Family law Books

Book SynopsisThe Changing Concept of 'Family' and Challenges for Domestic Family Law explores the changing concept of 'family', with the current social, political, medical and scientific challenges for domestic family law discussed in over 20 European jurisdictions. National reports describe the current law and legal development for 'horizontal' (the law of relationships between adults such as marriage, divorce, cohabitation, same-sex relationships), 'vertical' (the law governing the relationships between adults and children, such as parentage including artificial reproductive techniques and surrogacy, parental responsibility and adoption) and individual (the law of names and recognition of gender identity) family law. They show that, while considerable legal and societal diversity still exists within Europe, family law, in many areas, is developing along similar lines, with a convergence towards a European family law.This book, and the others in the set, will serve as an invaluable resource for anyone interested in family law. It will be of particular use to students and scholars of comparative and international family law, as well as family law practitioners.Contributors: G. Douglas, L. Francoz Terminal, T. Keller, O. Khazova, G. Kubi ková, A. Lamarca Marquès, D. Martiny, K. McK Norrie, B. Novak, E. Örücü, J.M. Scherpe, I. Schwenzer, B. Sloan, T. Sverdrup, F. Swennen, O. Szeibert, M. Giovanna E. ZervogianniTrade Review‘The four volumes that make up this monumental project represent the insight and experience of many fine family law scholars. The volumes examine themes, individual countries, and distinct pan-European institutions and developments. Jens Scherpe’s tour de force is to pull all this together in the final remarkable volume. For a non-European like me, it is fascinating to read about harmonisation and diversity, privacy and rights, pluralism and protection. This is a truly wonderful achievement.’ -- Bill Atkin, Victoria University of Wellington, New Zealand‘This collection is remarkable for its organisation and presentation of a mass of complex material (including recommendations for further reading) which will not only inform, but stimulate those interested in the development of family law in a multi-national context. It must form an essential part of any library covering modern family law. In providing this, the editor and the team of contributors have done a great service. The frameworks (the EU, the Council of Europe) are complicated and in some respects unique and generate their own problems, and attempts to solve them. Questions about their nature and future, including the place of European family law in the global community, lurk in the shadows.’ -- The International Journal of Law, Policy and the FamilyTable of ContentsContents: European Family Law – Introduction to the Book Set Jens M. Scherpe Introduction to European Family Law Volume II: The Changing Concept of ‘Family’ and Challenges for Domestic Family Law Jens M. Scherpe 1. The Changing Concept of ‘Family’ and Challenges for Family Law in the Benelux Countries Frederik Swennen 2. The Changing Concept of ‘Family’ and Challenges for Family Law in England and Wales Gillian Douglas 3. The Changing Concept of ‘Family’ and Challenges for Family Law in France Laurence Francoz Terminal 4. The Changing Concept of ‘Family’ and Challenges for Family Law in Germany Dieter Martiny 5. The Changing Concept of ‘Family’ and Challenges for Family Law in Greece Eleni Zervogianni 6. The Changing Concept of ‘Family’ and Challenges for Family Law in Hungary Orsolya Szeibert 7. The Changing Concept of ‘Family’ and Challenges for Family Law in Ireland Brian Sloan 8. The Changing Concept of ‘Family’ and Challenges for Family Law in Italy Maria Giovanna Cubeddu Wiedemann 9. The Changing Concept of ‘Family’ and Challenges for Family Law in the Nordic Countries Tone Sverdrup 10. The Changing Concept of ‘Family’ and Challenges for Family Law in Russia Olga Khazova 11. The Changing Concept of ‘Family’ and Challenges for Family Law in Scotland Kenneth McK. Norrie 12. The Changing Concept of ‘Family’ and Challenges for Family Law in the Slovak Republic Gabriela Kubícková 13. The Changing Concept of ‘Family’ and Challenges for Family Law in Slovenia Barbara Novak 14. The Changing Concept of ‘Family’ and Challenges for Family Law in Spain and Catalonia Albert Lamarca Marquès 15. The Changing Concept of ‘Family’ and Challenges for Family Law in Switzerland Ingeborg Schwenzer and Tomie Keller 16. The Changing Concept of ‘Family’ and Challenges for Family Law in Turkey Esin Orücü Index

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Book SynopsisFamily Law in a European Perspective examines core aspects of family law from a comparative European perspective: marriage, divorce, cohabitation, same-sex relationships, the financial consequence of divorce, adoption, parentage and surrogacy, parental responsibility, the child's welfare, and law concerning older people. These topics have been the most debated in family law over the past century. They cover areas where national family laws have reacted, or will need to react, to the challenges of societal changes, medical advances and institutional pressures including decisions of the European Courts. The contributions show diversity in, as well as developments towards, a common European family law.This book, and the others in the set, will serve as an invaluable resource for anyone interested in family law. It will be of particular use to students and scholars of comparative and international family law, as well as family law practitioners.Contributors: M. Antokolskaia, P. Beaumont, I. Curry-Sumner, C. Fenton-Glynn, J. Ferrer-Riba, R. George, J. Herring, J. Miles, J.M. Scherpe, C. Sörgjerd, K. TrimmingsTrade Review'The four volumes that make up this monumental book project on European Family Law represent the insight and experience of many fine family law scholars. The volumes examine themes, individual countries, and distinct pan-European institutions and developments. Jens Scherpe's tour de force is to pull all this together in the final remarkable volume. For a non-European like me, it is fascinating to read about harmonisation and diversity, privacy and rights, pluralism and protection. This is a truly wonderful achievement.' --Bill Atkin, Victoria University of Wellington, New Zealand'This collection is remarkable for its organisation and presentation of a mass of complex material (including recommendations for further reading) which will not only inform, but stimulate those interested in the development of family law in a multi-national context. It must form an essential part of any library covering modern family law. In providing this, the editor and the team of contributors have done a great service. The frameworks (the EU, the Council of Europe) are complicated and in some respects unique and generate their own problems, and attempts to solve them. Questions about their nature and future, including the place of European family law in the global community, lurk in the shadows.' --The International Journal of Law, Policy and the FamilyTable of ContentsContents: European Family Law – Introduction to the Book Set Jens M. Scherpe Introduction to European Family Law Volume III: Family Law in a European Perspective Jens M. Scherpe 1. Marriage in a European Perspective Caroline Sörgjerd 2. Divorce Law in a European Perspective Masha Antokolskaia 3. Unmarried Cohabitation in a European Perspective Joanna Miles 4. Same-sex Relationships in a European Perspective Ian Curry-Sumner 5. The Financial Consequences of Divorce in a European Perspective Jens M. Scherpe 6. The Child’s Welfare in a European Perspective Rob George 7. Parentage and Surrogacy in a European Perspective Katarina Trimmings and Paul Beaumont 8. Parental Responsibility in a European Perspective Josep Ferrer-Riba 9. Adoption in a European Perspective Claire Fenton-Glynn 10. Family Law and Older People in a European Perspective Jonathan Herring Index

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Book SynopsisAs Britain's leading comparative Family Law scholar, Jens Scherpe demonstrates his considerable knowledge and expertise in this, the final book, in the series on European Family Law. Drawing on the three earlier works in the series (of which he is the editor) Scherpe starts by convincingly arguing that there is such a thing as European Family Law and then examines the concept from different perspectives, namely, institutional and organic, and horizontal, vertical and individual European Family Law. He ends by speculating about future developments. Written in an easy-to-read yet not unchallenging style The Present and Future of European Family Law is a 'must read' for all those interested in Family Law particularly as the subject can no longer be sensibly studied purely from a domestic angle.'- N.V. Lowe, Cardiff University, UKThe Present and Future of European Family Law explores the essence of European family law - and what its future may be. It compares and analyzes existing laws and court decisions, identifies trends in legislation and jurisprudence, and also forecasts (and in some cases proposes) future developments. It establishes that while there is, at present, no comprehensive European family law, elements of an 'institutional European family law' have been created through decisions by the European Court on Human Rights and by the Court of Justice of the European Union as well as other EU instruments. At the same time an 'organic European family law' is beginning to emerge. The laws in many European jurisdictions have developed similarly and have 'grown together', not only as a result of the aforementioned institutional pressures, but also as a result of societal developments, and comparable reactions to medical and societal advances and changes. Hence there already is a body of institutional and organic European family law, and it will continue to grow.This book, and the others in the set, will serve as an invaluable resource for anyone interested in family law. It will be of particular use to students and scholars of comparative and international family law, as well as family law practitioners.Trade Review‘The four volumes that make up this monumental book project on European Family Law represent the insight and experience of many fine family law scholars. The volumes examine themes, individual countries, and distinct pan-European institutions and developments. Jens Scherpe’s tour de force is to pull all this together in the final remarkable volume. For a non-European like me, it is fascinating to read about harmonisation and diversity, privacy and rights, pluralism and protection. This is a truly wonderful achievement.’ -- Bill Atkin, Victoria University of Wellington, New Zealand‘As Britain’s leading comparative Family Law scholar, Jens Scherpe demonstrates his considerable knowledge and expertise in this, the final book, in the series on European Family Law. Drawing on the three earlier works in the series (of which he is the editor) Scherpe starts by convincingly arguing that there is such a thing as European Family Law and then examines the concept from different perspectives, namely, institutional and organic, and horizontal, vertical and individual European Family Law. He ends by speculating about future developments. Written in an easy-to-read yet not unchallenging style The Present and Future of European Family Law is a “must read” for all those interested in Family Law particularly as the subject can no longer be sensibly studied purely from a domestic angle.’ -- N.V. Lowe, Cardiff University, UKTable of ContentsContents: 1. Introduction – Is there a European Family Law? 2. Institutional European Family Law 3. Organic European Family Law 4. The Future of European Family Law? Bibliography Index

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Book SynopsisWith a focus on the 1980 Hague Convention, this cutting-edge Research Handbook provides a holistic overview of the law on international child abduction from prevention, through voluntary agreements and Convention proceedings, to post-return and aftercare issues.Discussing the repercussions of abduction from the perspectives of both abducted children and the therapeutic and family justice professionals engaged in their cases, chapters consider the contributions of the many professionals and key agencies involved in the field. Identifying the 1980 Hague Convention as the principal global instrument for dealing with child abduction, the Research Handbook traces its role, history, development and impact, alongside the mechanisms required for its effective use. Evaluating current trends, areas of concern in legal/judicial practice and various regional initiatives, it also considers alternatives to high-conflict court proceedings in international child abduction cases. The Convention’s strengths, successes, weaknesses and gaps are discussed, and the Research Handbook concludes by addressing how best to tackle the challenges in its future operation.Interdisciplinary and accessible in approach, the contributions from renowned subject specialists will prove useful to students and scholars of human rights and family law, international law and the intersections between law and gender studies, politics and sociology. Its combination of research, policy and practice will be of value to legal practitioners working in family law alongside NGOs and central authorities active in the field.Trade Review‘This Research Handbook provides a broad and timely overview of international child abduction law in both Convention and non-Convention countries, authored by an all-star cast of experts drawn from practice and academia. In addition to serving as a useful and important reference, this Handbook will help to shape the agenda for new work ahead.’ -- Ann Laquer Estin, University of Iowa, US‘This outstanding book is a timely collection of twenty-two chapters that represent the current thinking of global specialists on international child abduction and the 1980 Hague Convention. With personal insights and experiences with international child abduction, this commendable Research Handbook offers diverse perspectives in addressing the core question of how to respect and fulfil children’s rights to protection and participation in high conflict cross-border family matters. It is a must-read for all professionals interested in state-of-the-art insights into international child abductions and ways towards the future-proof operation of the 1980 Hague Convention.’ -- Mariëlle Bruning, Leiden University, the Netherlands‘Marilyn Freeman and Nicola Taylor make an invaluable contribution to the impact of international child abduction and the implementation and operationalization of the 1980 Hague Convention. They have gathered together the top experts in the field in an insightful, useful and comprehensive manner. The publication is thought provoking, practical, as well as academic, and an invaluable tool for the practitioner and experts.’ -- Zenobia Du Toit, Miller du Toit Cloete Inc, South Africa'I fully recommend this book, written by an impressive list of international experts in the theory and practice of every aspect of international child abduction. Professors Freeman and Taylor are pioneers in the field and this Research Handbook is an excellent instrument for the academic reader and the practitioner of law alike.' -- Karolina-Zoi Andriakopoulou, Family Lawyer, GreeceTable of ContentsContents: Foreword xvii Acknowledgements xix Spelling, reference or style conventions xx List of abbreviations xxi PART I INTRODUCTION AND KEY THEMES 1 Introduction and key themes 2 Nicola Taylor and Marilyn Freeman PART II THE IMPACTS OF INTERNATIONAL CHILD ABDUCTION 2 Long-term reflections of a former milk carton kid 19 Sarah Cecilie Finkelstein Waters 3 Ghosts in our genes: Psychological issues in child abduction and high conflict cases 30 Sarah Calvert PART III THE 1980 HAGUE CONVENTION – HISTORY AND LONGITUDINAL TRENDS 4 The global effort to deter parental kidnapping: A history of the Hague Child Abduction Convention 47 Linda Elrod 5 The value and challenges of statistical studies looking at the operation of the 1980 Hague Convention on the Civil Aspects of International Child Abduction 63 Nigel Lowe and Victoria Stephens PART IV THE 1980 HAGUE CONVENTION – IMPLEMENTATION AND OPERATIONALISATION 6 The role of the Permanent Bureau in the operation of the HCCH 1980 Child Abduction Convention 80 Gérardine Goh Escolar 7 Fleeing for safety: Helping battered mothers and their children using Article 13(1)(b) 97 Jeffrey Edleson, Sudha Shetty and Mary Fata 8 Child participation and the child objection exception 116 Rhona Schuz 9 Judicial activism: A 20-year evolution 132 Sir Mathew Thorpe PART V INTERNATIONAL CHILD ABDUCTION IN SELECTED GEOGRAPHICAL REGIONS 10 The European Court of Human Rights 150 Thalia Kruger and Sara Lembrechts 11 The Court of Justice of the European Union and international abduction of children 164 Costanza Honorati 12 International child abduction in Aotearoa New Zealand, Australia and the Pacific: Similarities and differences 180 Mark Henaghan, Christian Poland and Clement Kong 13 The 1980 Convention comes of age in the United States 192 Stephen Cullen and Kelly Powers 14 International child abduction in Asia 201 Yuko Nishitani 15 International child abduction in Africa 219 Julia Sloth-Nielsen 16 The Caribbean and international child abduction – this is my child: catch me if you can! 233 Diahann Gordon Harrison PART VI NON-HAGUE CONVENTION COUNTRIES 17 International child abduction and non-Hague Convention countries 245 Jeremy Morley 18 International child abduction in India 265 Anil Malhotra and Ranjit Malhotra PART VII KEY PERSPECTIVES ON INTERNATIONAL CHILD ABDUCTION AND HAGUE CONVENTION PROCEEDINGS 19 The CRC perspective in the context of international child abduction and the 1980 Hague Convention 280 Ann Skelton 20 The continuing challenge of the 1980 Hague Convention – a judicial perspective 299 The Honourable Mr Justice Alistair MacDonald 21 Legal perspective: Remedying international child abduction – the impact of international developments upon the English legal approach 314 Henry Setright KC and Michael Gration KC 22 International child abduction from the perspective of a Central Authority under the 1980 Hague Convention 332 Joëlle Schickel-Küng and Anna Claudia Alfieri 23 NGO/support services perspective: The importance of an independent specialist centre on international family conflicts 346 Suzanne Labadie 24 Cross-border family mediation in parental child abduction cases 368 Ischtar Khalaf-Newsome PART VIII REFLECTIONS AND FUTURE DIRECTIONS 25 Whither the 1980 Hague Abduction Convention? 388 Nigel Lowe KC (Hon) 26 Nurturing the 1980 Hague Abduction Convention 404 Marilyn Freeman and Nicola Taylor 430 Index

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Book SynopsisBringing together current research from a diverse range of jurisdictions on family law, the Research Handbook on Family Justice Systems addresses the aims and boundaries of family justice systems. Delineating the common purpose of family law to achieve fairness for groups of people who live or have lived together, this Handbook is concerned with the rules referred to as ‘family law’, but also with the institutions comprising the operating system.This Handbook presents the view that a Family Justice System (FJS) is a living entity, working with and for a wide range of beliefs and practices, comprising far more than a set of rules and regulations, which can respond to a changing society, while also contributing to that change. Looking specifically at the FJS as an important and evolving element in the organisation of a society, with which sociologists, as well as lawyers and family sociologists are concerned, it explores how an FJS works in practice, what it tries to do and why. With contributions from the US, UK, Germany, Netherlands, Switzerland, France, Poland, Japan and China, this Research Handbook is an internationally relevant and comprehensive work. The Research Handbook on Family Justice Systems examines FJS in practice, making it highly pertinent to researchers, academics, practitioners, government lawyers, policymakers and government administrators in the fields of sociology and law with a special interest in family law and the FJS.Trade Review‘This magnificent compendium of information about family justice is no mere survey of legal provisions. Its 25 chapters by leading scholars and researchers delve into the subject from every possible perspective, exploring, among other things, conceptual and cultural issues, the interaction between legal and social welfare structures and processes and, above all, the evidence of empirical studies. This is set within a broad international context allowing wide inter-country comparisons, and an engagement with policy going beyond critique to positive guidance for future development. Truly a treasure trove.’ -- John Eekelaar, FBATable of ContentsContents: Introduction to the Research Handbook on Family Justice Systems xi Mavis Maclean and Rachel Treloar PART I FAMILY COURTS: ROLES AND BOUNDARIES 1 Australia’s family law system: a user-centred perspective 2 Rae Kaspiew 2 Access to the Danish family justice system viewed from a user perspective 20 Christina Jeppesen de Boer and Annette Kronborg 3 Is access to justice a platitude or a reality for Canadian self-represented litigants in family court? 32 Hannah Thackeray and Julie Macfarlane 4 Family law, family courts and public opinion in Poland 48 Małgorzata Fuszara and Jacek Kurczewski 5 International child abduction 64 Nicola Taylor and Marilyn Freeman PART II NEW WAYS OF WORKING 6 Coping with the changing regimes of couples and families: the French family justice system 85 Benoit Bastard 7 The inclusion of mediation in the family justice system of Argentina: an empirical study of law, courts and actors 97 Julieta Marotta 8 Achieving compliance with post-divorce parenting contact arrangements in the Netherlands: problems and potential solutions 112 Masha Antokolskaia, Christina Jeppesen de Boer, Geeske Ruitenberg, Wendy Schrama and Inge van der Valk 9 The rights of persons with dementia and their family caregivers 129 Kayo Murayama PART III PUBLIC AND PRIVATE FAMILY JUSTICE 10 Reforming the approach of the family courts in child arrangements cases involving allegations of domestic abuse 139 Mandy Burton and Rosemary Hunter 11 The voice of the child in family law proceedings in Ireland: the challenges of achieving first-world principles within a third-world infrastructure 155 Stephanie Holt, Simone McCaughren and Aisling Parkes 12 Post-separation financial abuse, the money taboo and the family justice system: perspectives from Aotearoa New Zealand 176 Ayesha Scott 13 Parental webs: multiple and disaggregated family forms in Israel 195 Pamela Laufer-Ukeles PART IV THE IMPACT OF SYSTEMS OF BELIEF ON FAMILY JUSTICE 14 Conflicting values: family justice in Turkey between ‘modern’ and ‘traditional’ 214 Verda Irtis 15 Paths to (in)justice? The interplay between Sharīʿah tribunals and public policy 229 Federica Sona 16 Are women in polygamous customary marriages entitled to constitutional protection in the Southern African development community? 250 Sonya Cotton 17 Relational negotiations of an ethic of justice and an ethic of care: Pacific mothers’ and fathers’ moral reasoning over children’s post-separation care arrangements 272 Moeata Keil and Vivienne Elizabeth 18 The family investigation system: a legislative exploration and practical questions 286 Lei Shi, Di Yuan and Yun Zhang PART V ISSUES EMERGING 19 Federalism, terminology, geography and systematic failure: the Australian family justice ‘system’ 302 Richard Ingleby and Belinda Fehlberg 20 The move to private ordering in divorce, gender and the role of family lawyers in Switzerland 318 Michelle Cottier, Eric D Widmer, Gaëlle Aeby and Bindu Sahdeva 21 American family courts and the triple system of family law adjudication 332 June Carbone 22 Changing regulatory frameworks: piercing anonymity and early access to gamete donors 349 Rosanna Hertz PART VI PROGRESS? 23 Amicable solutions as the norm in German family court proceedings after separation and divorce 367 Thomas Meysen 24 Delivering the art of the possible: an insight into the role of government lawyers in facilitating the recognition of same-sex relationships in the United Kingdom 380 Oliver Gilman 25 What are family courts for? Lessons from a pandemic 401 Rob George Index

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Book SynopsisThe Family Court without a Lawyer is the book you need if you have to go to court to sort out issues over separation, money or children and do not have a lawyer to represent you. Since publication of the 1st edition in 2011 this book has helped tens of thousands of people better handle the stresses of going to court about disputes around money and children. The 4th edition - due for publication in June 2022 - is being fully updated to reflect the new no-fault divorce laws coming into operation on 6th April 2022, important new law and guidance relating to domestic abuse, plus the many other changes in practice since the 3rd edition. Lucy Reed is a barrister specialising in family law, and a legal writer. She has distilled the knowledge and expertise gained from representing clients in court over two decades to write the essential guide to the Family Court for the non-lawyer. In clear language she provides a thorough guide to the law that you will need to know, plus countless tips and insights on how you should best prepare and present your case such as: what to expect and where to go when you turn up at the court what to think about when deciding to question a witness how to challenge a judge's decision through an appeal clear explanations of legal terms, jargon and concepts All this practical advice and support makes The Family Court without a Lawyer much more than just a DIY divorce book. It is a practical tool to help you in court and a reference to help you understand what happens in the Family Court, whether or not you have a lawyer. The Family Court without a Lawyer is also useful if you are supporting someone through the court process, if you have a lawyer but want to gain a better understanding of what is going on in your case, or if you are considering what your options are before going to court.

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Book SynopsisThis authoritative Commentary on the recast Regulation 2019/1111 on matters of matrimonial and parental responsibility presents a deep analysis of the Regulation and is authored by leading experts in family law and private international law.Employing a granular, article-by-article approach, the Commentary acts as a detailed reference point on the uniform jurisdiction rules for divorce, legal separation and marriage annulment, as well as for disputes over parental responsibility with an international element, including child abduction. It provides clear guidance on and interpretation of the jurisdictional rules on collaboration of authorities and on the recognition and execution of judicial verdicts.Key Features: Provides comprehensive article-by-article analysis Written by leading experts Explains the mechanics of Regulation 2019/1111 to practitioners and legal scholars alike Includes expansive reference to case-law and legal writings, and explains the relation with other EU regulations This meticulous and ambitious Commentary will be an indispensable companion for those involved in and practising family law, particularly in cases with a cross-border element, including judges, lawyers and child protection authorities. It will additionally be valuable for scholars of European family law and private international law. Table of ContentsContents: General introduction 1 Cristina González Beilfuss and Thalia Kruger INTRODUCTION TO CHAPTER I SCOPE AND DEFINITIONS Cristina González Beilfuss 1 Scope 10 Cristina González Beilfuss 2 Definitions 28 Cristina González Beilfuss INTRODUCTION TO CHAPTER II ‘JURISDICTION IN MATRIMONIAL MATTERS AND IN MATTERS OF PARENTAL RESPONSIBILITY’ Laura Carpaneto and Mirela Župan 3 General jurisdiction 59 Mirela Župan 4 Counterclaim 75 Mirela Župan 5 Conversion of legal separation to divorce 79 Mirela Župan 6 Residual jurisdiction 82 Mirela Župan 7 General jurisdiction 89 Cristina González Beilfuss 8 Continuing jurisdiction in relation to access rights 101 Cristina González Beilfuss 9 Jurisdiction in cases of the wrongful removal or retention of a child 106 Thalia Kruger 10 Choice of court 114 Cristina González Beilfuss 11 Jurisdiction based on the presence of the child 126 Laura Carpaneto 12 Transfer of jurisdiction to a court of another Member State 136 Mirela Župan 13 Request for transfer of jurisdiction by a court of a Member State not having jurisdiction 152 Mirela Župan 14 Residual jurisdiction 156 Cristina González Beilfuss 15 Provisional, including protective, measures in urgent cases 162 Ilaria Pretelli 16 Incidental question 177 Cristina González Beilfuss 17 Seising of a court 183 Mirela Župan 18 Examination as to jurisdiction 193 Mirela Župan 19 Examination as to admissibility 200 Mirela Župan 20 Lis pendens and dependent actions 207 Mirela Župan 21 Right of the child to express his or her views 221 Laura Carpaneto INTRODUCTION TO CHAPTER III ‘INTERNATIONAL CHILD ABDUCTION’ Thalia Kruger 22 Return of the child under the 1980 Hague Convention 246 Thalia Kruger 23 Receipt and processing of applications by Central Authorities 248 Thalia Kruger 24 Expeditious court proceedings 251 Thalia Kruger 25 Alternative dispute resolution 257 Thalia Kruger 26 Right of the child to express his or her views in return proceedings 268 Laura Carpaneto 27 Procedure for the return of a child 275 Thalia Kruger 28 Enforcement of decisions ordering the return of a child 288 Thalia Kruger 29 Procedure following a refusal to return the child under point (b) of Article 13(1) and Article 13(2) of the 1980 Hague Convention 292 Thalia Kruger INTRODUCTION TO CHAPTER IV ‘RECOGNITION AND ENFORCEMENT’ Ilaria Pretelli 30 Recognition of a decision 317 Ilaria Pretelli 31 Documents to be produced for recognition 331 Ilaria Pretelli 32 Absence of documents 337 Ilaria Pretelli 33 Stay of proceedings 340 Ilaria Pretelli 34 Enforceable decisions 342 Ilaria Pretelli 35 Documents to be produced for enforcement 347 Ilaria Pretelli 36 Issuance of the certificate 352 Ilaria Pretelli 37 Rectification of the certificate 355 Ilaria Pretelli 38 Grounds for refusal of recognition of decisions in matrimonial matters 358 Ilaria Pretelli 39 Grounds for refusal of recognition of decisions in matters of parental responsibility 384 Ilaria Pretelli 40 Procedure for refusal of recognition 402 Ilaria Pretelli 41 Grounds for refusal of enforcement of decisions in matters of parental responsibility 404 Ilaria Pretelli 42 Scope 406 Thalia Kruger 43 Recognition 410 Thalia Kruger 44 Stay of proceedings 413 Thalia Kruger 45 Enforceable decisions 416 Thalia Kruger 46 Documents to be produced for enforcement 421 Thalia Kruger 47 Issuance of the certificate 425 Thalia Kruger 48 Rectification and withdrawal of the certificate 431 Thalia Kruger 49 Certificate on lack or limitation of enforceability 434 Thalia Kruger 50 Irreconcilable decisions 437 Thalia Kruger 51 Enforcement procedure 440 Cristina González Beilfuss 52 Authorities competent for enforcement 447 Cristina González Beilfuss 53 Partial enforcement 448 Cristina González Beilfuss 54 Arrangements for the exercise of rights of access 451 Cristina González Beilfuss 55 Service of certificate and decision 456 Cristina González Beilfuss 56 Suspension and refusal 462 Cristina González Beilfuss 57 Grounds for suspension or refusal of enforcement under national law 469 Cristina González Beilfuss 58 Jurisdiction of authorities or courts competent for refusal of enforcement 472 Cristina González Beilfuss 59 Application for refusal of enforcement 474 Cristina González Beilfuss 60 Expeditious procedures 477 Cristina González Beilfuss 61 Challenge or appeal 479 Cristina González Beilfuss 62 Further challenge or appeal 481 Cristina González Beilfuss 63 Stay of proceedings 482 Cristina González Beilfuss 64 Scope 485 Cristina González Beilfuss 65 Recognition of authentic instruments and agreements 489 Cristina González Beilfuss 66 Certificate 492 Cristina González Beilfuss 67 Rectification and withdrawal of the certificate 495 Cristina González Beilfuss 68 Grounds for refusal of recognition or enforcement 497 Cristina González Beilfuss 69 Prohibition of review of jurisdiction of the court of origin 501 Mirela Župan 70 Differences in applicable law 506 Laura Carpaneto 71 Non-review as to substance 511 Ilaria Pretelli 72 Appeal in certain Member States 514 Ilaria Pretelli 73 Costs 516 Ilaria Pretelli 74 Legal aid 518 Ilaria Pretelli 75 Security, bond or deposit 522 Ilaria Pretelli 76 Designation of Central Authorities 525 Mirela Župan INTRODUCTION TO CHAPTER V ‘COOPERATION IN MATTERS OF PARENTAL RESPONSIBILITY’ Mirela Župan 77 General tasks of Central Authorities 540 Mirela Župan 78 Requests through Central Authorities 547 Mirela Župan 79 Specific tasks of requested Central Authorities 553 Mirela Župan 80 Cooperation on collecting and exchanging information relevant in procedures in matters of parental responsibility 562 Mirela Župan 81 Implementation of decisions in matters of parental responsibility in another Member State 568 Mirela Župan 82 Placement of a child in another Member State 571 Laura Carpaneto 83 Costs of Central Authorities 589 Laura Carpaneto 84 Meetings of Central Authorities 593 Laura Carpaneto INTRODUCTION TO CHAPTER VI ‘GENERAL PROVISIONS’ Laura Carpaneto and Mirela Župan 85 Scope 602 Mirela Župan 86 Cooperation and communication between courts 603 Mirela Župan 87 Collection and transmission of information 612 Mirela Župan 88 Notification of the data subject 619 Mirela Župan 89 Non-disclosure of information 625 Mirela Župan 90 Legislation or other similar formality 629 Thalia Kruger 91 Languages 633 Ilaria Pretelli INTRODUCTION TO CHAPTER VII ‘DELEGATED ACTS’ Laura Carpaneto 92 Amendments to the Annexes 643 Laura Carpaneto 93 Exercise of the delegation 646 Laura Carpaneto INTRODUCTION TO CHAPTER VIII ‘RELATIONS WITH OTHER INSTRUMENTS’ Laura Carpaneto650 94 Relations with other instruments 655 Laura Carpaneto 95 Relations with certain multilateral conventions 663 Laura Carpaneto 96 Relation with the 1980 Hague Convention 667 Laura Carpaneto 97 Scope of effect 671 Relation with the Hague Convention 98 Scope of effect 684 Laura Carpaneto 99 Treaties with the Holy See 687 Laura Carpaneto INTRODUCTION TO CHAPTER IX ‘FINAL PROVISIONS’ Cristina González Beilfuss 100 Transitional provisions 693 Thalia Kruger 101 Monitoring and evaluation 696 Ilaria Pretelli 102 Member States with two or more legal systems 700 Ilaria Pretelli 103 Scope 702 Thalia Kruger 104 Repeal 708 Thalia Kruger 105 Entry into force 710 Thalia Kruger

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Book SynopsisThis book addresses the pluralisation of family forms as an expression of the transformation of society and its normative foundations. Against a legal background, the development of diverse family concepts and practices is examined and the (severed) links between sexuality, gender and reproduction are explored.

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Book SynopsisThis book examines in detail the status of children in the EU. Drawing on a range of disciplinary perspectives, including the sociology of childhood and human rights discourse, it offers a critical analysis of the legal and policy framework underpinning EU children's rights across a range of areas, including family law, education, immigration and child protection. Traditionally children's rights at this level have been articulated primarily in the context of the free movement of persons provisions, inevitably restricting entitlement to migrant children of EU nationality. In the past decade, however, innovative interpretations of EU law by the Court of Justice, coupled with important constitutional developments, have prompted the development of a much more robust children's rights agenda. This culminated in the incorporation of a more explicit reference to children's rights in the Lisbon Treaty, followed by the Commission's launch, in February 2011, of a dedicated EU 'Agenda' to promote and safeguard the rights of the child. The analysis presented in this book therefore comes at a pivotal point in the history of EU children's rights, providing a detailed and critical overview of a range of substantive areas, and making an important contribution to international children's rights studies.Trade Review... a timely and valuable contribution to understanding this area of law, examining the current status of children in EU law, and the potential scope for future developments. This book will be particularly useful for researchers in the field of children's rights, and researchers and practitioners in any of the legal fields examined in detail by the author, including family law, migration and child protection. It also provides a useful reflection on the increasing scope of activities of the EU and will be a reference point for researchers into European law more generally. It draws attention to the role of a new actor in the field of children's rights and a developing area of policy debate across the EU, demonstrating a combination of understanding of the EU, and the protection and empowerment of children. It makes a distinctive contribution to the understanding of European law, and of children's rights, which will stimulate the ongoing debate over the effective protection of children's rights in other contexts beyond the EU. -- Ruth Lamont * Child and Family Law Quarterly, Volume 25(1) *Table of ContentsIntroduction: Children and the European Union 1. The Value and Scope of EU Action in Relation to Children Introduction Is There a Need for EU Action in the Field of Children's Rights? The Added Value of EU Action in Relation to Children's Rights The Strategic Importance of Investing in Children's Rights at EU Level Valuing and Facilitating Children's Present Contribution to the EU Does the EU have the Capacity to Regulate Children's Rights? The EU's Institutional Capacity to Drive Children's Rights Forward The Importance of a Reliable Evidence Base Key Dynamics Shaping the Development of Children's Rights at EU Level Defining the Boundaries between EU Action and Domestic Action in the Field of Children's Rights Defining 'Child' under EU Law 'Child' as an Age-Based Construct under EU Law 'Child' as a Biological Construct under EU Law 'Child' as a Dependency-Based Construct under EU Law Conclusion 2. The Ideology of EU Children's Rights Introduction Defining a Rights-Based Approach to Regulating Children's Lives The Legal Currency of Fundamental Rights at EU Level Sources of Children's Rights at EU Level The UNCRC as an EU Children's Rights Tool The Legal Status of the UNCRC at EU Level The ECHR as a Children's Rights Tool Children's Rights and the Charter of Fundamental Rights of the European Union The EU's Capacity to Advance Children's Rights: A Question of Competence Additional Conceptual Frameworks for Pursuing Children's Rights at EU Level EU Citizenship as a Children's Rights Mechanism Non-Discrimination as a Normative Framework for Pursuing Children's Rights Using EU Non-Discrimination Law to Protect Children's Rights Social Inclusion as a Framework for Protecting Children's Rights Conclusion 3. Children, Family Life and EU Migration Law Introduction Adopting a Rights-Based Approach to Migrant Children's Family Life The Nature and Scope of Children's Family Rights under EU Migration Law Conceptualisations of 'Child' and 'Family' under EU Migration Law The Family Rights of Third Country Nationals under EU Law Restrictions on Children's Rights under Immigration Law The Importance of 'Dependency' in Determining Migrant Children's Family Rights Extricating Children's Family Rights from the Economic/ Self-Sufficiency Nexus? The Nature and Scope of 'Separated' Children's Rights under EU Immigration Law The Importance of Detaching Children's Migration Status from that of their Family Situating Children within Migration Research Conclusion 4. Children's Rights under EU Family Law: Custody, Access and Parental Child Abduction Introduction The Scope of and Reasons for EU Family Law The Position of Children in the Divorcing Family: Sociological Perspectives The Evolution of EU Family Law Regulating Divorce and Parental Responsibility The Nature and Scope of Children's Rights Provision under the Brussels IIbis Regulation EU Family Law and the Best Interests Principle The Content and Scope of the Best Interests Principle under Brussels IIbis The Growing Prominence of Best Interests in Child Abduction Cases? Reconciling Neulinger and Zarraga Brussels IIbis and the Voice of the Child Age and Capacity as a Barrier to Child Participation Divergence Between National Child Consultation Procedures Child Participation and the Six Week Deadline in Child Abduction Cases Conclusion 5. Maintenance, Mediation and the Future of EU Family Law Introduction Enforcing Child Maintenance Cross-Nationally EU Legal Framework Governing Cross-National Child Maintenance Towards Harmonisation of Family Law? The New Rules on Applicable Law Is the EU Maintenance Regulation Compatible with Children's Rights? Recovery of Child Maintenance under EU Free Movement Law EU Developments in the Field of Family Mediation Achieving Effective Cross-National Mediation EU Mediation Directive Mediation: Empowering Adults but Disempowering Children? Problems of Enforcing Mediated Agreements Relating to Children Is a Separate Legal Instrument Governing Cross-Border Mediation Necessary? Children, the Lisbon Treaty and the Future of EU Family Law Conclusion 6. Education, Children's Rights and the EU Introduction The Source and Scope of Children's 'Right' to Education The Nature and Scope of Children's Educational Rights under EU Education Law and Policy Upholding Children's Educational Rights as an Aspect of the EU's Social Agenda EU Education Policy and the Open Method of Co-ordination Promoting Children's Agency through EU Education Measures: Active Citizenship and Children's Personal Development Children's Educational Rights under EU Migration Law The Limitations of a Basic 'Equality of Access' Approach to Education Beyond a Basic Access: Rights for Migrant Children Upholding Educational Rights through the EU's Equality Framework Tackling Discrimination in Education on Grounds of Disability Tackling Discrimination in Education on Grounds of Ethnicity: Roma Conclusion 7. Child Protection and EU Law Introduction An Overview of the Legal and Policy Framework Underpinning EU Child Protection Measures EU Child Protection Legislation EU Efforts to Combat Child Trafficking Child Protection Law and the EU Internal Market EU Child Sexual Exploitation and Abuse Legislation The Development of an EU Child Protection Infrastructure Added Value or Empty Rhetoric? Assessing the Effectiveness of EU Action in the Field of Child Protection Is EU Child Protection Legislation Compatible with Children's Rights? Added Value of EU Intervention in International Child Protection The Enforceability of EU Child Protection Measures Adopting a Multi-Levelled, 'Roots and Branches' Approach to Child Protection Importance of Cross-Departmental and Cross-Institutional Collaboration in Child Protection Enhancing the Knowledge Base The Future of EU Child Protection Conclusion 8. Children's Rights and EU Enlargement Introduction Membership 'Conditionality' as a Mechanism for Promoting Children's Rights Children's Rights and the Political Criteria: Using Human Rights 'Conditionality' to Enhance Children's Rights The Importance of Context in Applying EU's Human Rights Conditionality The Selective Nature of EU Human Rights Conditionality Children's Rights and the Economic Criteria Children's Rights and the Legal Criteria Complementing EU Conditionality with Action 'On the Ground' Upholding Children's Rights Post-Accession Acceding to What? Scrutinising the Quality of the EU Children's Rights Measures to which Accession States are Expected to Conform The Mixed Blessing of Enhanced Mobility Rights Following EU Accession Sustaining Children's Rights Protection in the Post Accession Environment Ask Not What the EU Can Do for Children's Rights in the Accession States, But What the Accession States Can Do for Children's Rights in the EU Conclusion Conclusion: The Future of Children's Rights in the European Union The EU's Flawed Conceptualisation of Children's Rights: From Subversion to Insertion to Perversion The Hegemony of the Child Protection Agenda at EU Level More Than Just a Website: Children's Participation in the EU Square Pegs and Round Holes?: Expectations of the EU's Role in Relation to Children's Rights The EU as Regulator, Co-ordinator and Supporter Institutional, Procedural and Political Blockages Achieving Better Accountability—For What and to Whom?

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Book SynopsisWhen a person is subject to the Mental Health Act, many of his or her principal rights are taken away. It is the function of the nearest relative to compensate for that loss. This fully updated second edition explains how the nearest relative is identified, and how in some cases he or she might be displaced. It also contains a wealth of new case examples and illustrative scenarios, providing a succinct discussion of each significant case and incorporating all the very latest changes to the Mental Health Act. The Nearest Relative Handbook will be an invaluable aid to those who find themselves in a professional relationship with a nearest relative, to those who are or wish to be a nearest relative and to anyone needing to make sense of the relevant statutory provisions.Trade ReviewPraise for the first edition:'An excellent, comprehensive and thoughtful guide to the rights, powers, and duties of nearest relatives under the Mental Health Act. This is the definitive work on the subject.' -- Phil Fennell, Professor of Law, Cardiff Law SchoolThis intelligent and comprehensive analysis is a welcome addition to the currently scant literature in this area. -- Journal of Mental Health LawThere can hardly be a professional concerned with MeHA 1983 and its practical application in daily practice who will not benefit from having this book to hand... -- New Law JournalHewitt looks first at the development of the role of nearest relative, where it is now, the problems it presents and how these are likely to be resolved…The rules are comprehensively worked through and the examples clear. -- Tony Eaton, Solicitor, Brent Community Law CentreTable of ContentsList of Abbreviations Used in this Book. Introduction. 1. The Recent History of the Nearest Relative. 2. The Nearest Relative of an Adult. 3. The Nearest Relative of some Minors. 4. Ceasing to be the Nearest Relative. 5. Admission and the Nearest Relative. 6. Discharge and the Nearest Relative. Appendix One. Statutory Extracts. Appendix Two. Regulations. Appendix Three. Specimen Document. Appendix Four. List of Legal Cases Cited. References. Subject index. Author index.

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Book SynopsisThe delinquent payment of child support by non-custodial to custodial parents is a major problem throughout the United States. To many observers, the problem is one of 'deadbeat dads' - men who simply will not make the required payments. The solution has been to enforce payment by the imposition of increasingly stringent civil and criminal penalties. Despite these efforts, the percentage of single mothers receiving child support has changed very little over the past twenty-five years. The Law and Economics of Child Support Payments investigates why this is, and approaches the payment of child support as an economic problem.To understand the issues involved, leading lawyers and economists examine various facets of the child support system from a law and economics perspective. They consider the incentives faced by both custodial and non-custodial parents, and search for policy actions that are more incentive-compatible for all participants. The assumptions underlying current child support guidelines are discussed, as are the ways in which child support payments affect family structure, teenage delinquency and income disparities between parents.This comprehensive, provocative volume will be of considerable interest to policymakers, lawyers and parent advocacy groups, as well as to students of this timely issue.Trade Review'Bill Comanor has published a fascinating collection of 10 essays on child support payment in the US.' -- European Journal of Law and Economics'. . . the book raises interesting and important questions that need to be dealt with.' -- Barbara R. Bergmann, Feminist Economics'This urgently needed, groundbreaking book provides solid data that coincides with the real life stories I have been hearing for years from men and women nationwide regarding unfair child support laws and policies that have resulted in adverse effects on their children and families. I anticipate that this book will have a major positive impact on social policy and the general collective attitudes toward families in today's society. The information presented in this book must be read and understood by every policymaker to insure that child support policies are made just and fair so that all families can prosper.' -- Dianna Thompson, National Family Justice Association, USTable of ContentsContents: Preface 1. Child Support Payments: A Review of Current Policies 2. Child Support and the Problem of Economic Incentives 3. Child Support Guidelines: Underlying Methodologies, Assumptions, and the Impact on Standards of Living 4. Child Support Guidelines and Equal Living Standards 5. Child Support Policy and the Unintended Consequences of Good Intentions 6. Hopelessly Defective: An Examination of the Assumptions Underlying Current Child Support Guidelines 7. Should Visitation Denial Affect the Obligation to Pay Support? 8. Parental Bonding and the Design of Child Support Obligations 9. Teenage Delinquency: The Role of Child Support Payments and Father’s Visitation 10. Family Structure and Child Support: What Matters for Youth Delinquency Rates? Index

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Book SynopsisTopical and compelling, this volume provides an excellent re-evaluation of the ‘best interests’ test in the healthcare arena; the ways in which it has developed, the inherent difficulties in its use and its interpretation in legal cases concerning the medical care of children.Comprehensively covering both the English and Scottish position within the context of the European Convention of human Rights and the UN Convention on the Rights of the Child, the author examines a wide range of healthcare situations, from the commonly occurring to the unusual, offering a detailed analysis of legislation, case law, cases and their implications.It includes discussions on: the extent to which a child’s body can be examined, operated on and affected by medicines, devices or procedures intended to bring about medical change the appropriate scope of parental choice and authority and at what stage of their development children should be allowed to make their own decisions the response to situations where the interests of children may be in conflict – the cases of conjoined twins or the donation of organs to siblings. This work is a key resource for postgraduates and researchers working and studying in the fields of law, healthcare and medicine. Table of Contents1. Introduction 2. Standards in Decision Making Concerning Children 3. Best Interests and Consent 4. Best Interests and Refusal 5. Best Interests between Children 6. Best Interests and Withholding/Withdrawing Treatment 7. Best Interests and Medical Research 8. Conclusions

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Book SynopsisEconomists have studied numerous fields of law for many years, but family law was virtually neglected until the early 1970s. It was only relatively recently that economic insights about the family crept into the consciousness of those involved in legal research.The articles within this book explore a range of family law issues and include discussions on a variety of topics including cohabitation, births outside marriage, courtship, premarital contracting, marriage and parenting. The volume includes papers on the division of responsibilities between family and state, the effects of no-fault divorce, alimony, property division and child custody. There are also works on intergenerational transfers and the elderly.The collection contains articles written by leading authorities in the field and provides a stimulating exploration of the subject of family law and economics. The book will be accessible to a wide audience, including students of law and economics, as well as both academic and practising lawyers. The questions posed in this volume are worthy of consideration by the next generation of academics.Trade Review‘Economics of Family Law, edited by Margaret Brinig is an indispensable source of legal information on every aspect of unions, but it is particularly important for the point of divorce.' -- Darius Conger, 'Economics and the American Family: A Review of Recent Literature', ChoiceTable of ContentsContents: Volume I Acknowledgements Introduction Margaret F. Brinig PART I BEFORE MARRIAGE AND PARENTHOOD A Outside Family Institutions 1. George A. Akerlof, Janet L. Yellin and Michael L. Katz (1996), ‘An Analysis of Out-of-Wedlock Childbearing in the United Sates’ 2. Elisabeth M. Landes and Richard A. Posner (1978), ‘The Economics of the Baby Shortage’ 3. Margaret F. Brinig (1990), ‘Rings and Promises’ 4. Margaret F. Brinig and Steven L. Nock (2004), ‘Marry Me, Bill: Should Cohabitation be the (Legal) Default Option?’ 5. Stéphane Mechoulan (2006), ‘Divorce Laws and the Structure of the American Family’ B Choice of Spouse and Premarital Bargaining 6. Margaret F. Brinig and Michael V. Alexeev (1995), ‘Fraud in Courtship: Annulment and Divorce’ 7. Douglas W. Allen (1992), ‘What Does She See in Him? The Effect of Sharing on the Choice of Spouse’ 8. Amy L. Wax (1997), ‘Bargaining in the Shadow of the Market: Is There a Future for Egalitarian Marriage?’ PART II PARENTING AND BEING MARRIED A Family and State 9. Gary S. Becker and Kevin M. Murphy (1988), ‘The Family and The State’ 10. Elizabeth S. Scott and Robert E. Scott (1995), ‘Parents as Fiduciaries’ 11. Jennifer Roback Morse (1995), The Development of the Child, Prepared for the Liberty Fund Symposium: The Family, the Person and the State B The Family Firm 12. Steven L. Nock and Margaret F. Brinig (2002), ‘Weak Men and Disorderly Women: Divorce and the Division of Labor’ 13. Brian H. Bix (2001), ‘How to Plot Love on an Indifference Curve’ 14. Saul Levmore (1995), ‘Love It or Leave It: Property Rules, Liability Rules, and Exclusivity of Remedies in Partnership and Marriage’ C The Unhappy Family 15. Shelly Lundberg and Robert A. Pollak (1993), ‘Separate Spheres Bargaining and the Marriage Market’ 16. Allen M. Parkman (1998), ‘Why are Married Women Working So Hard?’ Name Index Volume II Acknowledgements An introduction by the editor to both volumes appears in Volume I PART I DIVORCE AND THE DIVORCE PROCESS A When and Why People Divorce 1. Gary S. Becker, Elisabeth M. Landes and Robert T. Michael (1977), ‘An Economic Analysis of Marital Instability’ 2. Lloyd Cohen (1987), ‘Marriage, Divorce and Quasi-Rents; Or “I Gave Him the Best Years of My Life”’ 3. H. Elizabeth Peters (1986), ‘Marriage and Divorce: Informational Constraints and Private Contracting’ 4. Douglas W. Allen (1992), ‘Marriage and Divorce: Comment’ 5. Leora Friedberg (1998), ‘Did Unilateral Divorce Raise Divorce Rates? Evidence From Panel Data’ B The Role of Law and the Divorce Process 6. Margaret F. Brinig and Douglas W. Allen (2000), ‘“These Boots are Made for Walking”: Why Most Divorce Filers Are Women’ 7. Yoram Weiss and Robert J. Willis (1993), ‘Transfers Among Divorced Couples: Evidence and Interpretation’ 8. Yoram Weiss and Robert J. Willis (1985), ‘Children as Collective Goods in Divorce Settlements’ 9. Allen M. Parkman (1995), ‘Human Capital as Property in Celebrity Divorces’ 10. Elisabeth M. Landes (1978), ‘Economics of Alimony’ PART II INTERGENERATIONAL FAMILIES 11. John H. Langbein (1988), ‘The Twentieth-Century Revolution in Family Wealth Transmission’ 12. James M. Buchanan (1983), ‘Rent Seeking, Noncompensated Transfers, and Laws of Succession’ 13. Margaret F. Brinig, Gerald Jogerst, Jeanette Daly, Gretchen Schmuch and Jeffrey Dawson (2004), ‘The Public Choice of Elder Abuse Law’ Name Index

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Book SynopsisThe Family Law (Scotland) Act 2006 amends, updates and improves various aspects of Scottish family law, as well as introducing important new provisions for cohabiting couples. This book contains the text of the substantive provisions together with Professor Norrie''s expert commentary - making it an excellent companion to the new Act for all those who need to know about family law and understand the impact of the new legislation.

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Book Synopsis

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Book Synopsis

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Book SynopsisThose not learned in the economic arts believe that economics is either solely or essentially concerned with commercial relations. And, so it was, originally. Then, in the second half of the 20th century, economists began applying their minimalist but sturdy tools to other human activities such as marriage, child-bearing, crime, religion and social groups. In this spirit, the Research Handbook on the Economics of Family Law gives us a series of original essays by distinguished scholars in economics, law or both. The essays represent a variety of approaches to the field. Many contain extensive surveys of the literature with respect to the particular question they address. Some employ empirical economics, others are more narrowly legal. They have in common one thing: each scholar employs a core economic tool or insight to shed light on some aspect of family law and social institutions broadly understood. Topics covered include: divorce, child support, infant feeding, abortion access, prostitution, the decline in marriage, birth control and incentives for partnering. This comprehensive and enlightening volume will be a valuable reference for those interested in law and economics generally and family law in particular.Contributors: D.W. Allen, L.R. Cohen, S. Cunningham, K. Dickinson, A.W. Dnes, T. Green, M. Guldi, M. Hanlon, T.D. Kendall, J. Klick, R.I. Lerman, J. Price, B. Stevenson, T. Stratmann, A.L. Wax, J. Wolfers, J.D. WrightTable of ContentsContents: Introduction Lloyd R. Cohen and Joshua D. Wright 1. Is it Just about Love? Factors that Influence Marriage Joseph Price 2. Diverging Family Structure and ‘Rational’ Behavior: The Decline in Marriage as a Disorder of Choice Amy L. Wax 3. Economic Perspectives on Marriage: Causes, Consequences, and Public Policy Robert I. Lerman 4. Trends in Marital Stability Betsey Stevenson and Justin Wolfers 5. The State’s Choice of Divorce Law Michael Hanlon 6. Partnering and Incentive Structures Antony W. Dnes 7. The Anatomy of Canada’s Child Support Guidelines: The Effects, Details, and History of a Feminist Family Policy Douglas W. Allen 8. The Economics of Infant Feeding Tiffany Green and Katherine Dickinson 9. Abortion Access and Risky Sex Jonathan Klick and Thomas Stratmann 10. Prostitution, Technology, and the Law: New Data and Directions Scott Cunningham and Todd D. Kendall 11. A Survey of the Literature on Early Legal Access to the Birth Control Pill and its Influence on Young Women’s Fertility, Education, Career and Labor Supply Melanie Guldi Index

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Book Synopsis'Caring and the Law' considers the law's response to caring. It explores how care is valued and recognised, how it is regulated and restricted and how the values of caring are reflected in the law. It does this by examining the law's interaction with caring in a wide range of fields including family, medical, welfare, criminal and tort law. At the heart of the book is the claim that the law has failed to recognise the importance of caring in many areas and in doing so has led to the costs and burdens of care falling on those who provide it, primarily women. It has also meant that the law has failed to protect those who receive care from the abuse that can take place in a caring context. The book promotes an ethic of care as providing an ethical and conceptual framework for the law to respond to caring relationships.Trade ReviewAlthough the laws and cases Herring discusses are from the United Kingdom, the book should have a broad philosophical and legal appeal to those interested in social justice and issues of care in other countries. The book reads as if it represents a lifetime of investigation into Anglo-American literature and British court cases on care and the law. Graduate students and practitioners alike would find its stories, philosophy, and analysis informative and moving. Those who specialise in one area of law may fruitfully dip into a single chapter because Herring carries his thesis explicitly and clearly through each section of the book. This is a carefully reasoned and widely researched book that makes a passionate plea for embracing the wider moral and social significance of a relational understanding of care where all of us should hold one another, society, and the state responsible for the human obligation of caring relationships. -- Adelaide H. Villamoare * The Law and Politics Book Review, Volume 23, No. 12 *If the law has a heart, this book is a more than adequate expression of its inner emotion, making it essential reading for all of those interested in or affected by legal intervention in this area. Given the author's accurate assertion that everyone cares or is cared for, that makes for a very wide potential readership indeed. -- Nicole Busby * Journal of Law and Society, Volume 40, Number 4 *... a thoroughly researched, extremely well-structured and highly thought-provoking text on how the law addresses – or does not, as the case may be – the issue of care. This is a book every law student and graduate should read to assist them to lay down a solid foundation upon which to build their future practice. -- Sue Field * Law Society Journal, Volume 51, Number 8 *It goes without saying that this is an excellent book – erudite, wide ranging and stimulating. Jonathan Herring is a leading legal scholar of our generation. -- Helen Reece * Social & Legal Studies, 23(2) *... a provocative look at the caring/law intersection that makes a worthwhile contribution to the ageing literature. -- Marshall B. Kapp * Care Management Journals, Volume 15, No.2 *This is an accessible, easy-to-read book; the structure is always clear, with everything signposted. Its socio-legal approach means that the realities of caring are never lost; instead arguments from scholars in a number of disciplines are not only set out well but also firmly placed in context. Concrete examples are used to assist (and sometimes amuse) the reader. -- Annika Newnham * Child and Family Law Quarterly *In this accessible and engaging book, Herring takes us on a journey into a world that lawyers often marginalise, yet it is a world that is of relevance to us all…[Caring and the Law] consolidates core scholarly activity, offers suggestions for improvement and reveals how and why caring relationships deserve more attention from policy makers and academics -- Grace James * Feminist Legal Studies *Caring and the law [has] immeasurable value in jolting one...out of traditional ways of thinking and bravely presenting a vision of a different world. -- Brian Sloan * Journal of Social Welfare and Family Law *Herring should be commented for his up-to-date research within this publication. -- Gary Spencer-Humphrey * Professional Social Work *Table of Contents1. Caring I. Introduction II. Title III. Ethic of Care IV. Real Life V. Politics and Care VI. The Structure of the Book 2. The Nature of Care I. Introduction II. Terminology III. The Disability Critique of Care IV. Paid and Unpaid Care V. Gender and Caring VI. The Status of Carers VII. The Extent of Caring VIII. Caring Relationships and Disadvantage IX Conclusion 3. Ethic of Care I. Introduction II. The Origins of an Ethic of Care III. Central Themes in an Ethic of Care Approach IV. Disputed Issues Surrounding an Ethic of Care V. Criticisms of an Ethic of Care VI. Ethic of Care and Law VII. Conclusion 4. State Support of Care I. Introduction II. The Political Background III. Why Care Matters to the State IV. The Basis of the Support V. The Nature of the Support VI. Defamilisation VII. Work-Life Balance VIII. Commodification IX. Current Law X. Government Reforms on Support for Carers XI. Future Funding of Care XII. The Role of the Courts XIII. Conclusion 5. Caring and Medical Law I. Introduction II. The Place of Carers in Medical Law III. Mental Capacity and Carers IV. Carers as Decision-Makers V. Mental Health Act 1983 and Carers VI. Human Tissue Act 2004 and Carers VII. Autonomy VIII. Bodies IX. Rationing X. Confidentiality XI. Personhood XII. Conclusion 6. Family Law and Caring I. Introduction II. Care at the Heart of Family Law III. Marriage IV. Parenthood V. Disputes over Children VI. Financial Orders VII. Unmarried Couples and Property Disputes VIII. Autonomy and Family Law IX. Conclusion 7. Caring and General Law I. Introduction II. Human Rights and Caring Relationships III. Carers and Tort IV. Carers' Employment Law Protection V. Conclusion 8. Caring and Abuse I. Introduction II. Recent Scandals III. Statistics IV. Defining Intimate Relationship Abuse V. The Causes of Intimate Abuse VI. Rights to Protection VII. Criminal Law VIII. Civil Law IX. Compulsory Intervention X. Prevention and Regulation XI. Conclusion 9. Conclusions I. Introduction II. Social Justice and Societal Well-Being III. The Nature of Care IV. The Relational Self V. Gender Care and Power VI. The Promotion of Caring Relationships VII. Care and Health VIII. Refocusing Family Law on Care IX. Care and Employment X. Care and Protection from Abuse XI. Final Thoughts

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Book SynopsisThis unique selection of chapters brings together researchers from a variety of academic disciplines to explore aspects of law's engagement with working families. It connects academic debate with policy proposals through an integrated set of approaches and perspectives. Families, Care-giving and Paid Work offers an original approach to a very topical area. Not only does it consider the limitations of law in relation to the regulation of care-giving and workplace relationships, but it is premised upon a reconsideration of law's potential and engages with suggested strategies for bringing about long-term social change. Offering a range of analyses, this book will strongly appeal to policy makers and practitioners involved with promoting work and family issues, students in labor and employment studies, law and social policy, as well as academics interested in work and family reconciliation issues, or gender and law issues. Contributors: N. Busby, T. Callus, E. Caracciolo di Torella, S. Charlesworth, R. Guerrina, R. Horton, G. James, C. Lyonette, S. Macpherson, A. Masselot, O. Smith, M. Weldon-JohnsTrade Review'Balancing paid work and family life remains a significant challenge; indeed, the challenges are intensifying as economic austerity threatens the pursuit of gender equality. This excellent book provides extensive justifications for laws and policies which encourage and facilitate the reconciliation of paid work, family life and care-giving. It provides a wealth of data, from a number of jurisdictions, and examines recent trends. It is vital that this area of law and policy is protected and developed and this book plays an important role in that process.' - Clare McGlynn, Durham University, UKTable of ContentsContents: Introduction Nicole Busby and Grace James PART I: WORK–FAMILY CHALLENGES 1. Reconciling Employment and Family Care-giving: A Gender Analysis of Current Challenges and Future Directions for UK Policy Suzi Macpherson 2. Atypical Working in Europe and the Impact on Work–Family Reconciliation Clare Lyonette 3. Is There a Fundamental Right to Reconcile Work and Family Life in the EU? Eugenia Caracciolo di Torella PART II: NATIONAL APPROACHES AND CROSS-NATIONAL CONSIDERATIONS 4. The Rights and Realities of Balancing Work and Family Life in New Zealand Annick Masselot 5. Law’s Response to the Reconciliation of Work and Care: The Australian Case Sara Charlesworth 6. Parental Leave Rights in Italy: Reconciling Gender Ideologies with the Demands of Europeanization Roberta Guerrina 7. Comparative Lessons on Work–Family Conflict – Swedish Parental Leave versus American Parental Leave Michelle Weldon-Johns PART III: ACCOMMODATING CARE 8. Care-giving and Reasonable Adjustment in the UK Rachel Horton 9. Reconciling Care-giving and Work in Ireland: The Contribution of Protection Against Family Status Discrimination Olivia Smith PART IV: CHANGING FOCUS 10. Child Welfare and Work–Family Reconciliation Policies: Lessons from Family Law Grace James and Thérèse Callus 11. Unpaid Care-giving and Paid Work Within a Rights Framework: Towards Reconciliation? Nicole Busby Bibliography Index

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Book SynopsisThis text aims to remedy the problems of keeping abreast with the developments in family law by providing undergraduate students with up-to- date materials. The book covers all recent legislation, including the Family Law Act 1996, as well as international conventions and extracts from leading cases. It also incorporates comments from academics and lawyers who are experts within the field as well as extracts from Government and other publications. Helpful comments and notes are supplied by the author in addition to questions which will stimulate thought and discussion and encourage students to adopt a critical approach to the subject.

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Book SynopsisThis book looks at the historical background to the law''s approach to ageing, focusing on questions such as: Has the law promoted ageism?  How well has the law protected older people against discrimination, abuse and social exclusion? How effective will new prohibitions on age discrimination be when they come into force? Themes include the ways in which the law has a distinct impact on the lives of older people, human rights, housing, finance, health and social care, discrimination, crime, abuse and the state''s reaction, and poverty and social exclusion.

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Book SynopsisThe Modern Family: Relationships and the Law explains in a concise and clear fashion the law as it relates to 'the family' and the relationship between its different members.Table of ContentsChapter 1: Introduction/The FamilyChapter 2: MarriageChapter 3: Civil PartnershipChapter 4: CohabitantsChapter 5: Court ProceduresChapter 6: ChildrenChapter 7: SuccessionChapter 8: Donor Assisted Human ReproductionChapter 9: Assisted/Joint Decision MakingChapter 10: Advance Healthcare DirectivesChapter 11: Powers of AttorneyChapter 12: Frequently Asked Questions

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Book SynopsisIn the last 50 years, Irish family law and Irish social attitudes towards the family have changed beyond recognition. Although the constitutional idea of the family is still based on marriage, family law now embraces and provides for a diversity of family forms. With the introduction of divorce Ireland has moved from a system which attached shame to the breakdown of marriage to one that provides for the reality of modern family life. Contemporary law now centres around the rights of children and promotes a child-focused approach to dispute resolution. Family Law in Context provides a comprehensive yet accessible foundational text supporting students and lecturers in meeting the learning outcomes of child and family law modules across universities and colleges in Ireland. Family Law in Context goes beyond an exposition of the law, engaging with debates on the nature of family law and law's impact on the forms of family life it seeks to regulate. In doing so it supports students in thinking critically about family law in Ireland.Table of Contents1. Introduction 2. What is the family in Irish Law? 3. Formation and validity of marriage. 4. Ending marriage: Judicial Separation and Divorce 5. Financial consequences of ending marriage: Private ordering 6. Financial consequences of ending marriage: Court ordered proper provision 7. Cohabitation 8. Protection from family abuse 9. Children's rights in family law 10. Children and parents 11. Public child law 12. Adoption 13. Irish family law in a cross border context

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Book SynopsisThis book is suitable for paralegals and junior staff working in family practice teams, as well as for junior legal staff working in child protection teams in local authorities

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Book SynopsisThis contemporary and creative textbook takes the fear out of learning law, and enables students to apply it to their social work practice with confidence. Social Work Law is an exciting new textbook that supports students who are often intimidated by law as a subject. It helps them remember all the relevant Acts and legislation, and illustrates how the law can be applied in practice. Learning features such as mindmaps, end of chapter tests, and personal reflection boxes provide powerful tools for understanding and recall. It also explores key study skills to help students with essay preparation and taking a social work law exam. Mapped to modules and based on teaching needs, it supports lectures too with up to date content and worked examples to follow throughout. Accessible and engaging, this introduction guides readers through the modern professional and legal context of Social Work, equipping them with the tools they need to be able to think critically and adapt to whatever situation they may encounter in their practice. Whether a qualifying student on an undergraduate degree course, an Social Work degree apprentice, or a newly qualified social worker, this is the go-to textbook for being able to understand , think critically, and apply law to your social work practice.Trade Review"Learning about the law in Social Work can be daunting for students. Having resources to support learners to manage their anxieties and to facilitate their learning is essential. Dr Evans and Ms Harvey have developed a unique resource that seeks to make learning about the law in social work more accessible." -- Dr Andrew Richardson FRSA, SHHEA * Head of Division Social Work, Community & Public Health, London South Bank University. *"This highly readable book is a great guide for students seeking to understand the range of relevant legislation. The use of case studies really brings the law to life, making it easier to understand and remember. The materials are attractive and colour coded, which enables students to link the law more clearly. The study skills chapter, designed to help students with law essays and law exams, is particularly innovative and helpful. An authoritative but accessible guide that should be required reading." -- Dr Andrew Whittaker * Professor of Social Work Research, London South Bank University *“This book contains all that Social Work students will need to gain a clear understanding of relevant law current to practice. Students are often riddled with anxiety when their law exam is looming. This textbook offers a differential learning approach suitable for learners of all styles and needs. I have been educating and training students and qualified staff for 26 years and consider this publication’s content with its various activities and information highly relevant to students to embed law confidently and appropriately in their placements and future practice… This is a great resource and well worth the investment.” -- Darlene Lamont * MA Course Director, School of Allied Health, Social Work and Advanced Practice *Table of ContentsChapter 1: Introduction to using this book Chapter 2: Introduction to the English legal system and social work Part One; Law relating to children Chapter 3: Child legislation part one – Child in need or risk of significant harm? Chapter 4: Child legislation part two - When children become looked after Chapter 5 Child legislation part three – Children in the criminal justice system Part Two: Law affecting children and adults Chapter 6: Chapter 7: Children and adults - Mental Capacity Act 2005 Chapter 7: Deprivation of liberty safeguards (DoLS) and Liberty Protection Safeguards (LPS) - Mental Capacity (Amendment) Act 2019 Chapter 8: Children and adults - Mental Health Act 1983/2007 Chapter 9: Children and adults – Legislation pertaining to disability/impairment seen and unseen Part Three: Law specific to adults Chapter 10: Adult care: Care Act 2014 Part Four: Practice related study skills Chapter 11: Study skills: Applying the law to your social work practice Conclusion Chapter 12: Conclusion References Glossary Index

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Book Synopsis

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Book Synopsis

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Book Synopsis

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Book Synopsis

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Book Synopsis

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Book Synopsis

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Book Synopsis

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Book Synopsis

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Book Synopsis

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Book Synopsis

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Book SynopsisAwareness of narcissism and narcissistic behaviour has mushroomed over the past decade. More and more people are being identified as exhibiting a degree of narcissistic behaviour, a rise that may reflect the explosion of social media or simply increased awareness of the problem. So when you encounter a narcissist in divorce proceedings, as inevitably you will, you need to be able to understand how they may behave and how you can better handle matters so that a resolution is not unnecessarily costly. Narcissism & Family Law: A Practitioner’s Guide will help you spot when you are dealing with a narcissist, whether they are your client or on the other side, and sets out innumerable practical insights and tips for how you can moderate the effects of their behaviour. Divorce cases involving narcissists can often get messy, combative and costly so the advice set out in these pages could save you and your client days of angst and unrewarding effort. Drawing on the combined expertise and experience of Dr Supriya McKenna, a GP turned specialist coach and mentor and who focuses on supporting people separating from a narcissist, and Karin Walker, one of the country's leading family law practitioners, it is essential reading for all family lawyers, mediators and other advisers on the front line of practice

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Book SynopsisFor approaching two decades, family courts have been accused of making life changing decisions about children and who they live with made in secret, away from the scrutiny of the public gaze. Recognising the force of these accusations, senior family courts judges have, over that time, implemented a raft of rule changes, pilot projects and judicial guidance aimed at making the family justice more accountable and transparent. But has any progress been made? Are there still suspicions that family judges make irrevocable, unaccountable decisions in private hearings? And if so, are those suspicions justified and what can be done to dispel them? In this important and timely new book, Clifford Bellamy, a recently retired family judge who has been at the sharp end of family justice during all these changes, attempts to answer those questions and more. He has spoken to leading journalists, judges and academic researchers to find out what the obstacles to open reporting are – be they legal, economic or cultural - and interweaves their insights with informed analysis on how the laws regulating family court reporting operate. Along the way he provides a comprehensive review of the raft of initiatives he has seen come and go, summarises the position now and uses this experience to suggest how this fundamental aspect of our justice system could adapt in the face of this criticism. Every professional working in the family justice system – lawyers, social workers, court staff and judges - as well as those who job it is to report on legal affairs, should read this informative, nuanced exposition of what open justice means and why it matters so much to those whose lives are upended by the family justice system.

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Book SynopsisWALK A MILE IN HER SHOES: Beginning with a discussion of the magnitude of the problem of domestic violence, the authors present a fictional narrative of "Suzanne," whose relationship with her intimate partner dissolves into abuse and violence, both physical and emotional. What follows is expert commentary on her story by law enforcement, a judge and former district attorney, victim advocate, therapist, and survivor, which provide a unique exploration of the tragedy of abuse and potential means by which it can be addressed. The main theme of the book is the tendency to "blame the victim" for staying in an abusive relationship and the need to understand why leaving can be so difficult and dangerous.Trade Review"This book, DOMESTIC VIOLENCE: Tragedy and Hope, starts with a compelling domestic violence story. This book provides an analysis of the story by experienced and expert professionals from all the relevant fields to help us learn from the powerful story. I was especially interested in the law enforcement professional who said when police take a DV call the alleged abuser almost always lies. This interested me because family court professionals do not know what police experts know and so keep forcing children to live with abusers." Barry Goldstein, Author of The Quincy Solution: Stop Domestic Violence and save $500 Billion and Scared to Leave, Afraid to Stay: Paths from Family Violence to Safety"Professor Pilch and her collaborators capture the dynamics of domestic violence by presenting 'Suzanne's' case history, a composite, and then offering commentaries from the perspectives of psychology, law enforcement, victims' advocacy, and the courts. The result is a heightened appreciation of the complexity of this 'pandemic.... raging in our country' alongside COVID-19 and of how diverse causes and potential interventions intersect. Clearly written with minimal jargon, the book offers valuable insights both to professionals and to the broader public." David Price, U. S. House of Representatives (D -- NC)"This book is hard to read. That is why we must read it and seek to understand. Years ago, I rode wearing a bulletproof vest with the DVERT group described in these pages to observe the innovative multi-disciplinary teamwork in use to address this unbelievable problem of abuse and violence. The experience changed me. I hope this book will change you if you are not familiar with the gravity of domestic violence and the hope we can bring with understanding and action. This book will make you think, offer hope, and hopefully drive action. Supporting action to combat this insidious violence is one of the most important things we individually and collectively can do. I commend the authors and recommend their work to you." Pam Shockley-Zalabak, Ph.D., Chancellor Emerita, University of Colorado, Colorado Springs and President, CommuniCon, Inc.

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Book SynopsisThis book breaks new theoretical ground by constructing a framework of ‘relational vulnerability’ through which it analyses the disadvantaged position of those who undertake unpaid caregiving, or ‘dependency-work’, in the context of the private family. Expanding on existing socio-legal scholarship on vulnerability and resilience, it charts how the state seeks to conceal the embodied and temporal reality of vulnerability and dependency within the private family, while promoting an artificial concept of autonomous personhood that exposes dependency-workers work to a range of harms. The book argues that the legal framework governing the married and unmarried family reinforces principles of individualism and rationality, while labelling dependency-work as a private, gendered, and sentimental endeavor, lacking value beyond the family. It also considers how the state can respond to relational vulnerability and foster resilience. It seeks to provide a more comprehensive understanding of resilience, theorising its normative goals and applying these to different hypothetical state responses. Trade Review“The book provides a clear and understandable account of complex theoretical literature, while retaining focus upon the application of these theoretical ideas … . this book provides an excellent distillation of the role that ‘relational vulnerability’ could play in the legal regulation of adult personal relationships, offering some interesting potential solutions for the future. … book is a strong addition to the literature on the legal understanding of adult personal relationships and on the relationship between law and vulnerability theory.” (Alan Brown, International Journal of Law, Policy and the Family, December 11, 2021)Table of ContentsChapter 1: Introducing Relational Vulnerability.Chapter 2: Embodiment, Temporality and the Private Family.Chapter 3: Relational Vulnerability: Economic, Psychological, Spatial.Chapter 4: Vulnerability, Law and the Married Family. Chapter 5: Vulnerability, Law and the Unmarried Family. Chapter 6: Theorising Resilience.Chapter 7: Imagining the Responsive State.Chapter: 8 Concluding Thoughts.

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Book SynopsisThis book synthesizes research about the effects of food insecurity on children, families, and households, emphasizing multiple pathways and variations across developmental contexts. It focuses on emerging new methods that allow for a more refined approach to practice and policy. The volume provides a brief overview of the topic, and additional empirical chapters pose and address unanswered research questions. It concludes with a short commentary, providing recommendations for future research and policy and yielding a significant and timely contribution to advance developmental scientific knowledge and promote its use to improve the lives of children and families. Featured areas of coverage include: The effects of early food insecurity on children’s academic and socio-emotional outcomes. The effects of household food insecurity on children with disabilities. Early childhood access to Women, Infants, and. Children (WIC) and school readiness. Supplemental Nutrition Assistance Program (SNAP) and adolescent mental health. Food Insecurity in Families with Children is an essential resource for policy makers and related professionals as well as graduate students and researchers in developmental, clinical, and school psychology, child, youth and family policy, public health, and social work.Table of ContentsChapter 1. Introduction: Food Insecurity During Childhood.- Chapter 2. Mediators That Explain the Associations Between Food Insecurity and Kindergarten Outcomes.- Chapter 3. The Consequences of Food Insecurity for Vulnerable School-Aged Youth.- Chapter 4. Early Childhood WIC Use, School Readiness, and Outcomes in Early Childhood.- Chapter 5. Food Insecurity, Supplemental Nutrition Assistance Program (SNAP), and Adolescent Mental Health.- Chapter 6. Food Insecurity in Families with Children: Future Directions in Research and Practice.

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Book SynopsisThis book presents multidimensional knowledge on children of incarcerated parents using Bronfenbrenner’s ecological theory as an organizing framework. It examines the extent to which different levels of the environment are supportive (i.e., leading to resilience) and stress-producing (i.e., contributing to risk). The volume explores four levels of the environment – microsystem, mesosystem, exosystem, and macrosystem – with specific theories and paradigms woven into the inquiry at each. At the level of child and family, it discusses the factors that influence resilience and risk in children from gestation through young adulthood; at the community level, it addresses risk and resilience in the interactions between children and families and the various systems with which they interact (e.g., child welfare). Key areas of coverage include: · A description of the factors that influence the quality of programming for children and their families. · A critical analysis of state and national policies that affect which individuals receive, or fail to receive, specific services. · An overview and evaluation of the state of knowledge and implications for research and practice to improve outcomes for children of incarcerated parents. · An organizing framework to help researchers identify gaps in the existing knowledge base and distills and organizes evidence-based information for practitioners. Children of Incarcerated Parents is an essential resource for researchers, professors, and graduate students as well as practitioners, therapists, and other professionals in child and school psychology, family studies, public health, and all interrelated disciplines, including developmental psychology, criminal justice, social work, educational policy and politics. Table of ContentsTable of Contents Preface Part I. Micro System Chapter 1: Women and Infants Affected by Incarceration: The Potential Value of Home Visiting Program Engagement Chapter 2: Adolescents with Incarcerated Parents: Towards Developmentally-Informed Research and Practice Chapter 3: Family- and School-Based Sources of Resilience among Children of Incarcerated Parents Part II: The Mesosystem Chapter 4: The Forgotten: The Impact of Parental and Familial Incarceration on Fragile Communities Chapter 5: Racial Differences in Female Imprisonment and Foster Care Chapter 6: Language as a Protective Factor: Making Conscious Word Choices to Support Children with Incarcerated Parents Part III: Exo System Chapter 7. Development and Implementation of an Attachment-Based Intervention to Enhance Visits between Children and Their Incarcerated Parents Chapter 8: A Review of Reentry Programs and Their Inclusion of Families Chapter 9: Gender Differences and Implications for Programming During the Reentry of Incarcerated Fathers and Mothers Back into Their Communities Part IV. Macrosystem Chapter 10: We are not collateral consequences: Arrest to re-entry policy solutions for children of incarcerated parents. Chapter 11: Toward a Critical Race Analysis of Positive Youth Development for Adolescents of Color Experiencing Parental Incarceration Chapter 12: Programmatic and Policy Responses to Mothers who are Incarcerated Chapter 13: Incarcerated Parents and their Children: Perspectives from the Smart Decarceration Social Work Grand Challenge Epilogue

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Book SynopsisThis innovative book applies contemporary and emergent theories of identity formation to timely questions of identity re/formation and development in immigrant families across diverse ethnicities and age groups. Researchers from across the globe examine the ways in which immigrants from Africa, Asia, Europe, and Latin America dynamically adjust, adapt, and resist aspects of their identities in their host countries as a form of resilience. The book provides a multidisciplinary approach to studying the multidimensional complexities of identity development and immigration and offers critical insights on the experiences of immigrant families. Key areas of coverage include: Factors that affect identity formation, readjustment, and maintenance, including individual differences and social environments. Influences of intersecting immigrant ecologies such as family, community, and complex multidimensions of culture on identity development. Current identity theories and their effectiveness at addressing issues of ethnicity, culture, and immigration. Research challenges to studying various forms of identity. Re/Formation and Identity: The Intersectionality of Development, Culture, and Immigration is an essential resource for researchers, professors, and graduate students as well as clinicians, professionals, and policymakers in the fields of developmental, social, and cross-cultural psychology, parenting and family studies, social work, and all interrelated disciplines.Table of ContentsBicultural Identity: Which Kind of Biculturalism for Whom?.- Adaptation and Identity Formation in the Israeli Diaspora.- Black Immigrant Youth’s Adoption of Black English as Entry into the Black American Peer Group and Evidence of Cultural Identity Development.- Immigrant African Culture Heritage Youth Identities in Australia.- Immigrant Youth Narratives: Literacy Project.- First Year College Experiences of Latinos from Immigrant Families: Ethnic Identity as a Protective Process.- Performing a Trio in a Promised Land: Influences of Immigration and Culture on Parenting and Children’s Academic Identity Development across the Lifespan.- Role-Based Identity Development in Ethnic Minority Children from Immigrant Families: The Development of Language Broker Role Identity.- “Jalos,” USA: Transnational Community and Identity among California Immigrants.- Learning to Care: Work Experiences and Identity Formation among African Immigrant Care Workers.

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Book Synopsis

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Book Synopsis

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Book SynopsisInge Kroppenberg nimmt die gestiegene Bedeutung der Testierfreiheit in der "Erbengesellschaft" zum Anlass, die dogmatischen Konturen der Gestaltungsbefugnis von Todes wegen herauszuarbeiten. Ihre Untersuchung trägt in dreierlei Hinsicht zu einem neuen Verständnis bei: erstens, indem sie die Testierfreiheit als zivilrechtliches Prinzip vor einer zu stark verfassungsrechtlich geprägten Anschauung in Schutz nimmt. Die Gestaltungsbefugnis von Todes wegen wird in der verfassungsgerichtlichen Rechtsprechung als Verfügungsbefugnis über den Tod hinaus beschrieben. Damit erscheint sie als Fortsetzung des Rechts der Lebenden mit anderen rechtsgeschäftlichen Mitteln und wird zudem mit der Vorstellung eines "Leistungseigentums" verknüpft. Es zeigt sich des Weiteren, dass an die Gestaltungsbefugnis von Todes wegen Strukturmerkmale heran getragen werden, die aus dem Recht der Lebenden stammen, im Erbrecht aber Fremdkörper sind. Das gilt zum einen für den erbrechtlichen Typenzwang, der in Anlehnung an den sachenrechtlichen konzipiert wird. Es gilt aber vor allem für die Anleihen, die beim lebzeitigen Vertragsparadigma gemacht werden und die diachrone Struktur des erbrechtlichen Rechtsgeschäfts außer Acht lassen.Drittens ist es der Autorin um ein genuin rechtsgeschäftliches Verständnis der Testierfreiheit zu tun. Das klingt selbstverständlich, ist es aber nicht. So behaupten familienerbrechtliche Deutungen der Gestaltungsbefugnis von Todes wegen einen Leitbildcharakter der gesetzlichen für die rechtsgeschäftliche Erbfolge. Ihre Interpretation als besonderes Persönlichkeitsrecht des Erblassers zur Todesverarbeitung verengt schließlich den privatrechtlichen Freiheitsraum von Todes wegen inhaltlich auf eine Reflexion über Mortalität.

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Book SynopsisMehrseitige Verträge sind ein Stiefkind des deutschen Zivilrechts. Obwohl ihre Zulässigkeit außer Streit steht und sie in der Praxis in ganz verschiedenen Situationen zum Einsatz kommen, konzentrieren sich die gesetzlichen Regelungen fast durchweg auf zweiseitige bzw. bipolare Vertragsgestaltungen. Diese Regelungen werden der Komplexität mehrseitiger Vertragsgestaltungen nicht gerecht und stoßen bereits bei einfachen Sachverhalten an ihre Grenzen. Michael Zwanzger analysiert die Grundstrukturen mehrseitiger Vertragsgestaltungen und geht der Frage nach, wie man die auf zweiseitige Verträge zugeschnittenen Regelungen des BGB systemkonform auf mehrseitige Verträge anwenden kann. Im Zentrum der Untersuchung stehen dabei der Vertragsschluss und das Leistungsstörungsrecht des Allgemeinen und Besonderen Schuldrechts. Daneben untersucht der Autor auch die Abgrenzung des "normalen" mehrseitigen Vertrages vom Sonderfall des mehrseitigen Gesellschaftsvertrags.Die Arbeit wurde mit dem Helmut-Schippel-Preis 2012 der Deutschen Notarrechtlichen Vereinigung ausgezeichnet.

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