Family law Books

Book SynopsisSex, Sexuality, and the Constitution persuasively demonstrates the need to entrench protections for individual sexual autonomy within constitutional law. Table of ContentsIntroduction1 Sexual Autonomy: Sex, Childbirth, and the Constitution2 Sexual Freedom: The Right to Decide One’s Sexual Identity and the Right to Have Sex3 Rape: The Right Not to Be Forced to Have Sex4 Childbirth: The Right to Have a Child5 Abortion: The Right Not to Be Forced to Have a Child6 Sex, Childbirth, and the Government: Sexual Freedom, Freedom of Choice, and Population PolicyConclusionList of Caselaw, Legislation, and TreatiesNotes; Index

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Book SynopsisDemonstrates how parental and sexual identities are formed and interpreted in law, and how gay and lesbian parents can harness indeterminacy to transform family lawTrade Review"You could learn about the law that governs LGBT parents and their children by reading all the 316 reported court opinions about them from the last half centuryor you could read this one book. Through her analysis of majority and dissenting opinions and her interviews with lawyers, judges, and parents, Richman deftly demonstrates that the legal standard & best interests of the child and the terms & family and & parent necessarilyand imperfectlyevolve. The path forward requires understanding where weve been. Thanks to Richman, that path just got a whole lot clearer." -- Nancy D. Polikoff,author of Beyond (Straight and Gay) Marriage: Valuing All Families under the Law"No one has written more comprehendingly or searchingly about the topic of gay and lesbian custody and adoption than Richman. Courting Change is a must-read for scholars, students, and activists interested in family law and lesbian and gay rights." -- Verta Taylor,University of California, Santa Barbara"Richmans extensive archive and innovative approach supplies an instructive guide to how scholars can integrate various approaches to the law to influence judges, legal advocates, and other interested parties" * Law and Politics Book Review *"Richman’s exemplary scholarship reminds us of the incremental gains made by queer advocates and just how much work we have left in front of us." * Law and Politics Book Review *Table of ContentsAcknowledgments Preface: Putting a Face on the Debate 1. Introduction: Situating the Meanings of Marriage 2. The Road to Same-Sex Marriage: The Beginning 3. The Rite as Right: Marriage as Material Right, Marriage as Strategy 4. Marriage as Protest: The Political Dimensions of Marital Motivation 5. Marriage as Validation: Subjects before (and after) the Law 6. Making It Personal: Marriage, Emotion, and Love inside and outside the Law 7. Conclusion: The Multiple Meanings of Marriage Appendix 1: Survey Instrument Appendix 2: Overview of Survey Findings Notes Index About the Author

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Book SynopsisParenting Coordination is a child-centered process for conflicted divorced and divorcing parents. The Parenting Coordinator (PC) makes decisions to help high-conflict parents who cannot agree to parenting decisions on their own. This professional text serves as a training manual for use in all states and provinces which utilize Parenting Coordination, addressing the intervention process and the science that supports it. The text offers up-to-date research, a practical guide for training, service provision, and references to relevant research for quality parenting coordination practice. Specifically, this book describes the integrated model of Parenting Coordination, including the Parent Coordinator''s professional role, responsibilities, protocol for service, and ethical guidelines.

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Book SynopsisThis new edition is a comprehensive, accessible, and practical guide to the provisions of the Inheritance (Provision for Family and Dependants) Act 1975. It provides up-to-date guidance on the law, practice, and procedure on the ever-increasing applications for financial provisions under the Act.Table of ContentsTable of Cases Table of Statutes Table of Statutory Instruments Table of Guides and Codes of Practice Table of International Materials 1 INTRODUCTION 1.1 Background 1.2 Urgent need for law reform 2 PROOF OF DEATH AND DOMICILE 2.1 Introduction 2.2 Proof of death 2.3 Domicile 2.4 Domicile of origin 2.5 Domicile of dependency 2.6 Domicile of choice 2.6.1 Residence 2.6.2 Intention 2.6.3 Burden of proof 2.6.4 Standard of proof 2.6.5 Evidence 2.6.6 Summary 3 TIME LIMITS 3.1 Introduction 3.2 Commencement of the period of 6 months 3.2.1 Grant ad colligenda bona 3.2.2 Grant pending determination of claim 3.2.3 Grant ad litem 3.2.4 Grant in common form 3.2.5 Successive grants 3.2.6 De bonis non grant 3.2.7 Cessate grant 3.2.8 Authority to the Official Solicitor to obtain a grant: Senior Courts Act 1981, section 116 3.2.9 Standing search for grant 3.3 Can a claim be made before grant? 3.3.1 The position post-1 October 2014 3.4 Applications in respect of joint property – I(PFD)A 1975, section 9 3.5 Extension of time 3.5.1 Powers of the court 3.5.2 The relevant criteria to be applied in an application for extension of time 3.5.3 Merits of the claim 3.5.4 Delay in bringing the claim 3.5.5 Negotiations 3.5.6 Distribution of the estate 3.5.7 Claimant’s possible claim against third parties or solicitors 3.5.8 Conscious decision not to make a claim 3.5.9 Claimant under disability 3.5.10 Delay caused by application for public funding 3.6 Procedure 3.7 Burden of proof 4 CLAIMANTS 4.1 Introduction 4.2 Spouse of the deceased 4.2.1 Proof of marriage 4.2.2 Polygamous and potentially polygamous marriages 4.2.3 Void marriages 4.2.4 Rights of spouse to void marriage under the I(PFD)A 1975 4.2.5 Marriage entered into in good faith 4.2.6 Distinction between void marriage and non-marriage 4.2.7 Effect of annulment of void marriage to claim under the I(PFD)A 1975 4.2.8 Voidable marriage 4.2.9 Marriage with a transsexual – Gender Recognition Act 2004 4.2.10 Separation of married couples by judicial separation order (formerly decree of judicial separation) 4.3 Civil partner of the deceased 4.3.1 Proof of civil partnership 4.3.2 Void civil partnership 4.3.3 Voidable civil partnership 4.3.4 Civil partnership entered into in good faith 4.3.5 Effect of dissolution or annulment of civil partnership 4.3.6 Effect of marriage overseas between same sex couples 4.3.7 Separation order in the case of civil partnership 4.3.8 Effect on claim made by surviving spouse/civil partner by the subsequent marriage/civil partnership before the claim is determined 4.4 Former spouse of the deceased who has not remarried 4.4.1 Overseas divorce and talaq 4.4.2 Application of I(PFD)A 1975, section 14 4.4.3 Restrictions imposed in matrimonial proceedings under I(PFD)A 1975, sections 15 and 15A 4.5 Former civil partner of the deceased 4.5.1 Application of I(PFD)A 1975, section 14A 4.5.2 Restrictions imposed in proceedings for the dissolution, etc of a civil partnership on an application under I(PFD)A 1975, section 15ZA 4.6 Cohabitant of the deceased 4.6.1 Whole of the 2 years immediately before the date when the deceased died 4.6.2 Living in the same household 4.6.3 As the husband or wife of the deceased 4.6.4 Same sex cohabitants post-5 December 2005 4.6.5 Same sex cohabitants pre-5 December 2005 4.7 Child of the deceased 4.7.1 Presumption of legitimacy 4.7.2 Legitimation 4.7.3 Legitimation and same sex female partners 4.7.4 Child of void marriage 4.7.5 Adopted child 4.7.6 Child born as a result of infertility treatment 4.7.7 Mistaken transfer of sperm 4.7.8 A child who is the subject of a parental order 4.7.9 Declaration of parentage, legitimacy and legitimation 4.8 Any person treated as a child of the family 4.9 Any person (not being a person included in the forEgoing paragraphs) who immediately before the death of the deceased was being maintained either wholly or partly by the deceased 4.9.1 Being maintained 4.9.2 Substantial contribution 4.9.3 Reasonable needs 4.9.4 Otherwise than for full valuable consideration pursuant to an arrangement of a commercial nature 4.9.5 Immediately before the death of the deceased 5 FORFEITURE 5.1 Introduction 5.2 Order modifying the effect of the rule 5.3 Three-month time limit – when time begins to run 5.4 Relevant factors for modifying the effect of the Act 5.5 Further illustration of the application of section 2(2) 5.6 Does the forfeiture rule affect trusts? 5.7 Summary 6 BASIS OF THE CLAIM 6.1 Grounds on which a claim may be made 6.2 Meaning of ‘reasonable financial provision’ 6.2.1 Surviving spouse/civil partner and judicially separated spouse/civil partner 6.2.2 Surviving spouses/civil partners and those who come within I(PFD)A 1975, sections 14 and 14A 6.2.3 Claim by surviving husband 6.2.4 Judicially separated spouse/civil partner and former spouse/civil partner 6.2.5 All other claimants 6.3 Meaning of ‘maintenance’ 6.3.1 Maintenance in relation to claimants on state benefits 7 MATTERS TO WHICH THE COURT IS TO HAVE REGARD 7.1 Introduction 7.2 Relevant date for consideraton of section 3 factors 7.3 Criteria in I(PFD)A 1975, section 3 7.3.1 Surviving spouse/civil partner 7.3.2 Former spouse/civil partner of the deceased who has not remarried or formed a subsequent civil partnership, and cohabitants 7.3.3 Child of the deceased 7.3.4 Person treated as a child of the family 7.3.5 Any other person who was being maintained by the deceased 7.4 Financial resources and financial needs – I(PFD)A 1975, section 3(1)(a)–(c) 7.4.1 Financial resources 7.4.2 Financial needs 7.5 Deceased’s obligations and responsibilities – I(PFD)A 1975, section 3(1)(d) 7.6 Size and nature of the net estate – I(PFD)A 1975, section 3(1)(e) 7.7 Physical and mental disability of any claimant or beneficiary – I(PFD)A 1975, section 3(1)(f) 7.8 Any other matter including conduct – I(PFD)A 1975, section 3(1)(g) 7.8.1 The deceased’s reasons 7.8.2 Claimant’s wish to pass assets to beneficiaries of choice 7.8.3 Conduct 7.8.4 Proprietary estoppel 7.8.5 Constructive trust 7.8.6 Rule in Rochefoucauld v Boustread 7.8.7 Doctrine of mutual wills 7.9 Factors relevant to a surviving spouse, former spouse, civil partner and cohabitants 7.9.1 Age 7.9.2 Duration of marriage/civil partnership and cohabitation 7.9.3 Claimant’s contribution to the welfare of the family 7.9.4 Financial contribution 7.10 What the surviving spouse/civil partner might reasonably have expected to receive on divorce/dissolution – divorce comparison test 7.11 Factors which apply to a former spouse/civil partner or cohabitant 7.11.1 Matrimonial proceedings and disentitlement orders under I(PFD)A 1975, sections 15, 15ZA, 15A and 15B 7.12 Claim by surviving husband/cohabitant 7.13 Claims by children of the deceased and children of the family – I(PFD)A 1975, section 1(1)(c) and (d) 7.14 Claims by person maintained by the deceased – I(PFD)A 1975, section 1(1)(e) 7.15 Assumption of responsibility by the deceased – I(PFD)A 1975, section 3(3) and (4) 8 POWERS OF THE COURT TO MAKE ORDERS 8.1 Introduction 8.2 Periodical payments – I(PFD)A 1975, section 2(1)(a) 8.2.1 Commencement date 8.2.2 Setting aside and appropriation of property – I(PFD)A 1975, section 2(3) 8.2.3 Supplementary orders and conditions 8.2.4 Secured periodical payments order 8.2.5 Duration of periodical payments order 8.3 Lump sum order – I(PFD)A 1975, section 2(1)(b) 8.3.1 Instalment order 8.3.2 Variation of order 8.3.3 Assessing amount to be awarded 8.4 Transfer of property order – I(PFD)A 1975, section 2(1)(c) 8.5 Settlement of property order – I(PFD)A 1975, section 2(1)(c) 8.6 Acquisition of property order – I(PFD)A 1975, section 2(1)(e) 8.7 Variation of nuptial settlement – I(PFD)A 1975, section 2(1)(f) and (g) 8.7.1 Has there been a settlement? 8.7.2 How should the court exercise its discretion? 8.8 Consequential and supplemental orders – I(PFD)A 1975, section 2(4) 8.9 Interim orders – I(PFD)A 1975, section 5 8.9.1 Conditions precedent 8.9.2 Matters to be considered 8.9.3 Orders that can be made 8.9.4 Personal representatives and interim orders – I(PFD)A 1975, section 20(2) 8.10 Injunctions 8.11 Variation, discharge, suspension and revival of orders – I(PFD)A 1975, section 6 8.11.1 Who may apply? 8.11.2 Orders that can be made – I(PFD)A 1975, section 6(2)–(4) 8.11.3 Meaning of ‘relevant property’ 8.11.4 Matters to be considered 8.11.5 Time limits 8.11.6 Commencement of the order 8.12 Variation and discharge of secured periodical payments orders made under Matrimonial Causes Act 1973 – I(PFD)A 1975, section 16 8.12.1 Who may apply? 8.12.2 Provisions of Children Act 1989, Schedule 1 8.13 Variation and revocation of maintenance agreements – I(PFD)A 1975, section 17 8.13.1 Meaning of ‘maintenance agreement’ 8.13.2 Orders that can be made 8.13.3 Criteria to be applied by the court 8.13.4 Effect of the order 8.14 Court’s powers in relation to applications under Matrimonial Causes Act 1973, sections 31 and 36 and CPA 2004, Schedule 5, paragraphs 60 and 73 – I(PFD)A 1975, section 18 8.14.1 Time limit 8.15 Effect, duration and form of orders – I(PFD)A 1975, section 19 9 THE NET ESTATE 9.1 Introduction 9.2 Definition – I(PFD)A 1975, Section 25(1)–(3) 9.3 Property which the deceased had power to dispose of by will 9.4 Property under general power of appointment 9.5 What may be deducted from the net estate? 9.6 Nominated property – I(PFD)A 1975, Section 8(1) 9.6.1 Insurance policies and pension schemes 9.7 Donatio mortis causa – I(PFD)A 1975, section 8(2) 9.7.1 What is donatio mortis causa? 9.8 Property held on joint tenancy – I(PFD)A 1975, section 9 9.8.1 Time limit 9.8.2 Meaning of ‘property’ 9.8.3 Severance 9.8.4 Circumstances in which an order will be considered 9.8.5 Criteria which will be applied 9.8.6 Facilitating the making of financial provision/and appears to be just 9.8.7 Meaning of ‘at the value thereof’ 9.9 Foreign property 9.9.1 Jurisdiction 9.9.2 Law of succession 9.9.3 EU Regulation 650/2012 10 DISPOSITIONS INTENDED TO DEFEAT FINANCIAL PROVISION 10.1 Introduction 10.2 Inter vivos disposition 10.2.1 Condition precedent for an order 10.2.2 Meaning of ‘disposition’ 10.2.3 Full valuable consideration 10.2.4 Intention of defeating a claim 10.2.5 Matters the court will take into consideration 10.2.6 Orders that can be made 10.2.7 Donee’s right to apply 10.3 Contracts to leave property by will 10.3.1 Condition precedent for an order 10.3.2 Contract 10.3.3 Intention to defeat a claim 10.3.4 Full valuable consideration 10.3.5 Matters to be considered by the court 10.3.6 Orders that can be made under I(PFD)A 1975, section 11 10.3.7 Where money has been paid 10.3.8 Where money has not been paid 10.3.9 Position of donee who is a trustee 10.3.10 Restrictions on the court’s powers 10.3.11 Rights of persons to enforce the contract 11 PERSONAL REPRESENTATIVES AND TRUSTEES 11.1 Introduction 11.2 Liabilities under the I(PFD)A 1975 11.3 Protection afforded by I(PFD)A 1975, section 20 11.3.1 Responsibilities and duties after proceedings have been issued 11.4 Trustees 12 PROCEDURE 12.1 Introduction 12.2 Pre-action Protocol 12.3 Venue 12.4 Claim form 12.4.1 Contents 12.4.2 Time limits 12.4.3 Application under I(PFD)A 1975, section 9 for severance of joint tenancy 12.4.4 Application under I(PFD)A 1975, sections 10 and 11 to set aside transactions made by the deceased with the intention of defeating or reducing a claim under the Act 12.4.5 Claimants 12.4.6 Defendants 12.5 Claimant’s witness statements/affidavit 12.6 Party under disability 12.7 Service 12.8 Acknowledgement of service and defendant’s evidence 12.8.1 Position of personal representative who is a defendant 12.8.2 Other defendants 12.8.3 Claimant’s reply 12.9 Interlocutory matters, directions and case management 12.10 Disclosure 12.11 Attempts/offers to settle 12.11.1 CPR Part 36 offer 12.11.2 Calderbank offers 12.12 Hearing 12.13 Endorsement of memorandum on grant 12.14 Drawing up and service of orders 12.15 Subsequent applications 12.15.1 Procedural guide 13 APPEALS 13.1 Introduction 13.2 Permission to appeal 13.3 Route of appeal 13.4 Time limits 13.5 Stay of execution 13.6 Grounds of appeal 13.7 Procedure 13.7.1 Appellant’s notice 13.7.2 Amendment of appeal notice 13.7.3 Respondent’s notice 13.8 Procedural tables Appeal from a county court judge or High Court to the Court of Appeal Appeal to the Supreme Court APPENDICES Precedents A1 Application for a postal search of the probate records of England and Wales, Form PA1S A2 Example claims to be included in the Part 8 claim form A3 Witness statement by the claimant (a surviving spouse) A4 Witness statement of the personal representative A5 Witness statement by a cohabitant of the deceased A6 Witness statement of an adult person treated as a child of the family A7 Draft orders Legislation A8 Inheritance (Provision for Family and Dependants) Act 1975 A9 Civil Procedure Rules, Part 57 – Probate and Inheritance, Extract A10 Civil Procedure Rules, Practice Direction 57 – Probate Practice Guidance A11 ACTAPS Practice Guidance for the Resolution of Probate and Trust Disputes (ACTAPS Code) Index

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Book SynopsisThe new edition of this popular title has been extensively updated to provide a practical guide to the complexities of the Children Act 1989 and subsequent child protection legislation, guidance and case law.

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Book SynopsisIn 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. 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.Table 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 SynopsisA study of the effects of mandatory arrest and no-drop prosecution on offenders. It argues that the promise for defeating intimate partner abuse lies in better matching the tactics of state power to the goals of victim empowerment and offender responsibility and to exercise such force through mechanisms that do not exacerbate social inequality.Trade ReviewThis is an ambitious book that has important implications for our theoretical understanding of the effects of criminal justice interventions on people arrested for domestic violence and for our evaluations of the practical utility of presumptive arrest and prosecution for violence. -- Kristin L. Anderson, Western Washington UniversityI have been working in this general area for more than 30 years and have recently published a book focusing on the criminal justice response to abuse. But, I learned a considerable amount from this book and found myself underlining whole passages to think more about. So it is stimulating, not merely informative. -- Evan Stark, Rutgers UniversityTable of ContentsTable of Contents Acknowledgments Introduction 1: The Practice of Mandatory Arrest 2: The Practice of No-Drop Prosecution 3: Research Participants and Their Violence 4: Abusers' Experiences with Mandatory Arrest and No-Drop Prosecution 5: Abusers' Relation to Violence 6: Change in the Lives of Abusers Conclusion Appendix A: Description of Research Methods Appendix B: Classification of Research Participants Notes Works Cited Index

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Book SynopsisThis book traces the evolution of the welfare interests of the child principle over the centuries in England & Wales to provide a record of the key milestones in its development. It does so by comparing and contrasting the part it has played in the public â care, protection and control â and in the private â matrimonial, adoption etc â sectors of family law.By analysing the content of the principle this book discloses the essence of what has been termed âthe golden thread running through the common lawâ. By considering the ways in which the legal system has shaped and been shaped by the principle, it reveals its structural influence. By identifying and assessing the significance of its operational role and functions, it shows how this principle has changed the law relating to children.In addition to a digest of cases and legislation that tracks the evolution of this legal principle, academics and other researchers will find a wealth of information on how that ev

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Book SynopsisBalancing a child's welfare interests and rights so as to ensure recognition and respect for his or her autonomous identity, while facilitating family unity, has become a major challenge for modern family law. This book, following on from The Principle of the Welfare of the Child: A History, examines, contrasts, and compares the response of England and Wales and Ireland to that challenge. It does so by applying the same matrix of indicators to explore, in each country, the distinction between welfare interests and rights and to trace changes in the balance between them. By profiling the nations in accordance with the same indicators, it reveals important jurisdictional differences in the extent to which welfare interests or rights determine how the law is currently applied to children.Table of ContentsAcknowledgements Introduction PART IMoving away from a traditional interpretation of welfare 1 Children: Their welfare interests and the law 2 Advocates for change PART IIShaping the modern welfare principle 3 Domestic influences 4 International influences PART IIIProfiling contemporary jurisdictional experiences of welfare5 England and Wales 6 Ireland PART IVJurisdictional analysis of a child’s welfare/rights: A thematic approach 7 Themes and a comparative jurisdictional analysis Conclusion Selected Bibliography Index

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Book SynopsisThis book provides a socio-legal analysis of the public participation of children in climate change matters, whilst developing a range of tools through which their participation can be increased. Climate change affects young people in many ways: causing severe threats to child survival, health and wellbeing, food security and nutrition, and access to education. But this book maintains that children and youth are not to be identified solely with their vulnerability to climate change. They are also key stakeholders in the sustainable implementation of long-term climate change policies, and their inclusion in decision-making processes is a measure of intergenerational equity. Children's rights law is vague about the right to public participation or the environmental rights of children as such. In response, this book examines the often-informal network of pathways through which the public participation of children takes place: from high level conferences and governance structuresTable of Contents1. Climate Citizenship of Children - A Sociolegal Model 2. 'In All Matters That Affect Them': Children as Primary Stakeholders in Climate Change Governance 3. Empowered Spaces of Public Participation in the United Nations Climate Change Governance System: But Where Are The Children? 4. Citizenship in Action: Demanding Climate Justice Through Social Movement Activism 5. 'Bold and Courageous': Climate Change Litigation with Children

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Book SynopsisThis book introduces readers to the concept of parental alienation (PA), a belief system that is used with increasing frequency in judicial child custody and parenting plan decisions.PA is essentially a legal concept without validated psychological definition, assuming that children who resist contact with one divorced parent have in many cases been âœbrainwashedâ or persuaded to do so by the machinations of the preferred parent. PA proponents assert that courts should transfer child custody to the avoided parent and prohibit contact between the child and the preferred parent. Unfortunately, the outcomes of such decisions, as reported by parents and their now-adult children, suggest that application of the PA concept is neither safe nor effective as a response to childrenâs resistance to contact with a parent. Providing an overview of the concept of parental alienation, methods of identifying PA cases, and court-ordered treatments for children and parents, the book uses seven

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Book SynopsisThis introduction to social work with children and young people who are looked after (in care or accommodated) by statutory or voluntary agencies is the only textbook on the subject which addresses this area of work across all four nations of the UK.Providing a clear theoretical and ethical basis, it introduces and develops a set of core themes, reflective of contemporary developments including: â the influence of, and tensions between, dominant discourses that shape the social work service (relationship-based practice, early intervention and prevention, social innovation, evidence-based practice and outcomes); â the use and abuse of concepts of âchildrenâs needsâ and âbest interestsâ; â ideas of parenting and parental responsibility, and the relationships between children, families, communities and the state; â the importance of recognising that children and young people have rights and considering their views; â trauma, trauma-informed practice, transitions and resilience.With chapters addressing a sequence of topics â assessment and planning, residential and foster care, leaving care, and permanence â there is a specific focus on working with disabled children, children from minority ethnic communities, and marginalised groups of children and young people, including refugees and asylum seekers, LGBTQIA+ children and those who have been trafficked.Packed full of useful pedagogical features, including material on the legal and policy context, summaries of research evidence, notes for good practice, group teaching exercises, references to legislation and guidance, and guides to further reading, it will be core reading on any child and family care modules, general preparation for practice courses, Frontline, Step Up, as well as for all social work practitioners.

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Book SynopsisCountries around the world are facing pressing needs to enhance financial planning mechanisms for individuals with cognitive impairment. The book provides the first comparative study of the three most common of such mechanisms in Asia and the West, namely guardianship, enduring/lasting powers of attorney, and special needs trusts. It involves not only scholarly overviews of the mechanisms in the jurisdictions studied, but also thorough, structured and critical reviews of their operational experiences. This book will have broad appeal to scholars, students, law and policy makers and practitioners in the fields of mental disability, healthcare and elder law. It is widely recognised in the field that books like this one are needed. This book will also be of interest to undergraduate and graduate students in mental health, disability law and elder law.Table of ContentsPart I. Adult Guardianship: 1. Adult guardianship and other financial planning mechanisms for people with cognitive impairment in Australia Terry Carney; 2. The role of guardianship in the special needs plan in Saskatchewan, Canada James H. Gillis; 3. Japanese adult guardianship laws: developments and reform initiatives Makoto Arai; 4. The use of trusts in Taiwan's adult guardianship system Tai Yu-Zu; Part II. Lasting/Enduring Power of Attorney: 5. Adult guardianship and powers of attorney in England and Wales Denzil Lush; 6. Supported decision-making and enduring powers: innovations in Ireland Áine Hynes; 7. Developments in enduring powers of attorney law in Australia Trevor Ryan; 8. Financial planning mechanisms available to persons with special needs in Singapore Tang Hang Wu; Part III. Special Needs Trust: 9. What will happen when I'm gone? Dana Katherine Birkes; 10. The Wispact Trusts: making a difference in a means-tested support system Roy Froemming; 11. SNTC's operational experience as Singapore's first non-profit trust company Esther Tan and Amelia Leo; 12. A new perspective in adult guardianship and trusts in Korea Cheolung Je; 13. Reforming enduring powers and launching a special needs trust in Hong Kong Lusina Ho and Rebecca Lee.

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Book SynopsisCountries around the world are facing pressing needs to enhance financial planning mechanisms for individuals with cognitive impairment. The book provides the first comparative study of the three most common of such mechanisms in Asia and the West, namely guardianship, enduring/lasting powers of attorney, and special needs trusts. It involves not only scholarly overviews of the mechanisms in the jurisdictions studied, but also thorough, structured and critical reviews of their operational experiences. This book will have broad appeal to scholars, students, law and policy makers and practitioners in the fields of mental disability, healthcare and elder law. It is widely recognised in the field that books like this one are needed. This book will also be of interest to undergraduate and graduate students in mental health, disability law and elder law.Table of ContentsPart I. Adult Guardianship: 1. Adult guardianship and other financial planning mechanisms for people with cognitive impairment in Australia Terry Carney; 2. The role of guardianship in the special needs plan in Saskatchewan, Canada James H. Gillis; 3. Japanese adult guardianship laws: developments and reform initiatives Makoto Arai; 4. The use of trusts in Taiwan's adult guardianship system Tai Yu-Zu; Part II. Lasting/Enduring Power of Attorney: 5. Adult guardianship and powers of attorney in England and Wales Denzil Lush; 6. Supported decision-making and enduring powers: innovations in Ireland Áine Hynes; 7. Developments in enduring powers of attorney law in Australia Trevor Ryan; 8. Financial planning mechanisms available to persons with special needs in Singapore Tang Hang Wu; Part III. Special Needs Trust: 9. What will happen when I'm gone? Dana Katherine Birkes; 10. The Wispact Trusts: making a difference in a means-tested support system Roy Froemming; 11. SNTC's operational experience as Singapore's first non-profit trust company Esther Tan and Amelia Leo; 12. A new perspective in adult guardianship and trusts in Korea Cheolung Je; 13. Reforming enduring powers and launching a special needs trust in Hong Kong Lusina Ho and Rebecca Lee.

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Book SynopsisJurisdictional Exceptionalisms examines the legal issues associated with a parent''s forced removal of their children to reside in another country following relationship dissolution or divorce. Through an analysis of Public and Private International Laws, and Islamic law - historical and as implemented in contemporary Muslim Family Law States - the authors uncover distinct legal lexicons that centre children''s interests in premodern Islamic legal doctrines, modern State practice, and multilateral conventions on children. While legal advocates and policy makers pursue global solutions to parental child abduction, this volume identifies fundamental obstacles, including the absence of shared understandings of jurisdiction. By examining the relevant law and practice, the study exposes the polarised politics embedded in the technical legal rules on jurisdiction. Presenting a new, innovative method in comparative legal history, the book examines the beliefs, values, histories, doctrines, inTrade Review'International parental child abduction is a global problem. It is the subject of the 1980 Hague Abduction Convention which is generally regarded as a successful international family law instrument and to which there are 101 Contracting States. However, very few of those States are what Emon and Khaliq describe as Muslim Family Law States. Furthermore, until now, there has been no extensive treatise examining the problem from an Islamic perspective. Judicial Exceptionalisms plugs this gap and provides a challenging analysis both of the problems that parental child abduction creates and of the difficulties that Muslim Family Law States face in acceding to the 1980 Convention. In its conclusion, the authors thoughtfully explore the options that Muslim Family Law States might adopt in going forward in reaching an international agreement on how to deal with abduction.' Nigel Lowe, QC (Hon), Emeritus Professor of Law, Cardiff UniversityTable of ContentsDedication; Preface and Acknowledgements; List of Abbreviations; 1. Introduction: Part I. 2. The Hague System on International Child Abduction; 3. Muslim Majority States, Human Rights Treaty Obligations and The Hague Abduction Convention; Part II. 4. Islamic Law and Child Custody; 5. Jurisdictional Exceptionalism and Islamic Law; 6. Private International Law, Islamic Family Law States, and Strategic Jurisdiction; 7. Conclusion; Bibliography; Index.

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Book SynopsisHow should we understand transgenderism, especially as it affects children and adolescents? Psychiatric manuals include transgenderism among mental illnesses (Gender Identity Disorder). Such inclusion is relatively recent, and even the words transsexual and transgender were coined only a few decades ago. Yet stories of children with an in-between gender have always been, albeit symbolically, a part of popular culture. Drawing on fairy tales, as well as from personal narratives and clinical studies, this book explains how Gender Identity Disorder manifests in children, critically evaluating various clinical approaches and examining the ethical and legal issues surrounding the care and treatment of these youths. The book argues that Gender Identity Disorder is not pathology, and that medicine and society should assist children in expressing themselves, without attempting to force them to adapt to a gender that does not match with their perceived identity. Table of ContentsIntroduction 1. Transgenderism: Setting the Scene 2. What Is Gender? 3. Gender Identity Development 4. What Is ‘Gender Identity Disorder’? Tales of People in Between 5. Available Treatments for Transgender Children and Adolescents 6. Ethical Issues Surrounding Treatment of Transgender Minors 7. The Treatment of Minors with Gender Dysphoria: Legal Concerns 8. Epistemological Issues Relating to Transgenderism 9. Should Gender Minorities Pay for Medical Treatment? 10. Conclusions

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Book SynopsisThis book is the first to evaluate the recent reforms of UK legal aid from a social policy perspective and assess their impact on family law courts and advocacy. It argues that the reforms effectively delawyerise' disputes, producing a more inquisitorial justice system and impacting the litigants, court system, staff and process.Trade Review"A valuable and timely contribution to the discussion of the impact of reforms to legal aid in England and Wales." Jennifer Sigafoos, University of Liverpool"This social policy perspective on recent legal aid reform provides essential reading for those engaged in access to justice thinking." Pascoe Pleasence, University College LondonTable of ContentsLegal Aid in Crisis; Legal Aid Reform in Historical and International Perspective; Assessing the Consequences of Legal Aid Reform in England and Wales; Towards a Holistic Conception of Legal Aid; Refocussing the Debate about Legal Aid.

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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 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 SynopsisHow do courts reconcile protecting family life with immigration control in human rights cases? This book addresses that question through an analysis of 11 UK Supreme Court decisions on immigration and family life, mostly focusing on Article 8 ECHR, the right to respect for family life, and starting with Huang v SSHD in 2007. The analysis is set against a national context that includes the Human Rights Act 1998 and regular controversies over immigration. The book explains how the European Court of Human Rights jurisprudence has developed in recent years, but, particularly in the absence of children, it often still awards little weight to claims by citizens and residents to be joined by family when immigration status is an issue. This reflects governments’ resistance to encroachment on their control over borders. The Supreme Court decisions show that, despite powers conferred by the Human Rights Act, a more nuanced position in domestic law was difficult to articulate and sustain. The book explores the way in which these problems were reflected in the changing language, argumentation, and structure of judgments. These problems revealed judges to be strategic actors drawing on personal and institutional values and responding to the shifting political context. A more generous reading of Article 8 would be legally coherent but needs wider societal support to be realisable. The book ends with a discussion of how, if such support were present, the jurisprudence could give more weight to the needs of families. It is vital reading for anyone interested in families and immigration, and in the problems and potential of human rights adjudication.Table of Contents1. Introduction: Family Reunification, Human Rights and Judges I. About the Book II. Chapter Outline III. Family Reunification IV. Human Rights and Family Life V. Judges VI. Methodology 2. Introduction to the UK’s Constitutional, Court and Immigration System I. Introduction II. The UK’s Legal and Constitutional Framework III. The Human Rights Act 1998 IV. Regulating Family Reunification in the UK V. The Immigration Control Framework in the UK VI. Appeals and the Court System VII. Conclusion 3. The European Court of Human Rights: Strait is the Gate I. Introduction II. Why is Family Reunification and Article 8 So Problematic? III. Article 8(1): Family Life IV. Article 8(2) Proportionality 1: Immigration Controls, Positive Obligations and the Margin of Appreciation V. Article 8(2) Proportionality 2: Fair Balance VI. Conclusion 4. Huang: Breathing Life into Article 8 I. Introduction II. The Immigration Battleground III. A Sense of Judicial Purpose IV. The Legal Problem Addressed by Huang V. The Legal Findings in Huang VI. ‘Human Beings are Social Animals’ VII. The Aftermath of Huang VIII. The Signifi cance of Huang and its Limits IX. Conclusion 5. ‘Good News from on High’: The First Post-Huang Phase I. Introduction II. Beoku-Betts: Including All the Family III. Chikwamba: Applying In-Country or Abroad IV. EB (Kosovo): Delay, Proportionality and Reinforcing Huang V. Reflections on the First Phase Decisions VI. Conclusion 6. Still Family First: The Second Post-Huang Phase I. Introduction II. Baiai: The Right to Marry III. Mahad: Third Party Support IV. ZH (Tanzania): The Best Interests of Children V. Quila: Forced Marriage and the Minimum Age for Sponsorship or Entry VI. A Complex Relationship with Article 8 VII. Conclusion 7. The Supreme Court Rolls Back: The Third Post-Huang Phase I. Introduction II. A New Background III. Ali and Bibi: Pre-entry Language Testing 0 IV. MM (Lebanon): The Minimum Income Requirement V. Agyarko: Regularisation and Precariousness VI. Reflections on the Third Phase Decisions VII. Reflections on Huang and the Three Phases VIII. Conclusion 8. A Better Article 8 is Possible I. Introduction II. Why Human Rights? III. Stick or Twist? The Case for Treating Family Reunification as a Positive Obligation IV. Family Life Beyond the ‘Core’ Family V. The Public Interest 1: The ‘General Interest’ and Family Life VI. The Public Interest 2: Immigration Control VII. Precarious Residence and Exceptionality VIII. Sponsors and Citizenship IX. Family Life and Immigration: The New Approach in Practice X. Conclusion 9. Concluding Remarks I. Introduction II. The Impact of Article 8 on Immigration Policy III. The Supreme Court as a Moral and Political Actor IV. A Coherent Legal Interpretation of Article 8 V. Final Words: Making Family Matter

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Book SynopsisThis book tells the untold story of the Married Women’s Association. Unlike more conventional histories of family law, which focus on legal actors, it highlights the little-known yet indispensable work of a dedicated group of life-long activists. Formed in 1938, the Married Women’s Association took reform of family property law as its chief focus. The name is deceptively innocuous, suggesting tea parties and charity fundraisers, but in fact the MWA was often involved in dramatic confrontations with politicians, civil servants, and Law Commissioners. The Association boasted powerful public figures, including MP Edith Summerskill, authors Vera Brittain and Dora Russell, and barrister Helena Normanton. They campaigned on matters that are still being debated in family law today. Quiet Revolutionaries sheds new light upon legal reform then and now by challenging longstanding assumptions, showing that piecemeal legislation can be an effective stepping stone to comprehensive reform and highlighting how unsuccessful bills, though often now forgotten, can still be important triggers for change. Drawing upon interviews with members’ friends and family, and thousands of archival documents, the book is compulsory reading for lawyers, legal historians, and anyone who wishes to explore histories of law reform from the ground up. Winner of the SLSA Socio-Legal Theory and History Book Prize 2023. To listen to podcast episodes about the Married Women’s Association, featuring interviews and archival research, visit quietrevolutionaries.podbean.com.Trade ReviewI believe this book to be of central importance to scholars studying the history of women and feminist movements, and family law in the twentieth century. It is so rare for a legal history book to truly convey how and why the law developed in the way it did, and the significance of these developments to the people subject to the legislation. In Quiet Revolutionaries, Sharon Thompson has raised the bar for those of us working in the field. -- Jennifer Aston * Feminist Legal Studies *Sharon Thompson is to be thanked and congratulated for giving us this detailed and perceptive account of the activities of a previously little-known group of quiet but determined activists … A treasure trove, offering newly accessible detail and contributing across so many areas to the understanding of the process of law reform and to the history of feminist thought and strategies for reformers. -- Mavis Maclean * Journal of Law and Society *Quiet Revolutionaries is a fantastic book that should be read by legal historians, practitioners and anyone interested in how legal change is achieved … Drawing upon rich insights from archival and empirical research, this book reveals that ‘the MWA’s story is a microcosm of feminist legal activism’ … Quiet Revolutionaries provides a new way of thinking about that activism and how ‘success’ might be measured for reform projects in family law today. -- Andy Hayward * Financial Remedies Journal *The book is beautifully written, providing the reader with a real sense of what it was like for women (and men) in previous decades, for Thompson has done her research in archives and from interviews and knows the period thoroughly. What it also offers is a properly accurate and nuanced examination of the law and the proposed reforms that one could only get from an experienced teacher of both family law and property law. Quiet Revolutionaries takes feminist legal history – and legal history generally – to a new level. -- Rosemary Auchmuty * Frontiers of Socio-Legal Studies *The influence and importance of the Married Women’s Association and its visionary leading lights ... ought to be much better known, not only among family lawyers but also among everyone who is interested in the movement for women’s equality. Sharon Thompson has enriched our knowledge and understanding by shining a light upon these quiet revolutionaries. * Brenda Hale, Baroness Hale of Richmond, former President of the Supreme Court of the UK [from the foreword] *Quiet Revolutionaries brilliantly illustrates the value of taking a feminist approach to legal history. Meticulously researched and engaging, it shines a light on an overlooked but vitally important campaign for substantive equality within marriage and on the challenges of reforming the law. * Rebecca Probert, Professor of Law, University of Exeter, UK *Economic dependence in marriage was an abiding concern for twentieth-century feminists, but until now we have known too little about how activists used the law as a tool for change. Deeply researched and highly readable, Sharon Thompson’s book recovers the dogged campaigning of the Married Women’s Association, revealing its steely efforts to reshape norms about gender, power and the value of women’s labour in the family. * Helen McCarthy, Professor of Modern and Contemporary British History, University of Cambridge, UK *Table of ContentsForeword by Brenda Hale, Baroness Hale of Richmond Acknowledgments Timeline Archive References List of Abbreviations Prologue: After the Vote 1. Quiet Revolutionaries 2. Housewives: ‘That Vast Army of the Great Unpaid’ Interlude: Juanita Frances 3. A Composite Portrait 4. A New Marriage Law 5. Mrs Blackwell Interlude: A Note About Lord Denning 6. The Split Interlude: Reform Movements Are Like Builders 7. One Step at a Time 8. Resistance as a Reform Strategy Interlude: Poor Reggie 9. Two Steps Forward, One Step Back 10. A Subterranean Influence Afterword Bibliography Index

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Book SynopsisThis book presents a socio-legal examination of national and devolved-level developments in social protection in the UK, through the eyes of politicians and officials at the heart of this process. Since its inception in 1998, devolution has altered the character of the UK welfare state, with dramatic change in the 10 years since 2010. A decade of austerity at national level has exposed diverging view in how governments in London, Edinburgh and Belfast view the social rights of citizenship. This political divide has implications for both social security law, as the devolved countries begin to flex their muscles in this key area for citizens’ economic welfare, and the constitutional settlement. The book reflects on the impact of austerity, the referendum on Scottish independence and subsequent changes to the devolution settlement, Northern Ireland’s hesitant moves away from parity with Westminster in social protection, withdrawal from the European Union (Brexit), and the possible retreat from austerity during the COVID-19 pandemic. The social union may or may not be weakening; its character is unquestionably changing, and the book lays bare the ideological and pragmatic considerations driving legal developments. TH Marshall’s theory of citizenship provides the lens through which these processes are viewed, while itself being reinterpreted in light of the national government’s increasing delegation of responsibility for social rights – whether to individuals, the voluntary sector or lower tiers of government.Trade ReviewWhatever the outcome of current constitutional debates, the questions raised by devolution for social citizenship in general and social security in particular are likely to grow increasingly pertinent. This book provides a valuable signpost to the theoretical and policy issues it poses. -- Ruth Lister * Journal of Social Security Law *This is a path-breaking book that makes an important contribution to our understanding of recent developments in social security. * Journal of Law and Society *Table of Contents1. Introduction: Social Citizenship in an Age of Welfare Regionalism Introduction Social Citizenship Social Security and Multi-level Governance The Social Union and Welfare Regionalism Enter Coronavirus A Socio-legal Study of Social Citizenship Structure of the Book 2. A Socio-legal Perspective on Social Citizenship Introduction Marshall’s Theory of Citizenship: From Civil Rights to a ‘Right to Welfare’ Sources of Rights: Why Citizenship? On the Nature and Enforceability of Social Rights Conclusion 3. Social Citizenship and Multi-level Governance Introduction Social Citizenship and Multi-level Governance The Welfare State in the UK’s Devolution Settlement Towards Devolved Approaches to Social Security Conclusion 4. Twenty-first-century Welfare and the UK Model of Social Citizenship Introduction The Legislative Development of the Twenty-first-century Welfare State Implications for Social Citizenship Social Citizenship in a Pandemic Conclusion 5. Constructing Devolved Social Citizenships: Divergence from the UK Model of Social Security Introduction A Devolved-level Vision for Social Citizenship? Developing Social Security Policy and Systems Divergence in Devolved Social Security Benefits Administration, Service Delivery and Culture Conclusion 6. Rights and ‘Fairness’ in UK and Devolved Social Citizenships Introduction Human Rights and UK Social Security Human Rights in Devolved Social Security Fairness – To Whom? Conclusion 7. The Foundations of Devolved Social Citizenships Introduction Socio-economic Factors Ideological Factors Institutional Factors Conclusion 8. Social Citizenship and the Constitutional Future of the UK: Welfare Unionism, Nationalism and Regionalism Introduction Which Nation? National Identity as Ideological Identity Welfare Unionism, Nationalism and Regionalism An ‘Enduring Settlement’ Achieved? Conclusion 9. Towards Devolved Social Citizenships: How Far Have We Come and Where Are We Going? Introduction Scotland: From Principles to Practice Northern Ireland: Commitment to Parity Wanes, the Practice of Parity Remains Forces for Parity Policy Learning between Northern Ireland and Scotland Conclusion 10. Conclusion: The State of the Social Union Introduction Trajectories in Social Citizenship(s) A Vision for Social Citizenship – Or Visions for Social Citizenships? Still a UK Social Security System? The Social Union and the Political Union Marshall’s Theory of Citizenship in a Regionalised Welfare State Reflections

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Book SynopsisThis book explores the specialist area of cryptocurrency in the context of matrimonial finance proceedings. The work is split into two parts. The first part provides a comprehensive primer on cryptocurrency and blockchain technology. It explains what cryptocurrencies are, how they are held by their owners, and how blockchain technology works. This part also considers the legal status and current regulatory treatment of cryptocurrency in England and Wales. The second part provides an overview of financial remedies and the distributive principles applied by the Family Court in matrimonial finance cases. It analyses the current case law on cryptocurrencies as a variety of ‘property’, before exploring issues that practitioners may face when encountering crypto-assets in litigation. This includes the challenges of valuing, tracing, and freezing cryptocurrency, as well as disclosure considerations. The work includes an overview of the principles relating to ‘self-help’ disclosure and associated criminal offences pursuant to the Computer Misuse Act 1990 and the Data Protection Act 2018. It also contains a summary of HMRC’s current guidance on the taxation of crypto-assets for individuals. This title is included in Bloomsbury Professional's Family Law and Cyber Law online services.Table of Contents1. Introduction 2. An Introduction to Cryptocurrency a. Introduction b. Types of cryptoassets c. What is cryptocurrency? d. Comparing transaction systems: ‘traditional’ finance v cryptocurrency e. The legal status of cryptocurrency in the United Kingdom f. Case study: the evolution of Bitcoin 3. Blockchain a. Introduction b. What is blockchain? c. How blockchain works d. The consensus mechanism e. Advantages and disadvantages of blockchain f. Applications of blockchain technology g. Smart contracts h. Non-Fungible Tokens 4. The Cryptocurrency Ecosystem a. Introduction b. Key players and key terms c. Top 10 cryptocurrencies by market capitalisation: Bitcoin, Ethereum, Tether, USD Coin, BNB, Cardano, XRP, Binance USD, Solana, Dogecoin 5. Regulation of cryptocurrency in the United Kingdom a. Introduction b. The FCA regulatory perimeter c. Financial regulation by category: security tokens, e-money tokens, exchange tokens, utility tokens, stablecoins d. AML / CTF financing e. Regulatory developments in the UK 6. Overview of financial remedies in matrimonial finance a. Introduction b. The Court’s powers and statutory discretion c. The distributive principles d. Matrimonial and non-matrimonial property e. Special contributions f. Income g. Summary 7. Cryptocurrency as a matrimonial asset a. Are cryptocurrencies ‘property’ and why does it matter? b. Are cryptocurrencies divisible? c. Disclosure on Form E 8. Practical considerations in litigation a. Introduction b. Identifying and tracing cryptocurrency c. Valuation of cryptocurrency d. Disclosure, freezing orders, and preservation of devices e. Self-help disclosure and associated criminal offences f. Taxation

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Book SynopsisThis court practice guide enables you to avoid the most common pitfalls encountered across the spectrum of family proceedings, thereby speeding up litigation and avoiding unnecessary work and wasted costs orders. It covers every aspect of the court process across family proceedings, from divorce and financial remedies to private law and public law children, injunctions and committals and appeals. The guidance is set out with clear references to source materials and is supplemented by forms and other practical information. The work is a key staple widely referred to within the Family Court, Principal Registry of the Family Division, other district registries and county courts. The 7th edition includes the following: - Divorce reform - Changes to Committal proceedings - Domestic Abuse Act 2021 (inc PD 12J and Rule 3A) - Presumption of diminished evidence and vulnerability of witnesses (PD 3AA) - Jurisdiction issues - Parental alienation This title is included in Bloomsbury Professional's Family Law online service.Table of ContentsChapter 1: The Divorce Petition Chapter 2: Requirements on Issue of Divorce Application Chapter 3: Procedure – From Issue of Divorce Application for Issue of Conditional Order Chapter 4: Procedure - Amended, Supplemental and Further Applications Chapter 5: Judicial Involvement Leading to a Conditional Order Chapter 6: Final Order of Divorce Chapter 7: Concluding Applications Other than by Final Order Chapter 8: Other Matrimonial Decrees Chapter 9: Declaratory Decrees Chapter 10: Civil Partnership Chapter 11: Applications for a Financial Order with Proceedings under the Matrimonial Causes Act 1973 and the Civil Partnership Act 2004 Chapter 12: Other Financial Applications Chapter 13: Children and Financial Applications Chapter 14: Financial Applications Governed by the Civil Procedure Rules 1998 Chapter 15: Procedures for the Enforcement of Financial and Costs Orders Chapter 16: Reciprocal Enforcement of Maintenance Orders Chapter 17: Jurisdiction in Child Proceedings Chapter 18: Children – Private Law Issues Chapter 19: Enforcement of Children Act Orders Chapter 20: Locating the Whereabouts of a Child Chapter 21: Wardship and Child Abduction Chapter 22: Public Law for the Private Law Practitioner Chapter 23: Family Homes and Domestic Violence Chapter 24: Emergency Applications Chapter 25: Penal Notices, Undertakings and Committal Applications Chapter 26: Court Bundles Chapter 27: Expert Witnesses in Family Proceedings Chapter 28: Vulnerable Witnesses in Family Proceedings Chapter 29: Appeals Chapter 30: The Court Record Appendices

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Book SynopsisTransparency describes openness, accessibility and public understanding of the family justice system.The principle of open justice has long been limited by the need for privacy to protect the interests of vulnerable parties, and the balance between privacy and publicity is subject to a complex web of legislation and case law, especially in family courts.This book provides a detailed practical guide to the relevant legislation, case law, policy and procedure, and how the balance between privacy and publicity has changed over time.Written in the context of the outcome of the President's Transparency Review (2021), the Second Edition of this title covers recent case law and procedural changes. This includes:- Press attendance and reporting from pilot courts- Legal blogging developments- Privacy of financial applications - Updated judicial guidance on anonymisation and publication, including the transfer of primary publicatio

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Book Synopsis

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