedures and the extent to which these procedures reflect social realities. This volume describes state intervention into the parent and child relationship and how this is reflected in the reexamination of the privacy of the family unit. It concludes with a discussion of the conventional model of adoption of children and how additional models are being developed to take into account new family forms.
Book Synopsis Family Law and the Pursuit of Intimacy by : Milton C. Regan Jr.
Download or read book Family Law and the Pursuit of Intimacy written by Milton C. Regan Jr. and published by NYU Press. This book was released on 1995-01-01 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, family law has catapulted from the shadows to the spotlight in public consciousness. The issues that family law addresses--divorce, custody, single parenthood, same-sex marriage, prenuptial contracts, unmarried cohabitation, alternative families--have attracted enormous public attention and have become the subject of celebrated legal disputes, newspaper and magazine articles, television shows and movies, and Presidential campaigns. The modern family serves as a highly-charged symbol of the conflicts that arise within an American culture that professes devotion both to individual rights and family obligations. Family law has shown increasing willingness in the last two decades to resolve these conflicts in favor of individual rights. It has placed heightened emphasis on the autonomy of individual family members, exhibiting greater suspicion of the family as a constraint on self-development. This has translated into a waning influence for the moral vision of family life that assigns rights and obligations to those with formal legal identities such as spouses, parents, or children--a vision expressed in the legal model of status. In its stead has entered the alternative vision of contract, which enables individuals themselves to establish the terms of their relationships, with regulation limited to cases of imminent harm. This vision strives to free individuals from the fetters of communal expectations so that they can pursue genuine intimacy with others. In this timely work, Regan delves into recent legal cases, social theory, and family history to challenge the assumption that contract should serve as the governing principle of family law. The devaluation of status, he claims, puts us at risk of losing the resonance of the family as a cultural model of the responsibilities that flow from relationships with others. In a postmodern world marked by fragmentation of both identity and personal relationships, intimate commitment may rest more than ever on the ability of culture to orient the individual within shared norms of conduct. The challenge therefore is to construct a new model of status--shorn of sexist assumptions, yet based on commitment and responsibility--that will preserve the distinctive character of family law as a narrative about self and other in intimate relationship.
Book Synopsis Family Law and Family Values by : Mavis Maclean
Download or read book Family Law and Family Values written by Mavis Maclean and published by Bloomsbury Publishing. This book was released on 2005-06-15 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Each individual experiences obligations arising from personal relationships. These are often hard to fulfil and give rise to tension between the demands of various relationships,between meeting current or future needs, but also between private norms and the demands of a public set of rules. The international contributors to this volume consider the relationship between family law and family values in the way law is framed, the way we are developing the legal context for new kinds of relationships such as cross-household parenting, same-sex partner relationships, and the obligations of adults to elders, and closes with a plea to rethink family law in terms of the functions we want it to perform. Contributors include Masha Antokolskaia, Benoit Bastard, John Eekelaar, Lisa Glennon, Jacek Kurczewski, Jane Lewis, Carol Smart, Velina Todorova and Jean van Houtte.
Download or read book Relocation Disputes written by Rob George and published by Bloomsbury Publishing. This book was released on 2014-07-04 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: Relocation cases are disputes between separated parents which arise when one parent proposes to move to a new geographic location with their child and the other parent objects to the proposal. Relocation disputes are widely recognised as being amongst the most difficult cases facing family courts, and the law governing them is increasingly a cause for debate at both national and international levels. In Relocation Disputes: Law and Practice in England and New Zealand, Rob George looks at the different ways in which the legal systems of England and New Zealand currently deal with relocation cases. Drawing on case law, literature and the views of legal practitioners in the two jurisdictions, Relocation Disputes represents a major contribution to our understanding of the everyday practice of relocation cases. The empirical data reported in this book reveal the practical differences between the English and New Zealand approaches to relocation, along with a detailed analysis of the pros and cons of each system as seen by judges, lawyers and court experts who deal with these cases in practice. This analysis leads to detailed criticisms and lessons that can be learnt, together with practical suggestions about possible reforms of relocation law.
Download or read book Family Law written by Rob George and published by Oxford University Press. This book was released on 2023-07-13 with total page 1111 pages. Available in PDF, EPUB and Kindle. Book excerpt: An unrivalled collection, placing key judgments and expert commentary at your fingertips. Family Law: Text, Cases, and Materials presents everything the undergraduate student needs in one volume. The authors offer a detailed and authoritative exposition of family law, illustrated by materials carefully selected from a wide range of sources. Key features - Combines a wide range ofcases and materials with insightful explanation, commentary and analysis, creating a complete resource for students of family law - Features authoritative author commentary which engages with a range of theoretical andcritical perspectives - Accompanying online resources provide regular updates on recent developments in family law, further reading suggestions, questions, and additional legal coverage - Also available as an e-book with functionality, navigation features, and links that offer extra learning support New to this edition - Developments including the Domestic Abuse Act 2021, Divorce, Dissolution and Separation Act 2020, andthe advent of mixed-sex civil partnership - Consideration of the Law Commission's proposed reform of weddings law, particularly in relation to non-qualifying ceremonies - A revised analysis of theGillick competence and children's autonomy rights in light of recent case law - Updated case law, including HM Attorney General v Akhter and Khan [2020], Guest v Guest [2022], Bell v Tavistock and Portman NHS Trust [2021], and Re H-W (Care Proceedings) [2022] Digital formats and resources The fifth edition is available for students and institutions to purchase in a variety offormats, 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 that support the book include regular updates on the law, further reading suggestions, and questions for students to consider.
Book Synopsis Determining Legal Parentage by : Yehezkel Margalit
Download or read book Determining Legal Parentage written by Yehezkel Margalit and published by Cambridge University Press. This book was released on 2019-04-25 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last few decades have witnessed dramatic changes affecting the institutions of family and parenthood. If, in the past, the classic family was defined sociologically as a pair of heterosexual parents living together under one roof along with their children, different sociological changes have led to a rapid and extreme transformation in the definitions of family, marital relations, parenthood, and the relationship between parents and children. Dr Yehezkel Margalit explores whether and to what extent there is room, legally and ethically, for the use of modern contractual devices and doctrines to privately regulate the establishment of legal parentage. This book offers intentional parenthood as the most appropriate and flexible normative doctrine for resolving the dilemmas which have surfaced in the field of determining legal parentage. By using the certainty of contract law, determining the legal status of parenthood will be seen as the best method to sort out ambiguities and assure both parental and children rights.
