Family Law and the Indissolubility of Parenthood PDF Download

Author: Patrick Parkinson
Publisher: Cambridge University Press
ISBN: 1139497766
Category : Law
Languages : en
Pages : 301

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Book Description
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.

Author: Kathryn Kuehnle
Publisher: OUP USA
ISBN: 0199754020
Category : Family & Relationships
Languages : en
Pages : 630

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Book Description
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.

Author: Jane C. Murphy
Publisher: NYU Press
ISBN: 1479842206
Category : Family & Relationships
Languages : en
Pages : 227

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Book Description
Over the past thirty years, there has been a dramatic shift in the way the legal system approaches and resolves family disputes. Traditionally, family law dispute resolution was based on an “adversary” system: two parties and their advocates stood before a judge who determined which party was at fault in a divorce and who would be awarded the rights in a custody dispute. Now, many family courts are opting for a “problem-solving” model in which courts attempt to resolve both legal and non-legal issues. At the same time, American families have changed dramatically. Divorce rates have leveled off and begun to drop, while the number of children born and raised outside of marriage has increased sharply. Fathers are more likely to seek an active role in their children’s lives. While this enhanced paternal involvement benefits children, it also increases the likelihood of disputes between parents. As a result, the families who seek legal dispute resolution have become more diverse and their legal situations more complex. In Divorced from Reality, Jane C. Murphy and Jana B. Singer argue that the current "problem solving" model fails to address the realities of today's families. The authors suggest that while today’s dispute resolution regime may represent an improvement over its more adversary predecessor, it is built largely around the model of a divorcing nuclear family with lawyers representing all parties—a model that fits poorly with the realities of today's disputing families. To serve the families it is meant to help, the legal system must adapt and reshape itself.

Author: Sonia Harris-Short
Publisher: Oxford University Press, USA
ISBN: 0199664188
Category : Law
Languages : en
Pages : 1145

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Book Description
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.

Author: Rob George
Publisher: Bloomsbury Publishing
ISBN: 1782252177
Category : Law
Languages : en
Pages : 210

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Book Description
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.

Author: Stephen Gilmore
Publisher: Routledge
ISBN: 1351555030
Category : Law
Languages : en
Pages : 601

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Book Description
This volume represents key scholarship on the issue of parental rights and responsibilities, selected from a dense forest of literature. The collection offers an overview of the subject and covers topics such as: underlying rationales of who or what is a parent; legal concepts of ?parent? and their linkage; the legal parent - accommodating complexity; the nature and scope of parental rights; shared parental responsibility; and parental rights and the state.

Author: Patrick Parkinson
Publisher: OUP Oxford
ISBN: 0191553409
Category : Law
Languages : en
Pages : 256

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Book Description
When relationships break down, disputes commonly arise over the parenting arrangements for children, whose living arrangements have to be reorganized at a time of great conflict and turmoil. Most such disputes are resolved without a judicial determination through private agreement, negotiation between lawyers, mediation, or a combination of these methods. This book examines whether and how children should be involved in the process of resolving family law disputes. Although there is widespread acceptance in the Western world that the views of children should be taken into account, and that the weight given to those views should depend on their age and maturity, there is much less agreement about how children's voices should be heard. There are many benefits to giving children a voice in decisions that affect their lives, and the UN Convention on the Rights of the Child identifies this as a right for children. However, there are difficulties and dangers in seeking to hear from children, not least because they may be subject to pressure from each parent to express views that support his or her case. Courts dealing with family law issues are constantly faced with a dilemma. Is it better to keep children out of the conflict, or to give them a say, so that the arrangements are as workable for them as possible? This book integrates examinations of these issues with empirical data from interviews which explore the views and experiences of children, parents, counsellors, mediators, lawyers, and judges involved in such disputes in Australia. Drawing on this research, the authors suggest ways in which children can better be heard without placing them at the centre of their parents' conflicts. They argue that the focus should not just be on how children are heard in legal proceedings, but on how they can be better heard in those families who resolve their conflicts without going to court.

Author: Archana Parashar
Publisher: Cambridge University Press
ISBN: 1107561795
Category : Law
Languages : en
Pages : 477

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Book Description
This book challenges conventional boundaries of family law providing a solid foundation and edge to students' understanding of the topic.

Author: Melinda Cooper
Publisher: MIT Press
ISBN: 1942130058
Category : Political Science
Languages : en
Pages : 449

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Book Description
An investigation of the roots of the alliance between free-market neoliberals and social conservatives. Why was the discourse of family values so pivotal to the conservative and free-market revolution of the 1980s and why has it continued to exert such a profound influence on American political life? Why have free-market neoliberals so often made common cause with social conservatives on the question of family, despite their differences on all other issues? In this book, Melinda Cooper challenges the idea that neoliberalism privileges atomized individualism over familial solidarities, and contractual freedom over inherited status. Delving into the history of the American poor laws, she shows how the liberal ethos of personal responsibility was always undergirded by a wider imperative of family responsibility and how this investment in kinship obligations is recurrently facilitated the working relationship between free-market liberals and social conservatives. Neoliberalism, she argues, must be understood as an effort to revive and extend the poor law tradition in the contemporary idiom of household debt. As neoliberal policymakers imposed cuts to health, education, and welfare budgets, they simultaneously identified the family as a wholesale alternative to the twentieth-century welfare state. And as the responsibility for deficit spending shifted from the state to the household, the private debt obligations of family were defined as foundational to socioeconomic order. Despite their differences, neoliberals and social conservatives were in agreement that the bonds of family needed to be encouraged—and at the limit enforced—as a necessary counterpart to market freedom. In a series of case studies ranging from Bill Clinton's welfare reform to the AIDS epidemic and from same-sex marriage to the student loan crisis, Cooper explores the key policy contributions made by neoliberal economists and legal theorists. Only by restoring the question of family to its central place in the neoliberal project, she argues, can we make sense of the defining political alliance of our times, that between free-market economics and social conservatism.

Author: José Manuel de Torres Perea
Publisher: Routledge
ISBN: 1000389375
Category : Family & Relationships
Languages : en
Pages : 472

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Book Description
This multidisciplinary volume offers an essential, comprehensive study of perspectives on the scope and application of the best interests of the child and focuses mainly on its application in relation to child custody. With expert contributions from psychological, sociological and legal perspectives, it offers scientific analysis and debate on whether it should be the primary consideration in deciding child custody cases in cases of divorce or separation or whether it should be one of several primary considerations. It explores complex dilemmas inherent in shared parenting and whether the advantages it offers children are sufficient when compared to attributing custody to one parent and limiting visitation rights of the other. Offering a comprehensive analysis of this complex topic, chapters provide detailed insight into the current state of research in this area, as well as expert guidelines aimed at resolving the controversies when parents agree or disagree over their children’s living arrangements. Cutting-edge topics explored include: transnational shared parenting; alternative dispute resolution; breastfeeding parents; religious disputes between parents and the psychological, social and economic factors that affect shared parenting. The Routledge International Handbook of Shared Parenting and Best Interest of the Child will be essential reading for scholars and graduate students in law, psychology, sociology and economics interested in shared parenting and family law.