Family Law and the Indissolubility of Parenthood PDF Download

Author: Patrick Parkinson
Publisher: Cambridge University Press
ISBN: 9781107614338
Category : Law
Languages : en
Pages : 0

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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: Linda C. McClain
Publisher: NYU Press
ISBN: 0814729150
Category : Law
Languages : en
Pages : 400

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Book Description
Extraordinary changes in patterns of family life—and family law—have dramatically altered the boundaries of parenthood and opened up numerous questions and debates. What is parenthood and why does it matter? How should society define, regulate, and support it? Is parenthood separable from marriage—or couplehood—when society seeks to foster children’s well-being? What is the better model of parenthood from the perspective of child outcomes? Intense disagreements over the definition and future of marriage often rest upon conflicting convictions about parenthood. What Is Parenthood? asks bold and direct questions about parenthood in contemporary society, and it brings together a stellar interdisciplinary group of scholars with widely varying perspectives to investigate them. Editors Linda C. McClain and Daniel Cere facilitate a dynamic conversation between scholars from several disciplines about competing models of parenthood and a sweeping array of topics, including single parenthood, adoption, donor-created families, gay and lesbian parents, transnational parenthood, parentchild attachment, and gender difference and parenthood.

Author: Andrea Büchler
Publisher:
ISBN: 9781780683409
Category : Convention for the Protection of Human Rights and Fundamental Freedoms
Languages : en
Pages : 0

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Book Description
This book explains and analyses in depth the theory and practice of Article 8 ECHR with respect to family forms and parenthood.

Author: Amanda K. Baumle
Publisher: NYU Press
ISBN: 1479811815
Category : Family & Relationships
Languages : en
Pages : 309

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Book Description
In-depth interviews examine the role of the law in the lives of LGBT parents The decision to have a child is seldom a simple one, often fraught with complexities regarding emotional readiness, finances, marital status, and compatibility with life and career goals. Rarely, though, do individuals consider the role of the law in facilitating or inhibiting their ability to have a child or to parent. For LGBT individuals, however, parenting is saturated with legality - including the initial decision of whether to have a child, how to have a child, whether one's relationship with their child will be recognized, and everyday acts of parenting. Through interviews with 137 LGBT parents, Amanda K. Baumle and D'Lane R. Compton examine the role of the law in the lives of LGBT parents and how individuals use the law when making decisions about family formation or parenting. Baumle and Compton explore the ways in which LGBT parents participate in the process of constructing legality through accepting, modifying, or rejecting legal meanings about their families. They conclude that legality is constructed through a complex interplay of legal context, social networks, individual characteristics, and familial desires. Ultimately, the stories of LGBT parents in this book reflect a rich and varied relationship between the law, the state, and the private family goals of individuals.

Author: Harry Willekens
Publisher: Göttingen University Press
ISBN: 3863954254
Category : Law in general. Comparative and uniform law. Jurisprudence
Languages : en
Pages : 182

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Book Description
Who is a child’s legal mother? Must a child have exactly one mother, can it have two or three, or can it have two fathers, but no mother? Or has the concept of motherhood become obsolete and should we just talk of parenthood in a gender neutral way? Questions such as these would have appeared esoteric only a few decades ago, but as a result of new social developments (such as frequent family reconstitutions, gay and lesbian emancipation or surrogacy) and of technological innovations (such as egg and embryo donations) they have become issues in a vehement debate. The interdisciplinary contributions to this book focus on the legal definition of motherhood, on the way in which legal conceptions structure the social discourse on motherhood (and vice versa), and on the influence of legal rules on power relations between mothers, fathers, children and the state. Among the issues addressed are - the challenges to our understanding of the legal regulation of motherhood by developments in reproductive medicine; - the challenges to our understanding of the legal regulation of motherhood by parental constellations deviating from the mother-father-model (single motherhood by choice, same-gender parenthood, multiple parenthood); - the exercise of parental rights in case of parental separation and the impact of legal rules on the bargaining positions of mothers and fathers.

Author: Eve M. Brank
Publisher: NYU Press
ISBN: 1479824755
Category : Psychology
Languages : en
Pages : 243

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Book Description
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.

Author: Yehezkel Margalit
Publisher: Cambridge University Press
ISBN: 1108422721
Category : Law
Languages : en
Pages : 335

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Book Description
Offering intentional parenthood as the most appropriate, flexible and just normative doctrine for resolving the various dilemmas that have surfaced in the modern era.

Author: Jill Elaine Hasday
Publisher: Harvard University Press
ISBN: 0674281284
Category : Law
Languages : en
Pages : 318

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Book Description
This is the first book to explore the canonical narratives, stories, examples, and ideas that legal decisionmakers invoke to explain family law and its governing principles. Jill Elaine Hasday shows how this canon misdescribes the reality of family law, misdirects attention away from actual problems family law confronts, and misshapes policies.

Author: Susan Golombok
Publisher: PublicAffairs
ISBN: 1541758633
Category : Family & Relationships
Languages : en
Pages : 320

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Book Description
From one of the world's leading experts, this absorbing narrative history of the changing structure of modern families shows how children can flourish in any kind of loving home. The past few decades have seen extraordinary change in the idea of a family. The unit once understood to include two straight parents and their biological children has expanded vastly—same-sex marriage, adoption, IVF, sperm donation, and other forces have enabled new forms to take shape. This has resulted in enormous upheaval and controversy, but as Susan Golombok shows in this compelling and important book, it has also meant the health and happiness of parents and children alike. Golombok's stories, drawn from decades of research, are compelling and dramatic: family secrets kept for years and then inadvertently revealed; children reunited with their biological parents or half siblings they never knew existed; and painful legal battles to determine who is worthy of parenting their own children. Golombok explores the novel moral questions that changing families create, and ultimately makes a powerful argument that the bond between family members, rather than any biological or cultural factor, is what ensures a safe and happy future. We Are Family is unique, authoritative, and deeply humane. It makes an important case for all families—old, new, and yet unimagined.

Author: Douglas NeJaime
Publisher: Aspen Publishing
ISBN: 154381591X
Category : Law
Languages : en
Pages : 1152

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Book Description
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