Family law Books

Book SynopsisA look at gun control, campus sexual assault, immigration, and more that considers the future of responses to domestic violence Domestic violence is commonly assumed to be a bipartisan, nonpolitical issue, with politicians of all stripes claiming to work to end family violence. Nevertheless, the Violence Against Women Act expired for over 500 days between 2012 and 2013 due to differences between the U.S. Senate and House, demonstrating that legal protections for domestic abuse survivors are both highly political and highly vulnerable. Racial and gender politics, the move toward criminalization, reproductive justice concerns, gun control debates, and political interests are increasingly shaping responses to domestic violence, demonstrating the need for greater consideration of the interplay of politics, domestic violence, and how the law works in people's lives. The Politicization of Safety provides a critical historical perspective on domestic violence responses iTrade ReviewThe Politicization of Safety is full of paradigm-shifting discussions - each at the intersection of intimate partner violence and other fields, such as immigration, child neglect, firearms laws, police abuse, and many more. Each author is at the top of her field, and every thesis is out of the box. If you want to know where the domestic violence field is going, read this book. -- Joan S. Meier,Professor of Clinical Law, George Washington University Law SchoolThis book is a fresh and sophisticated analysis of domestic violence policy, firmly grounded in social science research and legal theory. For anyone who wants to more deeply understand how we can improve the safety of assault victims without committing further injustices in the 'New Jim Crow' era. -- Karla Fischer,University of Illinois College of Law, EmeritaThis book leaves the reader empowered; empowered to reframe and update domestic violence policy and practice through an intersectional lens, improve access to both safety and justice, and to take stock in the nuanced and contextual charge to address this issue. In all, the detailed nature of this text appropriately encapsulates the multifaceted issue of domestic violence as ultimately politicized, intersectional, and often riddled with varying perspectives and contexts regarding prevention and response. While there is no panacea for domestic violence, the contributions contained in this book take us another step in the right direction and challenge the reader to broaden their perspective on the issue. -- Criminal Law and Criminal Justice

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Book SynopsisA look at gun control, campus sexual assault, immigration, and more that considers the future of responses to domestic violence Domestic violence is commonly assumed to be a bipartisan, nonpolitical issue, with politicians of all stripes claiming to work to end family violence. Nevertheless, the Violence Against Women Act expired for over 500 days between 2012 and 2013 due to differences between the U.S. Senate and House, demonstrating that legal protections for domestic abuse survivors are both highly political and highly vulnerable. Racial and gender politics, the move toward criminalization, reproductive justice concerns, gun control debates, and political interests are increasingly shaping responses to domestic violence, demonstrating the need for greater consideration of the interplay of politics, domestic violence, and how the law works in people's lives. The Politicization of Safety provides a critical historical perspective on domestic violence responses iTrade ReviewThe Politicization of Safety is full of paradigm-shifting discussions - each at the intersection of intimate partner violence and other fields, such as immigration, child neglect, firearms laws, police abuse, and many more. Each author is at the top of her field, and every thesis is out of the box. If you want to know where the domestic violence field is going, read this book. -- Joan S. Meier,Professor of Clinical Law, George Washington University Law SchoolThis book is a fresh and sophisticated analysis of domestic violence policy, firmly grounded in social science research and legal theory. For anyone who wants to more deeply understand how we can improve the safety of assault victims without committing further injustices in the 'New Jim Crow' era. -- Karla Fischer,University of Illinois College of Law, EmeritaThis book leaves the reader empowered; empowered to reframe and update domestic violence policy and practice through an intersectional lens, improve access to both safety and justice, and to take stock in the nuanced and contextual charge to address this issue. In all, the detailed nature of this text appropriately encapsulates the multifaceted issue of domestic violence as ultimately politicized, intersectional, and often riddled with varying perspectives and contexts regarding prevention and response. While there is no panacea for domestic violence, the contributions contained in this book take us another step in the right direction and challenge the reader to broaden their perspective on the issue. -- Criminal Law and Criminal Justice

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Book SynopsisHow the rise of HIV in India resulted in government protections for gay groups, transgender people, and sex workers This original ethnographic research explores the relationship between the HIV/AIDS epidemic and the rights-based struggles of sexual minorities in contemporary India. Sex workers, gay men, and transgender people became visible in the Indian public sphere in the mid-1980s when the rise of HIV/AIDS became a frightening issue. The Indian state started to fold these groups into national HIV/AIDS policies as high-risk groups in an attempt to create an effective response to the epidemic. Lakkimsetti argues that over time the crisis of HIV/AIDS effectively transformed the relationship between sexual minorities and the state from one that was focused on juridical exclusion to one of inclusion. The new relationship then enabled affected groups to demand rights and citizenship from the Indian state that had been previously unimaginable. By illuminating such tactics as mobilizing agTrade ReviewA thrilling read that imparts substantial wisdom about the perils and windfalls social movements experience when they approach the postcolonial state for rights and recognition. Lakkimsetti’s engaging prose immerses readers in the gripping real-life dilemmas that Indian gender and sexual minority and sex worker rights activists have faced. Unlike other books that critique activists for falling into the predatory state’s ‘trap,’ this book refreshingly suspends this antagonistic narrative in favor of one that foregrounds the complex strategic decisions that activists make. -- Ashley Currier, author of Politicizing Sex in Contemporary Africa: Homophobia in MalawiA compelling, well-written, and insightful analytical narrative of the role of HIV/AIDS in shaping the landscape of sexual politics in India. By bringing together the often disparately understood constituencies of LGBTQ+ and sex workers, the book contributes to understanding the synergies as well as the differences between their political mobilizations. -- Sharmila Rudrappa, author of Discounted Life: The Price of Global Surrogacy in IndiaIn Legalizing Sex, a deeply researched, theoretically sophisticated, and well written book, Chaitanya Lakkimsetti makes a compelling and complex argument about how a global epidemic like HIV/AIDS shifted the power relationship between sexual minorities and the state in India from juridical to biopower, enabling them to function as subjects and citizens. * Mobilization *

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Book SynopsisHow the rise of HIV in India resulted in government protections for gay groups, transgender people, and sex workers This original ethnographic research explores the relationship between the HIV/AIDS epidemic and the rights-based struggles of sexual minorities in contemporary India. Sex workers, gay men, and transgender people became visible in the Indian public sphere in the mid-1980s when the rise of HIV/AIDS became a frightening issue. The Indian state started to fold these groups into national HIV/AIDS policies as high-risk groups in an attempt to create an effective response to the epidemic. Lakkimsetti argues that over time the crisis of HIV/AIDS effectively transformed the relationship between sexual minorities and the state from one that was focused on juridical exclusion to one of inclusion. The new relationship then enabled affected groups to demand rights and citizenship from the Indian state that had been previously unimaginable. By illuminating such tactics Trade Review"A thrilling read that imparts substantial wisdom about the perils and windfalls social movements experience when they approach the postcolonial state for rights and recognition. Lakkimsetti’s engaging prose immerses readers in the gripping real-life dilemmas that Indian gender and sexual minority and sex worker rights activists have faced. Unlike other books that critique activists for falling into the predatory state’s ‘trap,’ this book refreshingly suspends this antagonistic narrative in favor of one that foregrounds the complex strategic decisions that activists make." -- Ashley Currier, author of Politicizing Sex in Contemporary Africa: Homophobia in Malawi"A compelling, well-written, and insightful analytical narrative of the role of HIV/AIDS in shaping the landscape of sexual politics in India. By bringing together the often disparately understood constituencies of LGBTQ+ and sex workers, the book contributes to understanding the synergies as well as the differences between their political mobilizations." -- Sharmila Rudrappa, author of Discounted Life: The Price of Global Surrogacy in India"In Legalizing Sex, a deeply researched, theoretically sophisticated, and well written book, Chaitanya Lakkimsetti makes a compelling and complex argument about how a global epidemic like HIV/AIDS shifted the power relationship between sexual minorities and the state in India from juridical to biopower, enabling them to function as subjects and citizens." * Mobilization *

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Book SynopsisThis collection canvasses the growing literature on international family law, extending from the traditional private law governing cross-border families, to multi-lateral treaties on subjects such as child abduction and intercountry adoption, to the framework of international human rights law that shapes domestic and international family law systems. Volume I explores the internationalization of family law and considers adult relationships, whilst Volume II examines parent–child relationships. All of the articles are tied together in the Editor’s introductory essay, which provides a useful and insightful overview.Edited by a leading authority in the field, this collection will prove to be an invaluable and essential research tool for all international family law academics, researchers and practitioners.Trade Review‘In this comprehensive two volume work, Professor Estin has gathered a rich array of articles by internationally known experts from many countries. It is a wonderful resource for anyone studying, researching or practicing in the increasingly global setting of contemporary family law.’ -- Barbara Bennett Woodhouse, Emory University, USTable of ContentsContents: Introduction Ann Laquer Estin PART I THE EMERGENCE OF INTERNATIONAL FAMILY LAW 1. Elisabeth Beck-Gernsheim (2012), ‘From Rights and Obligations to Contested Rights and Obligations: Individualization, Globalization and Family Law’, Theoretical Inquiries in Law, 13 (1), January, 1–14 2. Adair Dyer (1997), ‘The Internationalization of Family Law’, University of California, Davis, Law Review, 30 (3), Spring, 625–45 3. Brenda Hale (2009), ‘Families and the Law: The Forgotten International Dimension’, Child and Family Law Quarterly, 21, 413–22 4. Fernanda G. Nicola (2010), Family Law Exceptionalism in Comparative Law’, American Journal of Comparative Law, 58, 777–810 5. Helen Stalford (2002), ‘Concepts of Family Under EU Law – Lessons from the ECHR’, International Journal of Law, Policy and the Family, 16 (3), December, 410–34 6. Daniel Thym (2008), ‘Respect for Private and Family Life Under Article 8 ECHR in Immigration Cases: A Human Right to Regularize Illegal Stay?’, International and Comparative Law Quarterly, 57 (1), January, 87–112 PART II MARRIAGE AND PARTNER RELATIONSHIPS A Marriage Across Borders 7. Willis L.M. Reese (1979), ‘The Hague Convention on Celebration and Recognition of the Validity of Marriages’, Virginia Journal of International Law, 20 (1), 25–36 8. Ryiah Lilith (2000–2001), ‘Buying a Wife but Saving a Child: A Deconstruction of Popular Rhetoric and Legal analysis of Mail-Order Brides and Intercountry Adoptions’, Buffalo Women's Law Journal, IX, 225–62 B Marriage and Human Rights 9. Catherine Dauvergne and Jenni Milbank (2010), ‘Forced Marriage as a Harm in Domestic and International Law’, Modern Law Review, 73 (1), January, 57–88 10. Ruth Gaffney-Rhys (2011), ‘International Law as an Instrument to Combat Child Marriage’, International Journal of Human Rights, 15 (3), March, 359–73 11. Egon Schwelb (1963), ‘Marriage and Human Rights’, American Journal of Comparative Law, 12 (3), Summer, 337–83 12. Alison Symington (2001), ‘Dual Citizenship and Forced Marriages’, Dalhousie Journal of Legal Studies, 10, 1–35 C Traditional and Religious Marriage Law 13. Fareda Banda (2003), ‘Global Standards: Local Values’, International Journal of Law, Policy and the Family, 17 (1), April, 1–27 14. Javaid Rehman (2007), ‘The Sharia, Islamic Family Laws and International Human Rights Law: Examining the Theory and Practice of Polygamy and Talaq’, International Journal of Law, Policy and the Family, 21 (1), April, 108–27 D Informal Cohabitation Relationships 15. Jens M. Scherpe (2005), ‘Protection of Partners in Informal Long-Term Relationships’, International Law FORUM du Droit International, 7 (3), 206–13 E Same-Sex Marriage and Partnerships 16. Nicholas Bamforth (2011), ‘Families But Not (Yet) Marriages? Same-Sex Partners and the Developing European Convention Margin of Appreciation’, Child and Family Law Quarterly, 23 (1), 128–43 17. Katharina Boele-Woelki (2008), ‘The Legal Recognition of Same-Sex Relationships within the European Union’, Tulane Law Review, 82 (5), May, 1949–81 PART III FAMILY BREAKDOWN A Divorce and Matrimonial Property 18. Mary Ann Glendon (1974), ‘Matrimonial Property: A Comparative Study of Law and Social Change’, Tulane Law Review, 49, 21–83 19. Friedrich Juenger (1972), ‘Recognition of Foreign Divorces-British and American Perspectives’, American Journal of Comparative Law, 20 (1), Winter, 1–37 20.Jan-Jaap Kuipers (2012), ‘The Law Applicable to Divorce as Test Ground for Enhanced Cooperation’, European Law Journal, 18 (2), March, 201–29 21. J. Thomas Oldham (2008), ‘What If the Beckhams Move to L.A. and Divorce? Marital Property Rights of Mobile Spouses When They Divorce in the United States’, Family Law Quarterly, 42 (2), Summer, 263–93 22. Alan Reed (1996), ‘Transnational Non-Judicial Divorces: A Comparative Analysis of Recognition Under English and US Jurisprudence’, Loyola of Los Angeles International and Comparative Law Review, 18 (2), 311–37 23. Máire Ní Shúilleabháin (2010), ‘Ten Years of European Family Law: Retrospective from a Common Law Perspective’, International and Comparative Law Quarterly, 59 (4), October, 1021–53 B Personal/Religious Family Law 24. Gillian Douglas, Norman Doe, Sophie Gillat-Ray, Russell Sandberg and Asma Khan (2012), ‘The Role of Religious Tribunals in Regulating Marriage and Divorce’, Child and Family Law Quarterly, 24 (2), 139–57 25. Pascale Fournier (2010), ‘Flirting with God in Western Secular Courts: Mahr in the West’, International Journal of Law, Policy and the Family, 24 (1), April, 67–94 26. Hadas Tagari (2012), ‘Personal Family Law Systems - A Comparative and International Human Rights Analysis’, International Journal of Law in Context, 8 (2), June, 231–52 C Domestic Violence 27. Barbara Stark (2001), ‘Domestic Violence and International Law: Good-Bye Earl (Hans, Pedro, Gen, Chou, etc.)’, Loyola Law Review, 47, 255–82 28. Adam Weiss (2009), ‘Transnational Families in Crisis: An Analysis of the Domestic Violence Rule in EU Free Movement Law’, Michigan Journal of International Law, 30 (3), Spring, 841–79 Volume II An introduction to both volumes by the editor appears in Volume I PART I PARENTS AND CHILDREN A Childrens’ Rights 1. Philip Alston (1994), ‘The Best Interests Principle: Towards a Reconciliation of Culture and Human Rights’, International Journal of Law and the Family, 8 (1), April, 1–25 2. Patrick Glen (2012), ‘The Removability of Non-Citizen Parents and the Best Interests of Citizen Children: How to Balance Competing Imperatives in the Context of Removal Proceedings’, Berkeley Journal of International Law, 30 (1), 1–34 3. Ursula Kilkelly (2002), ‘Effective Protection of Children's Rights in Family Cases: An International Approach’, Transnational Law and Contemporary Problems, 12 (2), Fall, 335–54 B Marital and Nonmarital Children 4. Samantha Besson (2007), ‘Enforcing the Child's Right to Know Her Origins: Contrasting Approaches Under the Convention on the Rights of the Child and the European Convention on Human Rights’, International Journal of Law, Policy and the Family, 21 (2), August, 137–59 5. Marie-Thérèse Meulders-Klein (1990), ‘The Position of the Father in European Legislation’, International Journal of Law and the Family, 4 (2), August, 131–53 6. Shabnam Ishaque (2008), ‘Islamic Principles On Adoption: Examining The Impact Of Illegitimacy And Inheritance Related Concerns In Context Of A Child's Right To An Identity’, International Journal of Law, Policy and the Family, 22 (3), December, 393–420 7. Julia Sloth-Nielsen, Lorenzo Wakefield and Nkatha L. Murungi (2011), ‘Does the Differential Criterion for Vesting Parental Rights and Responsibilities of Unmarried Parents Violate International Law? A Legislative and Social Study of Three African Countries’, Journal of African Law, 55 (2), October, 203–29 C Intercountry Adoption 8. Elizabeth Bartholet (2014), ‘Intergenerational Justice for Children: Restructuring Adoption, Reproduction and Child Welfare Policy’, Law and Ethics of Human Rights, 8 (1), May, 103–30 9. Jorge L. Carro (1994), ‘Regulation of Intercountry Adoption: Can the Abuses Come to and End?’, Hastings International and Comparative Law Review, 18, 121–56 10. William Duncan (2006), ‘Nationality and the Protection of Children Across Frontiers, and the Example of Intercountry Adoption’, Yearbook of Private International Law, VIII, 75–86 [12] 11. Alexandra Maravel (1996), ‘The U.N. Convention on the Rights of the Child and the Hague Conference on Private International Law: The Dynamics of Children's Rights Through Legal Strata’, Transnational Law and Contemporary Problems, 6, Fall, 309–28 12. Peter Selman (2002), ‘Intercountry Adoption in the New Millennium; The "Quiet Migration" Revisited’, Population Research and Policy Review, 21 (3), June, 205–25 13. David M. Smolin (2004), ‘Intercountry Adoption as Child Trafficking’, Valparaiso University Law Review, 39 (2), Winter, 281–325 D Global Surrogacy 14. Seema Mohapatra (2012), ‘Stateless Babies and Adoption Scams: A Bioethical Analysis of International Commercial Surrogacy’, Berkeley Journal of International Law, 30 (2), 412–51 15. Richard F. Storrow (2012), ‘”The Phantom Children of the Republic”: International Surrogacy and the New Illegitimacy’, American University Journal of Gender, Social Policy and the Law, 20 (3), 561–609 16. Katarina Trimmings and Paul Beaumont (2011), ‘International Surrogacy Arrangements: An Urgent Need for Legal Regulation at the International Level’, Journal of Private International Law, 7 (3), December, 627–47 PART II FAMILIES ACROSS BORDERS A Parental Responsibilities 17. D. Marianne Blair and Merle H. Weiner (2005), ‘Resolving Parental Custody Disputes—A Comparative Exploration’, Family Law Quarterly, Symposium on Comparative Custody Law, 39 (2), 247–66 18. Linda D. Elrod (2010), ‘National and International Momentum Builds for More Child Focus in Relocation Disputes’, Family Law Quarterly, 44 (3), Fall, 341–71, 373–74 19. Nigel Lowe (2002), ‘The 1996 Hague Convention on the Protection of Children—A Fresh Appraisal’, Child and Family Law Quarterly, 14 (2), 191–206 20. Linda Silberman (2000), ‘The 1996 Hague Convention on the Protection of Children: Should the United States Join?’, Family Law Quarterly, 34 (2), Summer, 239–70 21. Nicola Taylor, Robyn Fitzgerald, Tamar Morag, Asha Bajpai and Anne Graham (2012), ‘International Models of Child Participation in Family Law Proceedings Following Parental Separation / Divorce’, International Journal of Children’s Rights, 20 (4), 645–73 22. David B. Thronson (2005), ‘Of Borders and Best Interests: Examining the Experiences of Undocumented Immigrants in US Family Courts’, Texas Hispanic Journal of Law and Policy, 11, Fall, 45–73 B Child Abduction 23. Carol S. Bruch (2004), ‘The Unmet Needs of Domestic Violence Victims and Their Children in Hague Child Abduction Convention Cases’, Family Law Quarterly, 38 (3), Fall, 529–45 24. E.M. Clive (1997), ‘The Concept of Habitual Residence’, Juridical Review, 3, 137–47 25. Rhona Schuz (2002), ‘The Hague Child Abduction Convention and Children’s Rights’, Transnational Law and Contemporary Problems, 12, Fall, 393–452 26. Nigel V. Lowe and Victoria Stephens (2012), ‘Global Trends in the Operation of the 1980 Hague Abduction Convention’, Family Law Quarterly, 46 (1), Spring, 41–86 C Child Support 27. William Duncan (2009), ‘The New Hague Child Support Convention: Goals and Outcomes of the Negotiations’, Family Law Quarterly, 43 (1), Spring, 1–20 28. Badruddin Hj Ibrahim and Azizah Mohd (2011), ‘The Child’s Right to Maintenance: The Extent of the Family’s Responsibilities in Islamic Law and According to the Family Law Provisions of Muslim Countries’, Arab Law Quarterly, 25 (4), 401–22 29. Christine Skinner and Jacqueline Davidson (2009), ‘Recent Trends in Child Maintenance Schemes in 14 Countries’, International Journal of Law, Policy and the Family, 23 (1), April, 25–52 D Child and Adult Protection 30. Ann Laquer Estin (2011), ‘Global Child Welfare: The Challenges for Family Law’, Oklahoma Law Review, 63 (4), Summer, 691–722 31. Joëlle Long (2013), ‘Rethinking Vulnerable Adults’ Protection in the light of the 2000 Hague Convention’, International Journal of Law, Policy and the Family, 27 (1), April, 51–73 32. Robert G. Spector (2013), ‘The Vienna Convention on Consular Relations: The Most Neglected Provision of International Family Law’, Transnational Law and Contemporary Problems, 22, Fall, 643–54 Index

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Book SynopsisThe Impact of Institutions and Organisations on European Family Law looks at the impact that institutions and organisations have had, and continue to have, on European family law. In many ways the chapters in this volume provide the easiest explanation for the existence of a European family law. While there is no European body that could actually legislate definitively on family law even the European Union has no such mandate there are still some obvious institutions that have a very direct impact on European family law. These can be divided into two groups; namely those that have a direct impact, such as the European Court of Human Rights and the European Union, and those that have an indirect impact, such as the Commission on European Family Law (CEFL), the Council of Europe and the International Commission on Civil Status (ICCL/CIEC) as well as the private international law instruments of the Hague Conference (HCCH) and the EU. Together, with religion, all of these institutions are contributing to the creation of 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: H. Baker, K. Boele-Woelki, D. Coester-Waltjen, G. De Baere, M. Groff, K. Gutman, N. Lowe, J. Mair, D. Martiny, W. Pintens, J.M. ScherpeTrade 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 1: The Impact of Institutions and Organisations on European Family Law Jens M. Scherpe 1. The Impact of the European Union and the European Court of Justice on European Family Law Geert De Baere and Kathleen Gutman 2. The Impact of the European Convention on Human Rights and the European Court of Human Rights on European Family Law Dagmar Coester-Waltjen 3. The Impact of the Council of Europe on European Family Law Nigel Lowe 4. The Impact of the International Commission on Civil Status (ICCS) on European Family Law Walter Pintens 5. The Impact of the Hague Conventions on European Family Law Hannah Baker and Maja Groff 6. The Impact of the Commission on European Family Law (CEFL) on European Family Law Katharina Boele-Woelki 7. The Impact of the EU Private International Law Instruments on European Family Law Dieter Martiny 8. The Impact of Religion on European Family Law Jane Mair Index

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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 SynopsisThis Elgar Advanced Introduction provides key insights into family law in the US. In the midst of consequential changes wrought by the US Supreme Court, this book traces the evolution of the field from its origins in the law of domestic relations to the more modern regime of family law.

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Book SynopsisThis Elgar Advanced Introduction provides key insights into family law in the US. In the midst of consequential changes wrought by the US Supreme Court, this book traces the evolution of the field from its origins in the law of domestic relations to the more modern regime of family law.

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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 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 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 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 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 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 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 SynopsisCrossover Children in the Youth Justice and Child Protection Systems explores the outcomes faced by the group of children who experience involvement with both child protection and youth justice systems across several countries, including the United States, United Kingdom, Canada, New Zealand, and Australia. Situated against a backdrop of international evidence and grounded in a two-year study with the Childrenâs Court in Victoria, Australia, this book presents a cohesive picture of the backgrounds, characteristics, and pathways traversed by crossover children. It presents statistical data from 300 crossover Childrenâs Court case files, alongside the expert evidence of 82 professionals, to generate a comprehensive picture of the lives of crossover children, and the individual and systemic challenges that they face. The book investigates the crucial question of why some children involved with child welfare systems experience particularly poor criminal justice outcomes, demonstrating how the convergence of cumulative childhood adversity, complex support needs, and systemic disadvantage produces acutely damaging outcomes for some crossover youth. It outlines the implications of the study, including how these findings might shape diversion and differential justice system responses to child protection-involved youth, and the innovative approaches adopted internationally to avert the care to custody pathway. This book is internationally relevant and will be of great interest to students and scholars of criminology and law, social work, psychology, and sociology, as well as legal, welfare, and government agencies and policy developers, non-government peak bodies and services, professional probation services, case managers, health and mental health services, disability and drug treatment agencies, and others who work with both young offenders and the design and implementation of policy and legislation.Trade Review"This book provides stories and experiences of ‘crossover children’ and the systems that have not given them the care they need. Unfortunately these stories are far from rare. By providing an analysis that highlights systemic failures, the book is a call to action – we need to ‘disrupt the pipeline’ from child protection and out-of-home care to youth justice." — Julie Edwards, CEO of Jesuit Social Services, Australia"This research provides an unflinching account of the criminalisation of childhood abuse and trauma, detailing the overlap of children in the youth justice and child protection systems. Attention to these children is long overdue; this research provides a vital and unprecedented picture of their experiences and their pathways into and beyond the youth justice system. It is research that absolutely must be used to inform the major improvements needed to ensure children get the support they deserve and need." — Liana Buchanan, Principal Commissioner for Children and Young People, Victoria, Australia "Children who are in both the youth justice and care and protection systems usually have the most complex cases and worst prognosis of all who come before the court. Many pass through with little or nothing happening to change their trajectories toward adult offending. Paradoxically they are perhaps the least understood and worst catered for because we have not had the quality of information necessary to help inform effective ways to manage them. In some courts, strategies such as crossover lists have been adopted to try and improve the way such cases are managed but, more often than not, these are ad hoc and based on anecdotal evidence only.The type of thorough research, wide consultation and careful analysis needed to properly inform the necessary systemic change is contained in this excellent and thoughtfully compiled book. It captures the wide range of factors to be considered including the true scale of the issue and the diversity of perspectives held by the numerous professionals and agencies interested in the subject. For that reason, it should be compulsory reading for that entire audience including academics and policy makers.It also goes beyond other research I have read by not only analysing data and looking at trends but also providing explanations for the trends and taking both a big picture and close-up look at the issues. Importantly too, it not only considers the various risk factors for these children but also reminds us that risk is not the same thing as destiny when the right opportunities are provided." — Judge Tony Fitzgerald, District and Youth Court Judge, New ZealandTable of Contents1. Child Protection and Youth Offending: A Cross-National Concern2. Government and Policy Developments Related to Crossover Children 3. The Characteristics and Pathways of Crossover Children: The Study Explained 4. Court Records: The Profile of "Crossover Kids" 5. Crossover Kids: Professionals’ Perspectives on Offending and Desistance 6. Culture and Indigeneity: Risk and Responses for Indigenous Crossover Children 7. The Nature and Contexts of Offending Among Crossover Children 8. Crossover Children: Where Criminogenic Risk Meets Systemic Disadvantage 9. Disrupting the Pipeline: Decriminalising Child Protection-Involved Youth

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This book explains and discusses how a childâs right to freedom of expression is upheld through practice and decision-making in Child Protection Services (CPS). Using the right to expression as stipulated in Article 12.2 of the United Nations Convention on the Rights of the Child (CRC) as a point of departure, it explains what CPS practices should look like and how they must operate to uphold and enforce the rights of the child by providing the opportunity to be heard in any administrative practice. Current research literature documents extensively, and across countries, how either the voice of the child is not heard or, alternatively, the existence of a pro forma/tokenistic approach to listening to the child throughout CPS practices. Taking a three-fold approach, this book establishes a clearer connection between rights and professional practice according to Article 12 extrapolates how rights-based practice is achieved during CPS practi

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