Family law Books
Rowman & Littlefield My Partner, My Enemy: An Unflinching View of
Book SynopsisThe problem of domestic violence and partner abuse knows no bounds, can affect anyone, and when kept silent and in the dark can become deadly. Hon. John Leventhal presided over the Brooklyn Felony Domestic Violence Court, the first felony domestic violence part in the nation, since it opened in June 1996 until he was elevated to the appellate court January 2008. While domestic violence has greater social and legal visibility today then it did in the past, the problem still remains a massive and ongoing crisis. My Partner, My Enemy brings truth and reality to a matter that desperately needs to be addressed. So how do we help reduce and eliminate intimate partner abuse, especially when the public knows so little and much goes unreported? By exploring the severity of the problem through true case studies of violent and abusive men, and their motivations, Leventhal successfully brings to light the problem and ways to help.Trade ReviewAs the presiding judge of the Brooklyn Domestic Violence Court (the first of its kind in the nation when it opened in 1996), author Leventhal certainly knows his stuff. Startling statistics immediately draw readers in—a woman is beaten by her domestic partner every 15 seconds in the U.S., accounting for at least four million reported incidents against women every year. Domestic violence is a crime 'committed across all strata of the population,' and certainly the cases presented by Leventhal reflect that. This is an important book in its field. . . . It’s clear that books like this are needed to raise awareness. * Publishers Weekly *Leventhal's wisdom on the subject [presented in his book My Partner, My Enemy: An Unflinching View of Domestic Violence and New Ways to Protect Victims], is available to a new generation of domestic violence judges and practitioners. And wise he is....The details in these stories initially seem overwhelming.... But those thoughts quickly pass because it is the details of repeated battering incidents, with their escalating and sickening level of violence that gives the book its strength. * New York Law Journal *Justice Leventhal has brought the reader into his courtroom and exposed us to the true life tales of people at a most difficult time of their life. It is story after story of domestic brutality whose existence we should all be are of, and who better to tell it than the judge who first witnessed it all and had to make the tough decision for almost 12 years? Case after case is recounted in sufficient detail to understand how difficult it must be to administer justice in such a court.... These stories will hold your attention and arouse your sympathy, especially when there may not always be a happy ending.... This book is a quick but disquieting read and is recommended to lawyers even if this is not their field of practice. * NYSBA One on One *After seven-plus decades as a female and twenty five-plus years a judge (fifteen of them Chief Judge) of a court system that annually sees thousands of domestic violence cases, I am astounded that My Partner, My Enemy by Judge John Leventhal should have been such a gripping, emotional, heart-wrenching education in the scourge of domestic violence. Yes, the statistics are impressive, but there is no substitute for actually meeting the participants – victims, batterers, families – who Judge Leventhal powerfully brings to life as he tells a wide variety of tragic stories. They give true meaning to the gratitude we feel for what’s been accomplished, and the genuine urgency for us all to do much more. The answer to ‘What’s the solution?’ begins with ‘Read this book.’ -- Judith S. Kaye, Former Chief Judge of the State of New YorkMy Partner, My Enemy is a very important book. As far as I know, Justice Leventhal is the first Judge to share his experience deciding domestic violence cases, and his insights and eyewitness accounts are gripping and important. Also very significant is the set of recommendations Leventhal makes for change in addressing this so-serious and so-difficult problem. It is also heartening to see more and more influential male voices speaking up for gender justice and against violence against women, and feminism should welcome such advocates. -- Naomi Wolf, Phd, co-founder of The Woodhull Institute for Ethical Leadership, noted feminist and bestselling author of The Beauty Myth and The End of AmericaJudge Leventhal has not only written a timely and important book, but it's also a page-turning true crime thriller. The well-written tales he tells are utterly compelling and all the more chilling because they are true. This is a gritty, hard-driving book that kept me up reading well into the night. I couldn't put it down. -- Howard Blum, NY Times bestselling author of American Lightning and Dark InvasionMy Partner, My Enemy is a painful read but it is a must read for anyone wanting to understand the devastating reality of domestic violence. My Partner, My Enemy captures graphically the terror, pain, and humiliation inflicted upon families by the ravages of violence. Having spent much of my career working to reform the justice system’s response to domestic and sexual violence, I am accustomed to hearing these questions: Why didn’t she leave? Why didn’t she seek legal protection? What in the world goes through the mind of a batterer? Justice Leventhal’s book helps to answer these questions by sharing stories of the real-life drama which played out every day in his courtroom and, tragically, in families across America. -- Bonnie J. Campbell, Former Iowa Attorney General and First Director of the Office on Violence Against Women of the U.S. Department of JusticeMy Partner, My Enemy is an important and thoughtful book. Justice John Leventhal is a deeply caring judge who handled many domestic violence cases in a specialized court at the trial level in New York. His commitment to and concern with the complex issues of domestic violence is impressive. This book is an especially useful read for other judges who handle domestic violence cases. -- Elizabeth M. Schneider, Rose L. Hoffer Professor of Law, Brooklyn Law School; author of Battered Women and Feminist Lawmaking (2000), co-author of Domestic Violence and the Law: Theory and Practice (2013)As a co-founder of the NYS Coalition against Domestic Violence and the founding director of the first ‘batterer program’ in New York State, I love this powerful, truth telling book. Judge John Leventhal exposes case after case of the brutality and torture of intimate partners, perpetrated by domestic violence offenders who have appeared in his court. He does not embellish. He simply writes it as it was, in a manner that is remarkably readable and deeply impactful. The horror of these felony cases clarifies how far we have come and, at the same time, how much further we must go. I see this new book as a must read for judges and advocates alike, as well as for everyone else who wants an educated vision of what it will take to bring an end to the epidemic of domestic violence. -- Phyllis B. Frank, Co-Director, Training Institute, NY Model for Batterer ProgramsTable of ContentsIntroduction 1: What is the Scope of the Domestic Violence Problem in Society? 2: Build It and They Will Come 3: Lucky Laurie 4: Yuri the Hunter 5: Desmond and Enid 6: Deadly Dave 7: Boris the Bully 8: Predator Paul 9: Same Sex Savagery 10: Alvin’s Allowance 11: Jeremiah Jonah 12: Fatal Frankie 13: Classic Carl 14: Selfish Samuel 15: Dangerous Love 16: Deadly Vignettes 17: What Can We Do to Protect and to Aid Abused Women to Help Themselves? 18: What Should We Do With The Perpetrators?
£23.75
Aspen Publishing Modern Family Law: Cases and Materials [Connected
Book Synopsis
£266.14
Aspen Publishing Emanuel Law Outlines for Family Law
Book Synopsis
£63.65
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Aspen Publishing California Family Law: [Connected Ebook]
Book Synopsis
£161.23
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Aspen Publishing Family Law for Paralegals: [Connected Ebook]
Book Synopsis
£197.10
Irwin Utp Canadian Family Law 10E
£64.80
Prometheus Books A Family Divided: A Divorced Father's Struggle
Book SynopsisThis is the story of a once-happy family now torn apart by divorce - its dignity shredded in a family court system that sees mothers as the only proper guardians for their children, even in the overwhelming majority of cases not involving abusive or threatening husbands. Written from the divorced father's point of view, this book exposes our twisted legal system, its obvious abuses of civil rights, and indifferent courts that subject caring fathers across the nation to vengeful ex-wives, opportunistic psychologists and psychiatrists, and overzealous attorneys. Robert Mendelson argues that all fathers should not be viewed as deadbeat dads who shirk their responsibilities. Public opinion, the press, and the courts are wrong to think that men cannot be single parents. "A Family Divided" alerts divorcing fathers to the hidden minefields and pitfalls of custody proceedings, offers practical recommendations for reform, and sheds light on the real cause of fatherlessness in America today.
£24.00
Child Welfare League of America Incorporated Child Welfare and the Law
Book Synopsis
£36.95
Temple University Press,U.S. Inheritance Law and the Evolving Family
Book SynopsisNontraditional families are today an important part of American family life. Yet when a loved one dies, our inheritance laws are often stingy even towards survivors in the nuclear family. With humor, enthusiasm, and a bit of righteous outrage, Ralph C. Brashier explores how probate laws ignore gender roles and marital contributions of the spouse, often to the detriment of the surviving widow; how probate laws pretend that unmarried couples particularly gay and lesbian ones do not exist; how probate laws allow a parent to disinherit even the neediest child; and how probate laws for nonmarital children, adopted children, and children born of surrogacy or other forms of assisted reproductive technology are in flux or simply don't exist.A thoughtful examination of the current state of probate law and the inability of legislators to recognize and provide for the broad range of families in America today, this book will be read by those with an interest in the relationship between families and the law across a wide range of academic disciplines.Author note: Ralph C. Brashier is the Cecil C. Humphreys Professor of Law at the University of Memphis School of Law. He was a co-author of the "Keeping Current" column in the "American Bar Association's Probate and Property" magazine, and continues to serve as a contributing editor. In addition to penning a number of law review articles on the subject of inheritance law, he serves as a member of the Tennessee Uniform Probate Code Commission and is a former editor-in-chief of the "Mississippi Law Journal".Trade Review"Brashier's book skillfully and engagingly shows how inheritance laws across the fifty United States have not kept up with changes in American family life. Brashier's ability to convey the key principles behind an almost bewildering array of examples makes this book potentially quite valuable to economists who seek a better understanding of inheritance law, the transfer of wealth in the US, and the law's impact on the lives of women, men, and children." Feminist Economics "Inheritance Law and the Evolving Family is a very important book, perhaps an essential one for family scholars and professionals who are trying to devise a sound course through the legal maze created by new family commitments and dissolutions. This clearly written, carefully argued, and incredibly informative book is my newest essential reference Bible and I'm trying to learn it verse by verse. I would recommend it to friends, colleagues and anyone trying to understand our changing family systems and the way our institutions and laws do, and don't, support them." --Pepper Schwartz, Ph.D., Professor, Department of Sociology, University of Washington "This well-documented study examines the role of inheritance in non-traditional family forms. Clearly presented is the role of probate law in influencing the life ways of these varied family forms. The author demonstrates that current inheritance laws developed over historic times with the focus on the nuclear family that is no longer the norm... This book will be of tremendous value to family researchers, psychologists, sociologists, lawyers, the legal system and social practitioners." --Marvin B. Sussman, Ph.D. "This is an enlightening survey of American inheritance laws. Brashier outlines how our laws differ in troubling ways from common features of inheritance laws in other countries and also notes how our laws have largely not yet adapted to unmarried partner relationships. He makes sensible recommendations about how our laws should be changed." --J. Thomas Oldham, John H. Freeman Professor of Law, University of Houston Law Center "It would make an excellent addition to law firm, academic and public law library collections." Legal Information ALERTTable of ContentsAcknowledgments Introduction 1. Spouses 2. Unmarried Cohabitants 3. Children 4. Paternity 5. Adoption 6. Assisted Reproduction Final Thoughts: Where from Here? Notes Index
£60.53
Temple University Press,U.S. Inheritance Law and the Evolving Family
Book SynopsisNontraditional families are today an important part of American family life. Yet when a loved one dies, our inheritance laws are often stingy even towards survivors in the nuclear family. With humor, enthusiasm, and a bit of righteous outrage, Ralph C. Brashier explores how probate laws ignore gender roles and marital contributions of the spouse, often to the detriment of the surviving widow; how probate laws pretend that unmarried couplesparticularly gay and lesbian onesdo not exist; how probate laws allow a parent to disinherit even the neediest child; and how probate laws for nonmarital children, adopted children, and children born of surrogacy or other forms of assisted reproductive technology are in flux or simply don't exist. A thoughtful examination of the current state of probate law and the inability of legislators to recognize and provide for the broad range of families in America today, this book will be read by those with an interest in the relationship between families and the law across a wide range of academic disciplines. Author note: Trade Review"This well-documented study examines the role of inheritance in non-traditional family forms. Clearly presented is the role of probate law in influencing the life ways of these varied family forms. The author demonstrates that current inheritance laws developed over historic times with the focus on the nuclear family that is no longer the norm.... This book will be of tremendous value to family researchers, psychologists, sociologists, lawyers, the legal system and social practitioners." —Marvin B. Sussman, Ph.D. "This is an enlightening survey of American inheritance laws. Brashier outlines how our laws differ in troubling ways from common features of inheritance laws in other countries and also notes how our laws have largely not yet adapted to unmarried partner relationships. He makes sensible recommendations about how our laws should be changed." —J. Thomas Oldham, John H. Freeman Professor of Law, University of Houston Law Center "[A]n engaging read: clear, concise, with an easy flow. It is also very informative, but conspicuously uncluttered. Most importantly, its message is timely and should be heeded." —Estate Planning "It would make an excellent addition to law firm, academic and public law library collections." —Legal Information ALERT "Brashier crams a tremendous amount of well-cited material into this brief, clearly written volume." —Law & Politics Book Review "...comprehensive discussion of whether a parent-child relationship exists for inheritance purposes with regard to nonmarital children, adopted children, and children of reproductive technologies, and also the rights of spouses and unmarried cohabitants." —Wills, Trusts, and Estates "In this informative book, Brashier presents a fascinating analysis of how the changing structure of the family is impacting inheritance laws.... Brashier addresses controversial issues in an informed, articulate and thoughtful manner.... It is [a] fine addition to the library of anyone wishing to provide financially for their families." —The Journal of Sociology and Social Welfare "Brashier's book skillfully and engagingly shows how inheritance laws across the fifty United States have not kept up with changes in American family life... Brashier's ability to convey the key principles behind an almost bewildering array of examples makes this book potentially quite valuable to economists who seek a better understanding of inheritance law, the transfer of wealth in the US, and the law's impact on the lives of women, men, and children." —Feminist EconomicsTable of ContentsAcknowledgments Introduction 1. Spouses 2. Unmarried Cohabitants 3. Children 4. Paternity 5. Adoption 6. Assisted Reproduction Final Thoughts: Where from Here? Notes Index
£28.28
West Academic Publishing Family Law: Cases and Materials
Book SynopsisMore than forty years since its initial publication in 1978, the Seventh Edition of Cases and Materials on Family Law gives students an introduction to Family Law that follows the field's traditional and emerging forms in ways that are entirely fresh. Like earlier editions, the Seventh Edition weaves together cases, statutes, model codes, policy, narrative, history, transnational sources, and theory, in highly accessible ways, as it illuminates Family Law's dynamic relationship with the highly variegated social landscape on which it rests. The well-known strengths of earlier editions' treatment of Family Law's many equality themes have been updated and expanded to feature deep engagements at Family Law's intersection with different axes of inequality, including race, ethnicity, gender, gender identity and expression, sexual orientation, and class.
£284.05
American Bar Association Navigating Emotional Currents in Collaborative
Book SynopsisDesigned to help all professionals--lawyers, as well as mental health professionals, financial neutrals, etc.--who practice in the area of Collaborative Divorce, this book explains how marital dynamics (both conscious and unconscious), combined with the traumas of both the current divorce and those resulting from previous situations, will be re-enacted within the Collaborative process. If these go unaddressed, misunderstood or unmetabolized by the team, they can impede progress, create difficulty in team functioning, result in a compromised agreement, or cause a complete breakdown of the process itself. Navigating Emotional Currents in Collaborative Divorce offers both a theoretical and practical roadmap for navigating the Collaborative process from an emotional point of view. The goal of the authors, Kate Scharff and Lisa Herrick, is to sensitize all team members to the importance of attending to and working with their clients' emotional needs, and to give them the tools to do so in order to achieve the best result. In presenting this framework for thinking about divorcing clients and how best to work with them, Scharff and Herrick make these key assumptions: The ways our clients think, feel, and behave are often driven by unconscious factors; Those unconscious factors play a strong, sometimes problematic role in the course of a Collaborative case; and, It is only by developing an understanding of the dynamics underlying our clients' patterns of thinking, feeling, and behaving that we can help them to navigate the Collaborative process. The authors examine the psychological underpinnings of the Collaborative process itself (why we do what we do), the ways in which individual professionals and their teams are affected by the emotional make-ups of their clients, and the issues of assessment and technique. One might wonder how relevant it is to their divorce practice that the author venture into what might feel like psychotherapeutic terrain. The primary answer is that unless you understand all the reasons that a couple becomes a couple, you can't understand what happens to them as their marriage unravels.
£59.55
Skyhorse Publishing Love & Money: Protecting Yourself from Angry
Book Synopsis"I have often said that money problems are not solved with money. Ann-Margaret understands it is not what you make but what you keep that matters. You will read this once and refer to it for years to come." —Dr. Phil, from his foreword It is no secret that we are living in an increasingly litigious society. What may come as a surprise, though, is that we are far more likely to be involved in a costly legal dispute with a former loved one than we are with a stranger. In Love and Money, Ann-Margaret Carrozza will help you to easily understand and implement essential legal strategies to prevent you from doing legal battle with someone you once shared Thanksgiving dinner (or a pillow) with. Through an engaging narrative, including amusing cautionary tales, readers will learn how to utilize contracts to identify and avoid costly relationship landmines, reduce pet peeves, and create a joint mission statement, all the while ensuring that one's wealth and values are transmitted to future generations. Love and Money demystifies many legal structures, including: Prenuptial agreements Postnuptial agreements Cohabitation agreements Love contracts Wills Trusts Powers of attorney Healthcare advance directives After learning how to erect legal barriers against external wealth destroyers and evildoers, the focus of the book moves to internal wealth destroyers. Readers will learn how to identify and combat internal wealth repellants such as low self-esteem, fear, and stress. Becoming and remaining wealthy requires more than just money. This book provides a unique education about the interrelated nature of the internal and external laws of wealth and how to put them both to work for stronger relationships with one's finances and loved ones.Trade Review"I have often said that money problems are not solved with money. Ann-Margaret understands it is not what you make but what you keep that matters. You will read this once and refer to it for years to come." —Dr. Phil, from his foreword "Once I started reading, I just couldn't put this book down. Every chapter is wildly entertaining and incredibly informative. I learned more about protecting my assets by reading the funny stories in this book than I did in three years of law school! Love & Money is a must-read if you want to keep other people's hands out of your wallet." —Sol Kodsi, attorney-at-law "True wealth is not about money alone. That's why most lottery winners are broke in no time. In Love & Money, Ann-Margaret Carrozza gives us tools to combat both internal wealth repellants and external wealth destroyers. This fun read is a one-stop guide for those serious about growing and protecting their wealth." —Jonathan S. Kuttin, Barron's top-100 independent financial advisors "Love & Money is a game changer. Read it and get ready for improved relationships and greater wealth." —Paul Sladkus, founder and president, Milestone Broadcast Company"I have often said that money problems are not solved with money. Ann-Margaret understands it is not what you make but what you keep that matters. You will read this once and refer to it for years to come." —Dr. Phil, from his foreword "Once I started reading, I just couldn't put this book down. Every chapter is wildly entertaining and incredibly informative. I learned more about protecting my assets by reading the funny stories in this book than I did in three years of law school! Love & Money is a must-read if you want to keep other people's hands out of your wallet." —Sol Kodsi, attorney-at-law "True wealth is not about money alone. That's why most lottery winners are broke in no time. In Love & Money, Ann-Margaret Carrozza gives us tools to combat both internal wealth repellants and external wealth destroyers. This fun read is a one-stop guide for those serious about growing and protecting their wealth." —Jonathan S. Kuttin, Barron's top-100 independent financial advisors "Love & Money is a game changer. Read it and get ready for improved relationships and greater wealth." —Paul Sladkus, founder and president, Milestone Broadcast Company
£18.04
American Bar Association Divorce: Protect Yourself, Your Kids, and Your
Book SynopsisA divorce may be the most important business and personal transaction that someone will go through in their lifetime. Divorce: Protect Yourself, Your Kids, and Your Future is a user-friendly guide that offers a roadmap to the often confusing and complicated divorce process. In clear, plain English language, author Randy Kessler helps explain the process to laypersons or clients who are unfamiliar with what to expect throughout the course of a divorce case. At the same time, he clears up some of the most common concerns and misconceptions that people have when they begin the process of separation and divorce. This guide helps you be fully prepared at the beginning of this journey, offering an easy-to-understand guide to the overwhelming process of divorce. It explains, step-by-step, the entire process of divorce, including: * How to select an attorney * The right questions to ask in order to help get the necessary answers * Preparing for trial * Child custody and child support issues * Alimony and division of property * What mediation is and how it works * And much more Randy Kessler, a nationally known family lawyer who is often called upon by major television networks, newspapers, and magazines to explain and comment on family law cases in the news. This book is the result of more than twenty-five years of practical experience and reflects Randy's passion for explaining divorce in a straightforward manner.Table of ContentsChapter 1: The First Step: Find the Right Lawyer Chapter 2: Before You File for Divorce: Preliminary Decisions Chapter 3: The Pretrial Stage: Discovery and the Deposition Chapter 4: Mediation: Reaching an Amicable Settlement Without a Judge Chapter 5: The Trial: The Last Resort Chapter 6: Issues Related to Child Custody Chapter 7: Child Support Chapter 8: Alimony Chapter 9: Division of Property: Who Gets What and Why? Appendix A: Suggested Information Contained in a Domestic Relations Financial Affidavit Appendix B: Key Issues in Separation or Divorce Agreements Appendix C: The Parenting Plan
£19.57
American Bar Association Child Custody Jurisdiction: The UCCJEA and PKPA
Book SynopsisThis book will provide family law practitioners with the knowledge and tools they need to analyze the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and the Parental Kidnapping Prevention Act (PKPA). Case law in many states is evolving and will continue to evolve for the foreseeable future. Many states have yet to address significant portions of the UCCJEA and PKPA. Some sections, such as most of Article 3, Enforcement, of the UCCJEA, have yet to be addressed in depth by any state supreme court.
£59.41
American Bar Association ABA/AARP Juggling Life, Work, and Caregiving
Book SynopsisA staggering 42 million Americansone in four adultsface the challenges of caring for an adult friend or relative. Although caregiving can be a richly rewarding and joyful experience, the role comes with enormous responsibilitiesand pressures. AARP's gentle guide provides practical resources and tips that are easy to find when you need them, whether you're caregiving day to day, planning for future needs, or in the middle of a crisis. Equally important, this book helps you care for the caregiveryoubefore, during, and after caregiving. Author Amy Goyer, an expert in aging and families, offers insight, inspiration, and poignant stories and experiences of caregivers, including her own as a live-in caregiver for her parents.Table of ContentsChapter 1 - Your Caregiving Plan Chapter 2 - Caring for You, the Caregiver Chapter 3 - Your Caregiving Team Chapter 4 - The Organized Caregiver: Tips for Staying Sane Chapter 5 - Working Caregivers Chapter 6 - Legal Matters Chapter 7 - Managing Finances Chapter 8 - Health and Healing Chapter 9 - When Your Loved Ones Live at Home Chapter 10 - When Your Loved Ones Live in a Facility Chapter 11 - Crisis Management 101 Chapter 12 - Handling the End of Life Chapter 13 - Life After Caregiving Appendix A - Tips for Challenging Conversations Appendix B - It Is Time to Stop Driving? Appendix C - Hospital Survival Kit Appendix D - Music and Caregiving
£14.24
American Bar Association Representing Parents in Child Welfare Cases:
Book SynopsisRepresenting parents in child welfare cases can be a lonely job. Natural biases against an accused parent can create substantial obstacles. This book is a practical step-by-step guide for attorneys representing parents accused of parental unfitness due to abuse or neglect. Leading experts provide insights into every aspect of the legal process, from the initial interview with the parent(s), through court hearings, to issues attendant to the Child Abuse and Neglect Registry System.
£84.82
American Bar Association One Hundred Days Before Trial: A Family Lawyer's
Book SynopsisThe author offers an alternative to the mad-dash scramble model of trial preparation, with a simple message: start early with the end in mind, develop a plan, and maintain self-discipline to work the plan on a regular basis. The book is broken into segments based upon arbitrary time periods. The reader need not precisely follow the schedules suggested; they are simply guidelines to consider. Each case is different and one must prepare according to each case's dynamics. What is essential and common to all cases, however, is the necessity of thinking first, acting second and being mindful both of the big picture and the fine details.
£82.90
Nova Science Publishers Inc Adoption Records & Postadoption Contact
Book SynopsisIn nearly all States, adoption records are sealed and withheld from public inspection after an adoption is finalised. This book discusses state laws that provide for access to both nonidentifying and identifying information from an adoption record by adoptive parents and adult adopted persons, while still protecting the interests of all parties. Furthermore, the book discusses postadoption contact agreements, which are are arrangements that allow contact between a childs adoptive family and members of the childs birth family or other persons with whom the child has an established relationship, such as a foster parent, after the childs adoption has been finalized. These arrangements, sometimes referred to as cooperative adoption or open adoption agreements, can range from informal, mutual understandings between the birth and adoptive families to written, formal contracts.
£138.39
West Academic Publishing Family Law in a Nutshell
Book SynopsisFew areas of law practice cover as many issues as family law. The subject embraces marriage and divorce, annulment, custody of children, spousal and child support, complex property issues, paternity, domestic violence, adoption, and alternative means of reproduction. Each of these topics itself is complex. For example, within the broad subject of child custody lie the issues of interstate move away cases, international parental child abduction, and the impact of domestic violence on a parent's right to custody or visitation. In addition to purely legal issues, family law has a large psychological component, touching on some of the most important and sensitive aspects of human nature and interaction, such as, what is a family, what are the rights and responsibilities of parents toward children, and how should society respond to child abuse and domestic violence? All of these issues, and more, are discussed in this Nutshell. The book provides a thorough introduction to this challenging field of practice. As you prepare for the bar examination, check to see if family law is tested on the bar you intend to take. The Uniform Bar Exam tests family law. A number of state bar exams include family law. This book covers the family law topics you will encounter on the bar and in a family law course.
£52.70
Intersentia Ltd Family Law and Culture in Europe: Developments,
Book SynopsisThis volume contains the contributions delivered at CEFL's fifth international conference. It focuses on comparative and international family law in Europe in their respective cultural contexts. The interventions address the new Principles of European Family Law regarding Property Relations between Spouses, the proposed EU private international law regulations for spouses and registered partners for international couples and their property relations, the laws of a growing number of countries which legislate non-formalized relationships and the new developments regarding social, biological and legal parentage.
£64.60
Intersentia Ltd The Optional Matrimonial Property Regime
Book SynopsisThe optional matrimonial property regime of the community of accrued gains was created to address legal difficulties that may arise from marriages between persons of different nationalities or persons not living in their country of origin. It is the result of a treaty between France and Germany and entered into force in 2013.
£61.75
Intersentia Ltd Childrens Rights in Intercountry Adoption
Book SynopsisEuropean jurisdictions play a central role in intercountry adoption, both as countries of origin for children being placed, and as receiving countries. The question that this book aims to answer is very simple: how can we best protect the rights of these children?
£60.80
Intersentia Ltd Morally Sensitive Issues and Cross-Border
Book SynopsisWithin the European Union there is considerable diversity in morally sensitive issues like legal recognition of same-sex relationships or reproductive matters, such as abortion, assisted human reproduction (AHR) and surrogacy. States generally expressly claim recognition of such diversity and it is explicitly respected at European level, even though the (implicit) influence of European law is increasingly visible in these areas.Cross-border movement within the EU adds a new dimension to this complex picture. It implies that States are increasingly confronted by (the consequences of) one another's regimes. For example, same-sex couples residing in one EU Member State claim recognition of their marriage concluded in another Member State, or women from Member States with restrictive abortion regimes resort to States with more liberal regimes. This research explores this cross-border dimension, identifies a number of pressing questions and provides insight into the interests that are at stake in such situations.This volume firstly investigates what if any standard-setting is in place in three national jurisdictions (Ireland, Germany and the Netherlands) as well as in the relevant European jurisdictions (EU law and the ECHR) in respect of reproductive matters and legal recognition of same-sex relationships, and how this has developed over time. This analysis inter alia provides insight into what considerations and interests play or have played a role in legislative debates and case-law, in what respects the regimes studied differ, and how European law has influenced national standard-setting. It furthermore provides the necessary basis for the subsequent analysis of how the relevant jurisdictions respond to cross-border movement in these areas and how they interact. While, for example, States sometimes appear to ward off cross-border movement in these areas to protect their national moral standards, in other situations they choose to or are obliged under European law to accommodate such mobility in order to protect the interests of vulnerable parties involved. This research thereby observes and clarifies the dynamics in decision-making regarding these issues, analysing and explaining how various areas and levels of law interact.
£99.75
Intersentia Ltd The Citizen in European Private Law:
Book SynopsisIn numerous fields of law, ranging from family law to company law, private actors increasingly set their own rules, revert to private enforcement of those rules and choose the applicable law. Within each field this tendency has already been scrutinised. Until now, however, few attempts have been made to look at these phenomena together with a view to arriving at conclusions that go beyond one specific field. This book is a first attempt to fill this gap. It is relevant for scholars and practitioners working in the individual fields of law covered (private international law, company law, family law, consumer law and commercial law) as well as for scholars and policy makers trying to grasp the overall nature of the increasing privatisation of the law.
£44.65
Intersentia Ltd The Future of Registered Partnerships: Family
Book SynopsisA book series dedicated to the harmonisation and unification of family and succession law in Europe. The series includes comparative legal studies and materials as well as studies on the effects of international and European law making within the national legal systems in Europe. The books are published in English, French or German under the auspices of the Organising Committee of the Commission on European Family Law (CEFL).In many jurisdictions registered partnerships were introduced either as a functional equivalent to marriage for same-sex couples or as an alternative to marriage open to all couples. But now that marriage is opened up to same-sex couples in an increasing number of jurisdictions, is there a role and a need for another form of formalised adult relationship besides marriage?In this book, leading family law experts from 15 European and non-European countries explore the history and function of registered partnership in their own jurisdictions. Further chapters look at the impact of the European Convention on Human Rights and European Union Law on the regulation of registered partnerships. In the concluding chapters the different approaches are analysed and compared.This book provides the foundation for an informed discussion not only on changes to the implementation of registered partnership schemes, but also more generally for reviewing the law concerning the recognition of adult relationships.
£88.35
Intersentia Ltd Law and Policy in Modern Family Finance: Property
Book SynopsisLaw and Policy in Modern Family Finance - Property Division in the 21st Century adopts a conceptual approach to address key questions about the legal division of property when a marriage, civil union, de facto relationship, or other close personal relationship ends. These questions include: which relationships should be subject to a statutory regime; which property should be shared; whether property held on trust should be included; how property should be shared; how economic disparity caused by the division of functions within the relationship should be addressed, if at all; whether, and if so to what extent, the interests of children of the relationship should be considered; whether parties should be allowed to contract out of a statutory regime and, if so, whether such contracts should be binding; and whether death should be treated in the same way as relationship break-down.The authors use New Zealand's current legislative framework as a basis for critical analysis and reflection. Despite New Zealand's Property (Relationships) Act 1976 being hailed as socially progressive legislation when it was enacted, there is concern in New Zealand that its property sharing regime no longer meets society's needs and expectations. However, issues of fairness, equality, and modern complexities in the division of relationship property are not unique to New Zealand. Other jurisdictions are facing similar problems, including Australia, England and some continental European countries.The inclusion of internationally recognised relationship property experts from England, Australia and Germany ensures the utility of the book for international audiences, making it of interest to law reformers, academics, the judiciary, the legal profession, and law students everywhere in the world.
£75.05
Intersentia Ltd International Survey of Family Law 2018
Book SynopsisThe International Survey of Family Law is the annual review of the International Society of Family Law. It brings together reliable and clearly structured insights into the latest and most notable developments in family law from all around the globe. Chapters are prepared by an international team of selected experts in the field, usually covering 20 or more jurisdictions in each edition. The International Society of Family Law (ISFL) is an independent, international, and non-political scholarly association dedicated to the study, research and discussion of family law and related disciplines. The Society's membership currently includes professors, lecturers, scholars, teachers, and researchers from more than 50 different countries, offering a unique opportunity for networking within a truly international family law community.
£69.35
Intersentia Ltd International Survey of Family Law 2019
Book SynopsisThe International Society of Family Law is an independent, international, and non-political scholarly association dedicated to the study, research and discussion of family law and related disciplines. The Society's membership currently includes professors, lecturers, scholars, teachers, and researchers from more than 50 different countries, offering a unique opportunity for networking within a truly international family law community.The International Survey of Family Law is the annual review of the International Society of Family Law. It brings together reliable and clearly structured insights into the latest and most notable developments in family law from all around the globe. Chapters are prepared by an international team of selected experts in the field, usually covering 20 or more jurisdictions in each edition.Trade Review'Topical, terse and timely, this absorbing and authoritative international survey should be considered essential reading for all family lawyers. -- Elizabeth Robson Taylor and Philip Taylor, The Barrister, 2020Table of ContentsAlbania. Are Albanian Legal Rules on Divorce Adequate for High-Conflict Divorces? (p. 1) Australia. Reform and Complexity: A Difficult Balance (p. 13) Brazil. The Social Food Bank and the State's Duty to the Child in the Face of the Non-Fulfillment of Child Support Executions (p. 35) Canada. Habitual Residence of Abducted Children and Divorce Act Reform (p. 47) China. On Protection of the Child's Right to Care under the Minor Guardianship System in China. (p. 59) England and Wales. Familial Relationships: Entrances and Exits (p. 79) The Faroe Islands. A New Family Law is Born (p. 105) France. A Chronicle of French Family Law (p. 113) Hong Kong. Slow Progress Towards Family Law Reform? (p. 129) Ireland. 'Best Interests' as a Limited Constitutional Imperative (p. 139) Italy. The Divorce Allowance in Italian Law: The Role of Jurisprudence in the Formation of the Legal Rule in the Family Sphere (p. 163) Korea. AID and Surrogacy in Korean Law (p. 183) Namibia. Towards a New Juvenile Justice System in Namibia (p. 205) New Caledonia. Legal Pluralism and Diversity of Interpretation of Fundamental Rights (Common Law, Customary Law, Reservation Related to Indigenous Rights): The Example of New Caledonia (p. 219) New Zealand. Reform is in the Air (p. 225) Papua New Guinea. State and Customary Laws and the Underlying Law of Papua New Guinea: A Family Law Conundrum (p. 239) Portugal. What's Mine is Mine and Won't be Yours: The Newly Introduced Possibility of Opting Out of the Mandatory Succession Effects of Marriage in Portugal (p. 261) Serbia. Transgender Issues before the Constitutional Court of Serbia (p. 271) The Seychelles.The Seychellois Family Tribunal and its Implementation of the Family Violence (Protection of Victims) Act 2000 (p. 281) UN Committee on the Rights of the Child. Reflections on Family Law Issues in the Jurisprudence of the CRC Committee: The Convention on the Rights of the Child @ 30 (p. 305) United States of America. Same-Sex and Different-Sex Relationships: Is it Time for Convergence? (p. 329)
£69.35
Intersentia Ltd Plurality and Diversity of Family Relations in
Book SynopsisThis volume contains the contributions delivered at CEFL's sixth international conference, which focused on comparative and international family law in Europe in their respective cultural contexts. Inter alia in this book CEFL experts and other legal scholars address the CEFL and its Principles, the interrelation of family law and family sociology, family migration, childrens and womens fundamental rights, as well as the developing concept of parenthood, the role of children in family proceedings, extra-judicial divorces and ADR in family matters.While the development of modern trends in European family law is going on, some new challenges arise and old challenges remain. The awareness of more plurality and diversity in family relationships is increasing. Both pose problems. New legal solutions have to be integrated into the existing family law system. On the other hand, there are tensions between modern fundamental values and traditional religious solutions. For both a deeper analysis is necessary.The conference, and in turn the book, aims to enhance the exchange of ideas and arguments on comparative and international family law in Europe.Table of ContentsTHE CEFL AND ITS PRINCIPLES. The Commission on European Family Law: Taking Stock after Almost 20 Years (p. 3) The Principles of European Family Law Regarding the Property, Maintenance and Succession Rights of Couples in De Facto Unions: A First Glimpse (p. 17) FAMILY MIGRATION, CHILDREN'S AND WOMEN'S RIGHTS. Respecting Children's Dignity under Private International and Migration Law (p. 47) Empowering Women in Family Relations (p. 59) The Paradox of Rights Through the Lens of Muslim Women's Rights in Family Law (p. 89) THE DEVELOPING CONCEPTS OF PARENTHOOD. The Concept of Parenthood in the Case Law of the European Court of Human Rights (p. 103) Family Frontiers: The Definition of Parenthood in Brazil and in Portugal (p. 119) Donor Conception: From Anonymity to Openness (p. 143) THE ROLE OF THE CHILD IN FAMILY PROCEEDINGS. Balancing the Rights of Parent and Child in Case of Non-Compliance with Contact Arrangements: A Case Law Analysis (p. 175) The Public Law Aspects of the Brussels IIbis Regulation Through an Irish Lens (p. 203) The Right of the Child to be Heard in Parental Responsibility Proceedings (p. 225) Maturity and the Child's Right to be Heard in Family Law Proceedings: Article 12 UNCRC and Case Law of the ECtHR Compared (p. 237) EXTRA-JUDICIAL DIVORCES AND ADR IN FAMILY MATTERS. The Recognition of Religious Private Divorces in Europe: From Conflict of Laws to Conflict of Cultures? (p. 257) Extra-Judicial Muslim Divorces and Family Mediation in the Nordic Countries: What Role is there for the Welfare State? (p. 285) Family Law Arbitration: A Comparative Analysis of German and English Law and Practice (p. 313) Mandatory Mediation from a European and Comparative Law Perspective (p. 341) INTERDISCIPLINARY RESEARCH INTO FAMILY RELATIONS. Family Sociology and Family Law: What can the One Learn from the Other? (p. 373)
£75.05
Intersentia Ltd Die Familienschiedsgerichtsbarkeit in Recht und
Book SynopsisErgrndet die Verfasserin die aktuellen rechtlichen Rahmenbedingungen fr eine schiedsgerichtliche Beilegung familienrechtlicher Streitigkeiten im deutschen und englischen Recht und deren Bedeutung in der Praxis.Trade Review"[...], the book outlines very well the development, the practical significance, and the extent to which family arbitration is possible under the current legal frame work both in Germany and in England and Wales." -- Christiane von Bary, International Journal of Law, Policy and The Family, 2021
£128.25
Intersentia Ltd International Survey of Family Law 2020
Book SynopsisThe International Society of Family Law is an independent, international, and non-political scholarly association dedicated to the study, research and discussion of family law and related disciplines. The Society's membership currently includes professors, lecturers, scholars, teachers, and researchers from more than 50 different countries, offering a unique opportunity for networking within a truly international family law community. The International Survey of Family Law is the annual review of the International Society of Family Law. It brings together reliable and clearly structured insights into the latest and most notable developments in family law from all around the globe. Chapters are prepared by an international team of selected experts in the field, usually covering 20 or more jurisdictions in each edition.Trade Review'The volume is of particular value for academics, students, researchers and practitioners interested in family law, but also for those specialising in related areas. They are sure to find not only chapters presenting new developments and approaches in topics with which they are already familiar, but also several intellectually stimulating contributions to pique their interest towards novel paths for reflection and research.' -- Dafni Lima, International Jouarnal of Law, Policy and the Family, 2021'This survey is both interesting and illuminating covering particularly diverse areas this year from family formation, to the functioning on intact families, and families during or post-dissolution.' -- Elizabeth Robson Taylor and Phillip Taylor, The Barrister, 2020Table of ContentsTable of Contents and Preliminary Pages (p. 0) Australia: The Search for Property in the Labyrinth of the Discretionary Trust (p. 1) Brazil: Intuitu Personae Adoption in the Brazilian Legal System (p. 23) Canada: Family Law at the Supreme Court of Canada (p. 35) China: Reform of the Marriage and Family Part of the Civil Code in China (p. 49) England and Wales: Beware of International Relationships (p. 71) European Court of Human Rights: Challenging Paternity under Case Law of the European Court of Human Rights (p. 99) France: A Chronicle of French Family Law: 2019 (p. 115) Germany: Gender Identity, Sexual Orientation and Parentage: Family Law Lagging Behind (p. 135) Hong Kong: Hong Kong Family Law Today: Drowning not Waving? (p. 149) Korea: Full Guardianship in Korean Law: An Evaluation Over Seven Years from the Perspective of Family Court Practices and the Constitution (p. 165) Norway: The New Norwegian Adoption Act (p. 185) Poland: Discussion and Reform of Family Law in Poland (p. 203) Scotland: Making Scotland 'The Best Place in the World to Grow Up'? (p. 215) Serbia: Child Maintenance and Welfare in Serbian Law (p. 239) Slovenia: New Regulation on Guardianship for Adults in Slovenia (p. 251) South Africa: Aspects of Dutch Colonial Family Law Related to the Indonesian Rajah of Tambora's Exile at the Cape (p. 265) Sweden and California: On Children's Rights to be Heard in Custody and Support Matters (p. 303) UN Committee on the Rights of the Child: Continued Reflections on Family Law Issues in the Jurisprudence of the CRC Committee: The Convention on the Rights of the Child @ 30 (p. 337)
£69.35
Intersentia Ltd Party Autonomy in EU Private International Law:
Book SynopsisThis book focuses on the concept of party autonomy in cross-border family matters and succession in EU private international law. It analyses the choice of court and choice of law provisions that has been developed within this framework over the past two decades. These rules are evaluated and compared in view of the underlying values and objectives in the EU context. Does the manifestation of these provisions meet the EUs objectives in adopting legislative action? If not, what factors prevent them from doing so? Are there any gaps that need to be addressed and how might these issues be tackled? Party Autonomy in EU Private International Law: Choice of Court and Choice of Law in Family Matters and Succession is valuable to researchers, legal practitioners and civil servants with an interest in private international law and/or cross-border family- and succession law issues.Trade Review'Gray's work is an extremely rewarding read to understand the structures and connections [in the choice of court and choice of law rules in family and succession matters].' -- Prof Dr Peter Mankowski, FamRZ, 2021. This quote has been translated from German.Table of ContentsPart I. Concept and Objectives. Chapter 1. Introduction (p. 1) Chapter 2. Conceptualising Free Will in EU Private International Law Relating to Family Matters and Succession (p. 15) Chapter 3. The Objectives behind the Unification of Private International Law on Family Matters and Succession (p. 35) Part II. Preliminaries of ChoicesChapter. 4. Material and Personal Scope (p. 67) Chapter 5. Focus of Choice (p. 113) Part III. Content of Choice. Chapter 6. Direct Connections (p. 131) Chapter 7. Coordinating Provisions (p. 165) Chapter 8. Subsidiary Forms of Party Autonomy (p. 191) Part IV. Variables of Choice. Chapter 9. Temporal, Formal and Material Requirements (p. 209) Chapter 10. Enforcement of Choice (p. 253) Part V. Conclusion. Chapter 11. Concluding Synthesis (p. 295)
£89.30
Intersentia Ltd The Interaction between Family Law, Succession
Book SynopsisThere can be no doubt that both substantive family and succession law engage in significant interaction with private international law, and, in particular, the European Union instruments in the field. While it is to be expected that substantive law heavily influences private international law instruments, it is increasingly evident that this influence can also be exerted in the reverse direction. Given that the European Union has no legislative competence in the fields of family and succession law beyond cross-border issues, this influence is indirect and, as a consequence of this indirect nature, difficult to trace.This book brings together a range of views on the reciprocal influences of substantive and private international law in the fields of family and succession law. It outlines some key elements of this interplay in selected jurisdictions and provides a basis for discussion and future work on the reciprocal influences of domestic and European law. It is essential that the choices for and within certain European instruments are made consciously and knowingly. This book therefore aims to raise awareness that these reciprocal influences exist, to stimulate academic debate and to facilitate a more open debate between European institutions and national stakeholders.Trade Review'The book aims to be a key tool for drafting or considering new private law instruments in succession and family laws. By offering concrete proposals on various matters [...] the book certainly fulfils its primary objective and is a recommended read for domestic and European law reformers.' -- Laure Sauv, International Journal of Law, Policy and The Family, 2021.Table of ContentsTable of Contents and Preliminary Pages (p. 0) The Interaction between Family Law, Succession Law and Private International Law: An Introduction (p. 1) PART I. The Impact of Developments in National Family Laws on EU Private International Law Cross-Border (Non-)Recognition of Marriage and Registered Partnership: Free Movement and EU Private International Law (p. 11) Empowering Private Autonomy as a Means to Navigate the Patchwork of EU Regulations on Family Law (p. 35) The Impact of Private Divorces on EU Private International Law (p. 59) PART II. The Impact of EU Private International Law on National Family Laws. EU Formalities for Matrimonial Property Agreements and their Effects on German Family Law: Calling the Bluff? (p. 77) The Effects of EU Law on Family Law in England and Wales: Children First? (p. 101) PART III. The Impact of National Succession Laws on EU Private International Law. Did Substantive National Succession Laws have an Impact on the EU Succession Regulation? (p. 121) Understanding and Interpreting the Succession Regulation through its National Origins (p. 139) PART IV. The Impact of EU Private International Law on National Succession Laws. The Impact of the European Certificate of Succession on National Law: A Trojan Horse or Much Ado about Nothing? (p. 155) A German Perspective on the Impact of EU Private International Law on National Succession Law (p. 181) The Impact of European Private International Law and the reserve hereditaire in France (p. 195) Regulation (EU) 650/2012 and Territorial Conflicts of Laws in Spain (p. 213)
£71.25
The Law Society Family Law Protocol
Book SynopsisThis authoritative set of best practice guidelines has been comprehensively updated to cover all the changes since 2010 and includes two new chapters on forced marriage and alternative pathways to parenthood. Endorsed by the President of the Family Division, the Protocol is the standard by which members of the Law Society and Resolution are judged.The fourth edition of this indispensible book takes account of significant developments including:* changes to public funding in family law proceedings* private family law arrangements for children and parental involvement* new legislation on honour-based violence and forced marriage* alternative pathways to parenthood including adoption and surrogacy.Developed by the Law Society in association with Resolution and other leading organisations, interest groups and figures in the field, this is the go-to text for family law practitioners.Table of ContentsForeword by the President of the Family Division Part 1: Main Protocol Part 2: Non-court dispute resolution Part 3: Domestic abuse and honour-based violence Part 4: Children: private law Part 5: Children: public law Part 6: Abduction Part 7: Child support Part 8: Schedule 1 proceedings under the Children Act 1989 Part 9: Proceedings for dissolution, divorce, judicial separation or nullityPart 10: Ancillary reliefPart 11: Cohabitation Part 12: Forced marriagePart 13: Alternative pathways to parenthoodAppendices.
£37.95
The Law Society Unbundling Family Legal Services Toolkit
Book SynopsisThis toolkit provides a suite of tools to assist family solicitors in implementing new methods of pricing unbundling work and new ways of working.
£66.45
The Law Society Matrimonial Finance Handbook
Book SynopsisThe Matrimonial Finance Handbook is an indispensable resource for practitioners advising clients on financial remedies following divorce or civil partnership dissolution.
£66.50
The Law Society Open Justice and Privacy in Family Proceedings
Book SynopsisOpen Justice and Privacy in Family Proceedings provides a practical guide to the principles and practice of open justice and privacy in family proceedings. It provides an explanation of the law and procedures governing family courts and the difficulties involved in balancing the rights of privacy and publicity.
£65.00
The Law Society Cohabitation: Division of Property on
Book SynopsisThis book focuses on the property and financial aspects of relationship breakdown for cohabitants. The key concepts, issues and case law are explained clearly and concisely and will be an invaluable source of help and guidance for the busy family law practitioner.
£76.00
The Law Society Special Guardianship and Adoption Handbook
Book SynopsisSpecial Guardianship and Adoption Handbook is a comprehensive, accessible guide to special guardianship and adoption law for all children and family law practitioners. It provides essential advice at all stages of representing clients: at the office, drafting, negotiating and conducting court hearings. This new book provides: * a comprehensive overview of special guardianship and adoption orders, and how they fit together; * practical, step-by-step guidance on drafting and procedure; * updates on key developments and changes to the processes, procedure, and outcomes in the law; * workflow diagrams and flowcharts explaining special guardianship and adoption law procedure; * details of important regulations and the most recent and significant court decisions. This book is essential reading for anyone who needs to understand the complexities of these two orders and how they tie in within private and public law proceedings.Table of Contents1. Historical perspective and need for change; 2. Special Guardianship Orders - The Essential Facts; 3. Special guardianship orders and Section 8 Children Act 1989 orders; 4. Special guardianship and assessment processes; 5. Special guardianship orders - financial and other support services; 6. Special guardianship - families moving local authorities; 7. Special guardianship and the court timetable; 8. Special guardianship - practical steps in case management; 9. Developments surrounding special guardianship orders; 10. Legal representation and funding for special guardianship; 11. Special guardianship orders - variation, discharge and co-existing with care orders; 12. Adoption - historical perspective, freeing and placement orders; 13. Adoption orders - The essential facts; 14. Routes to adoption orders; 15. Adoption and special guardianship - inheritance implications; 16. Adoption - financial and other support services; 17. Adoption Agencies Regulations - panels and processes; 18. Adoption and the court timetable; 19. Contested adoption applications - post-adoption contact, and long-term foster care; 20. Adoption and special guardianship orders. Appendices.
£85.50
The Law Society Matrimonial Finance Toolkit 2nd edition
Book SynopsisActing in matrimonial finance matters requires a precise and focused approach to the preparation of documents and evidence. This toolkit contains over 30 template documents, with guidance on how to tailor each one for different types of cases.
£70.00
Bloomsbury Publishing PLC Gender and Equality in Muslim Family Law: Justice
Book SynopsisGender equality is a modern ideal, which has only recently, with the expansion of human rights and feminist discourses, become inherent to generally accepted conceptions of justice. In Islam, as in other religious traditions, the idea of equality between men and women was neither central to notions of justice nor part of the juristic landscape, and Muslim jurists did not begin to address it until the twentieth century. The personal status of Muslim men, women and children continues to be defined by understandings of Islamic law codified and adapted by modern nation-states that assume authority to be the natural prerogative of men, that disadvantage women and that are prone to abuse. This volume argues that effective and sustainable reform of these laws and practices requires engagement with their religious rationales from within the tradition. Gender and Equality in Muslim Family Law offers a groundbreaking analysis of family law, based on fieldwork in family courts, and illuminated by insights from distinguished clerics and scholars of Islam from Morocco, Egypt, Iran, Pakistan and Indonesia, as well as by the experience of human rights and women s rights activists. It explores how male authority is sustained through law and court practice in different contexts, the consequences for women and the family, and the demands made by Muslim women s groups. The book argues for women's full equality before the law by re-examining the jurisprudential and theological arguments for male guardianship (qiwama, wilaya) in Islamic legal tradition. Using contemporary examples from various contexts, from Morocco to Malaysia, this volume presents an informative and vital analysis of these societies and gender relations within them. It unpicks the complex and often contradictory attitudes towards Muslim family law, and the ways in which justice and ethics are conceived in the Islamic tradition. The book offers a new framework for rethinking old formulations so as to reflect contemporary realities and understandings of justice, ethics and gender rights. "Trade ReviewThe book accomplishes its goal by exploring the political and hermeneutical challenges that hinder gender equality from being fully realized by scrutinizing Islamic texts and jurists’ opinions. * Journal of the Contemporary Study of Islam *Table of ContentsIntroduction: Muslim Family Law and the Question of Equality. Ziba Mir-Hosseini, Kari Vogt, Lena Larsen and Christian Moe 1. Justice, Equality and Muslim Family Laws: New Ideas, New Prospects. Ziba Mir-Hosseini Part I: Perspectives on Reality 2. Qiw?ma in Egyptian Family Laws: ‘Wifely Obedience’ between Legal Texts, Courtroom Practices and Realities of Marriages. Mulki Al-Sharmani 3. Egyptian Women’s Rights NGOs: Personal Status Law Reform between Islamic and International Human Rights Law. Marwa Sharafeldin 4. The Religious Arguments in the Debate on the Reform of the Moroccan Family Code. Aïcha El Hajjami 5. From Local to Global: Sisters in Islam and the Making of Musawah: A Global Movement for Equality in the Muslim Family. Zainah Anwar Part II: Approaches to Reform 6. Gender Equality and the Doctrine of Wilaya. Muhammad Khalid Masud 7. The Status of Women between the Qur‘an and Fiqh. Nasr Abu-Zayd 8. Gender Equality and the Hadith of the Prophet Muhammad: Reinterpreting the Concepts of Mahram and Qiwama. Faqihuddin Abdul Kodir 9. Rethinking Men’s Authority over Women: Qiwama, Wilaya and their Underlying Assumptions. Hassan Yousefi Eshkevari 10. Revisiting Women’s Rights in Islam: ‘Egalitarian Justice’ in Lieu of ‘Deserts-based Justice’. Mohsen Kadivar Part III: Instead of a Conclusion 11. The Paradox of Equality and the Politics of Difference: Gender Equality, Islamic Law and the Modern Muslim State. Anver M. Emon
£21.84
Edward Elgar Publishing Ltd International Family Law
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
£741.00
Jordan Publishing Ltd The Family Court Practice 2018
Book SynopsisThe Family Court Practice (the Red Book), covers the entire range of family business and contains all the essential materials you need to practice in the Family Court. The new edition will be fully updated to include the latest case-law, full coverage of new and amended legislation, Practice Directions and guidance. It will also contain fully and expertly annotated statutes and rules together with scores of unique step-by-step procedural guides, which direct you effortlessly to the relevant rules and annotation.
£529.99
LexisNexis UK Cohabitation
Book SynopsisThe numbers of unmarried cohabiting couples continue to increase, with the result that the law and practice relating to this area continues to grow insignificance for family and private client lawyers. This new edition of Cohabitation: Law Practice and Precedents has been extensively revised to take account of all procedural developments, as well as analysis of significant case-law.Whether preparing a cohabitation contract or pre-nuptial agreement, drafting wills for cohabiting couples, advising on rights on the breakdown of a relationship or the death of a partner, or applying for a personal protection order or a parental responsibility agreement, practitioners will find authoritative analysis of the applicable law and expert guidance on procedural issues.Cohabitation: Law, Practice and Precedents is the only work on the subject to provide commentary, checklists, procedural guides and precedents in a single volume making it an invaluable aid to all practitioners advising unmarried cou
£188.61
LexisNexis UK Child Protection Proceedings: Care and Adoption
Book Synopsis
£123.50
Ebury Publishing Get Divorced Be Happy
Book SynopsisTHE SUNDAY TIMES BESTSELLER''Helen is the woman I want in my life when the shit hits the fan'' - Bryony GordonWhat do you do when your relationship suddenly ends? How do you cope when the cosy ''coupley'' future you had planned disappears?Join comedian Helen Thorn from The Scummy Mummies as she haphazardly takes the plunge into single life for the first time in twenty-two years. Helen shares her own roller coaster journey from the initial shock of a surprise separation, the messy months hanging out in her PJs through to the highs of rediscovering online dating, tiny pants, rock-solid female friendships and the glorious joy of just being by herself.With the help of relationship experts and an army of women who know, Get Divorced, Be Happy will show you that going it alone isn''t the end, it is just the beginning, and you will come out the other side, stronger, happier and goddamn sassier than ever before.
£16.14
Edward Elgar Publishing Ltd European Family Law Volume I: The Impact of
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
£126.00
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