Family law Books

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

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

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

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

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

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Book SynopsisNeue Technologien werfen neue rechtliche Fragen auf. Sie regen aber auch dazu an, alte Fragen neu zu denken. Inspiriert durch die aktuelle Diskussion um die Haftung für Systeme der Künstlichen Intelligenz, denen - ähnlich wie Menschen und Tieren - eine gewisse "Autonomie" zugeschrieben wird, erörtert Ann-Kristin Mayrhofer die Thematik der Haftung für fremde Autonomie. Sie vergleicht dabei die außervertragliche Haftung von Geschäftsherren und Tierhaltern mit der Haftung von Herstellern und Nutzern von "technischen Agenten" de lege lata . Ausgehend davon macht die Autorin Vorschläge für eine Weiterentwicklung des Haftungsrechts de lege ferenda . Der Schwerpunkt liegt auf dem Umgang mit den Risiken der Geschädigten, Schadensersatzansprüche nicht durchsetzen zu können, wobei insbesondere Beweisschwierigkeiten in den Blick genommen werden.

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Book SynopsisDer Band zielt auf eine systematische Bestandsaufnahme und perspektivische Erweiterung der Privatrechtstheorie einschließlich der methodischen Grundlagen. Die hier versammelten Beiträge verstehen sich als Bausteine zu einer laufenden Debatte. Eine kohärente Gesamtkonzeption einer Privatrechtstheorie wird also bewusst nicht vorgelegt. Vielmehr will der Band anhand zentraler Schwerpunkte, die für eine Theoriebildung erkenntnisleitend sein können, den Versuch unternehmen, die bislang eher selektiv anmutende Diskussion um eine sowohl grundlagenorientierte als auch dogmatische Perspektive zu erweitern.

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Book SynopsisThis text presents a concise compendium of America's sex laws and brings together in one place, and summarizes, the laws regulating personal sexual activity.Table of ContentsIntroduction 1: Rape and Sexual Assault 2: Marital Exemptions from Rape and Sexual Assault 3: Age of Consent 4: Sodomy 5: Transmission of Disease 6: Public Nudity and Indecency 7: Fornication 8: Adultery 9: Abuse of Position of Trust or Authority 10: Incest 11: Bigamy 12: Prostitution 13: Possession of Obscene Materials 14: Bestiality 15: Necrophilia 16: Obscene Communications 17: Voyeurism Glossary

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Book SynopsisThis is a concise compendium of America's sex laws, summarizing the laws regulating personal sexual activity; revealing gaps, anachronisms, anomalies, inequalities and irrationalities; and providing an empirical basis for studies of sexual regulation.

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Book SynopsisOVER 1,000 SOURCES OF FREE DOLLARS AND ASSISTANCE FOR SENIORS Millions of dollars of services are available to help seniors and their caregivers get the top quality care they need for free or at a minimal cost.Table of ContentsTHE SERVICES AND PRODUCTS. Services and Products Available for the Well at Home. Community-Based Services. Services Provided at Home for the Ill. Alternative Housing Arrangements for Older People. Nursing Homes. Arranging and Checking Care from Afar. THE SOURCES. Associations and Organizations Directed Toward the Needs of OlderAmericans. Private Foundation Funding. Area Agencies on Aging. Bibliography. Index.

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Book SynopsisDivorce and Domestic Relations Litigation represents the accountant''s body of knowledge on divorce and domestic relations and how it relates to the divorce process, alimony, child support, and property. At once a reference tool and a training guide for firms entering this specialization, this book provides the financial professional with a single source of information regarding the financial impact, the practical course, and the underlying theories that impact domestic relations.Table of ContentsPreface. 1. THE FINANCIAL ADVISER'S IMPACT ON DIVORCE LITIGATION. Nature and Administration of the Practice. State of Law. Initial Meetings with Counsel or the Client. Child Support. Property Issues. Tracing of Assets. Division of Property. Other Issues. 2. THE FINANCIAL ADVISER'S ROLE IN DIVORCE LITIGATION. The Financial Adviser's Role. The Divorce Process. Trials. Neutral Roles. 3. THE DETERMINATION AND TAXATION OF DIVORCE PROPERTY DIVISIONS. Property Theory and Issues. Family-Limited Partnerships. Taxation of Property Transfers. Redemption of Stock in a Closely Held Corporation. 4. THE VALUATION OF BUSINESSES IN DIVORCE LITIGATION. Business Valuation. Standards. Valuation Methodologies. Analysis of the Business. Control versus Minority Interests and Other Discounts and Premiums. Determination of Value. 5. THE VALUATION AND DIVISION OF RETIREMENT PLANS IN DIVORCE LITIGATION. Retirement Plans. Types of Qualified Plans. Governmental Plans. Individual Retirement Accounts, Simplified Employee Pensions, and SIMPLE Plans. Transfer of Retirement Assets. Nonqualified Plans. 6. THE TAXATION AND DETERMINATION OF SUPPORT IN DIVORCE LITIGATION. Child Support. Spousal Support. Types of Spousal Support. Tax Treatment of Spousal Support. Recapture of Spousal Support. Spousal Support Treated as Child Support. Spousal Support Substituted for Property Awards. Allocation between Child Support and Spousal Support. 7. THE DIFFERENCES OF PROPERTY AND INCOME IN DIVORCE LITIGATION AND ISSUES OF THE MARITAL RESIDENCES. Property or Income. Marital Residence. 8. TAX ISSUES IN DIVORCE LITIGATION. Income Tax. Innocent Spouse Relief. Expanded Innocent Spouse Relief. Separate Liability Election. Equitable Relief. Miscellaneous Tax Issues. Tax Attributes in Divorce. 9. THE FINANCIAL ADVISER'S TESTIMONY. Testimony. Preparation for Trial. Direct Examination. Cross-Examination. Redirect Examination. Recross Examination. The Decision. Index.

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Book SynopsisExploring the phenomenon of divorce in American society, this book looks at divorce as a legal action, as an individual experience, and as a cultural symbol in its era of institutionalization. It analyzes the legal and legislative aspects of divorce and the public response to them.Trade Review"Anyone who imagines social lament over divorce to be a very recent phenomenon should read Norma Basch's book, which tells a fascinating set of stories about law and about culture in the United States, from the forging of divorce provision in the Revolutionary era to the moral ambiguities and acknowledged hypocrisies it caused a century later. Tacking between the social facts of rising divorce and the alarmed or enthusiastic commentary on it, Framing American Divorce guides us through the social landscape of nineteenth-century America, a tour of shifting hierarchies in which anxieties about increasing personal freedom were as powerful as desires for it." - Nancy Cott, author of The Grounding of Modern Feminism

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Book SynopsisTrade Review“Hatcher, a professor of law and advocate for social justice, delivers a well-researched, scholarly, disturbing synthesis of social history and legal treatise, tracking the long-term monetization of the justice system. . . . A useful, bleak exposé of a little-understood legal labyrinth constructed to harm the most vulnerable.” * Kirkus Reviews *"Hatcher meticulously reveals a nefarious, unethical operation within juvenile and criminal justice systems. . . . This book will serve as a valuable contribution to many fields and provides an insightful resource for educators, families, and communities." * CHOICE *"Hatcher’s Injustice, Inc. provides an entirely new line of inquiry examining the hidden internal juvenile legal practices that center on capturing money— from federal funds to individuals’ income and assets. This book provides a dizzying eye opening deep dive into the juvenile legal system to highlight the strategies and practices which courts, police, prosecutors, probation offices, and confinement institutions use to generate revenue for state and local jurisdictions and even for personal profit." * Social Forces *“Daniel L. Hatcher, in his book Injustice, Inc., describes in detail a frankly apartheid system finely designed to milk every source of revenue from poor children.. He describes ‘factory-like operations’, ‘industrialization of harm’, ‘child support mercenaries’. He quotes official contracts that describe foster children as ‘units’, children as ‘data match algorithms’ for ‘predictive analytics’, and children as a ‘revenue generating mechanism.’ Paraphrasing poet Walt Whitman: ‘Out of the cradle endlessly rocking … [to] death, death, death, death.’” * Counterpunch *Table of ContentsContents Acknowledgments Introduction 1. Crumbling Foundations of Justice 2. Juvenile Courts Monetizing Child Removals 3. Judicial Child Support Factory 4. Prosecuting the Poor for Profit 5. The Probation Business 6. Policing and Profiting from the Poor 7. Bodies in the Beds: The Business of Jailing Children and the Poor 8. Racialized Harm of the Injustice Enterprise Conclusion Notes Selected Bibliography Index

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Book SynopsisEssentially a Mother argues that the law of pregnancy and motherhood has been overrun by sexist ideology. Courts have held that a pregnant woman's nine months of gestation hardly count in her claim to parent the child she bears and that a man's brief moment of ejaculation matters more than a woman's labor. Armed with such dubious arguments, courts have stripped women of the right to abortion, treated surrogate mothers as mere vessels, and handed biological fatherseven those who became fathers through rapeautomatic rights over women and their children. In this incisive and groundbreaking book, Jennifer Hendricks argues that feminists must overthrow the skewed value system that subordinates women, devalues caregiving, and denies too many the right to parent.Trade Review"Comprehensive yet concise. . . . Essentially a Mother arrives just when we need a reminder that it is time to update the values at the basis of American law and that relational feminism shows us how to do it." * Jotwell *"Jennifer Hendricks has done us all a service by problematizing a legal framework that does not respect sexual difference between men and women. In doing so, she gives us the chance to restore both humanity and justice to our law." * Deseret News *Table of ContentsContents Introduction PART ONE SEX DIFFERENCE AND ACCOMMODATION 1 • Mothers at Work 2 • Fathers at Home 3 • What the Law Protects . . . 4 • . . . and Why PART TWO THE COLLAPSE OF THE CARETAKING 5 • Expanding Fathers’ Rights against Mothers 6 • Sidelining Inconvenient Fathers 7 • Leveling Down to Genes PART THREE A FEMINIST APPROACH 8 • How to Reason from the Body 9 • The Body and Beyond Conclusion Timeline of Cases Acknowledgments Notes Bibliography Index

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Book SynopsisEssentially a Mother argues that the law of pregnancy and motherhood has been overrun by sexist ideology. Courts have held that a pregnant woman's nine months of gestation hardly count in her claim to parent the child she bears and that a man's brief moment of ejaculation matters more than a woman's labor. Armed with such dubious arguments, courts have stripped women of the right to abortion, treated surrogate mothers as mere vessels, and handed biological fatherseven those who became fathers through rapeautomatic rights over women and their children. In this incisive and groundbreaking book, Jennifer Hendricks argues that feminists must overthrow the skewed value system that subordinates women, devalues caregiving, and denies too many the right to parent.Trade Review"Comprehensive yet concise. . . . Essentially a Mother arrives just when we need a reminder that it is time to update the values at the basis of American law and that relational feminism shows us how to do it." * Jotwell *"Jennifer Hendricks has done us all a service by problematizing a legal framework that does not respect sexual difference between men and women. In doing so, she gives us the chance to restore both humanity and justice to our law." * Deseret News *Table of ContentsContents Introduction PART ONE SEX DIFFERENCE AND ACCOMMODATION 1 • Mothers at Work 2 • Fathers at Home 3 • What the Law Protects . . . 4 • . . . and Why PART TWO THE COLLAPSE OF THE CARETAKING 5 • Expanding Fathers’ Rights against Mothers 6 • Sidelining Inconvenient Fathers 7 • Leveling Down to Genes PART THREE A FEMINIST APPROACH 8 • How to Reason from the Body 9 • The Body and Beyond Conclusion Timeline of Cases Acknowledgments Notes Bibliography Index

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Book SynopsisIntroduces an expansive vision of the family and a brilliant legal arrangement that will protect the lives of millions of adults. Today, about half of all adults are unmarried. Many of those are in significant relationshipssome intimate, others based in friendship, finances, or family tiesbut the law offers them few protections. Amid the growing recognition that modern families take all shapes, More Than Marriage presents a refreshing vision for the future. With this book, noted family-law expert John G. Culhane takes us on a guided tour of how the march toward marriage equality spun off a number of other legal statuses, and explores how the law has expanded and where it falls short. This lively living history is grounded in relatable, in-depth interviews that give voice to the millions of Americans building family structures outside the protections of marriagewhether by choice, necessity, or exclusion. Culhane proposes an updated legal status that offers flexible and portable Trade Review"An inspired introduction to legal understandings of marriage equality that issues an urgent argument for continued reforms." * Foreword Reviews *"This book about marriage alternatives should appeal to a general audience. Ideal for those interested in domestic law policies." * Library Journal *"Recommended [for] advanced undergraduates through faculty; professionals; general readers." * CHOICE *"Culhane offers a refreshing take on how we might legally enshrine a variety of forms of relationships and intimacies. . . . More Than Marriage will be immersive reading for those interested in the legal recognition of relationships and for imagining new possibilities beyond marriage." * Gender & Society *Table of ContentsList of Tables Preface Introduction: Marriage Equality—an Important but Limited Victory 1. The Dawn of the Domestic Partnership, or "We Bored Them to Death" 2. Civil Unions: Not Marriage, but an Incredible Simulation! 3. The Designated Beneficiary Agreement Act: Colorado's Successful Experiment 4. What Is Marriage, Anyway? (And What Isn't Marriage?) 5. Matching Relationship Law to Reality Notes References Index

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Book SynopsisIntroduces an expansive vision of the family and a brilliant legal arrangement that will protect the lives of millions of adults. Today, about half of all adults are unmarried. Many of those are in significant relationshipssome intimate, others based in friendship, finances, or family tiesbut the law offers them few protections. Amid the growing recognition that modern families take all shapes, More Than Marriage presents a refreshing vision for the future. With this book, noted family-law expert John G. Culhane takes us on a guided tour of how the march toward marriage equality spun off a number of other legal statuses, and explores how the law has expanded and where it falls short. This lively living history is grounded in relatable, in-depth interviews that give voice to the millions of Americans building family structures outside the protections of marriagewhether by choice, necessity, or exclusion. Culhane proposes an updated legal status that offers flexible and portable Trade Review"An inspired introduction to legal understandings of marriage equality that issues an urgent argument for continued reforms." * Foreword Reviews *"This book about marriage alternatives should appeal to a general audience. Ideal for those interested in domestic law policies." * Library Journal *"Recommended [for] advanced undergraduates through faculty; professionals; general readers." * CHOICE *"Culhane offers a refreshing take on how we might legally enshrine a variety of forms of relationships and intimacies. . . . More Than Marriage will be immersive reading for those interested in the legal recognition of relationships and for imagining new possibilities beyond marriage." * Gender & Society *Table of ContentsList of Tables Preface Introduction: Marriage Equality—an Important but Limited Victory 1. The Dawn of the Domestic Partnership, or "We Bored Them to Death" 2. Civil Unions: Not Marriage, but an Incredible Simulation! 3. The Designated Beneficiary Agreement Act: Colorado's Successful Experiment 4. What Is Marriage, Anyway? (And What Isn't Marriage?) 5. Matching Relationship Law to Reality Notes References Index

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Book SynopsisSome people dwell alone, many in family-based households, and an adventuresome few in communes. This book presents the internal dynamics of these and other home arrangements. It explores issues such as the sharing of household output, the control of domestic misconduct, and the ownership of dwelling units.Trade ReviewOne of Choice's Outstanding Academic Titles for 2009 "Robert C. Ellickson defines the household as a voluntary grouping of relatives or non-relatives living under the same roof. As he points out in his engaging study, this pervasive institution has received surprisingly little attention from social theorists... The Household, a short, curious and enjoyable book, provides a novel way of looking at an institution from which very few of us can escape."--Lucy Worsley, Times Literary Supplement "Ellickson's book represents a skillful use of the analytical tools of the law-and-economics movement to understand relations within the household--a complicated machine for living that involves a large number of joint decisions... Ellickson's book pushes us to think more clearly about the benefits and the costs of homeownership. His book makes sense of one of the most striking facts in the homeownership literature: the extremely tight relationship between structure type and ownership... Houses are most Americans' most important asset. They are the stages on which we live our lives. And so housing policy is worthy of intense attention--but until the current crisis housing policy existed in the netherworld of the more unglamorous public pursuits. Perhaps our present-day troubles will create the opportunity to produce better housing policies, or so I hope. Robert Ellickson's ideas can certainly help."--Edward Glaeser, The New Republic "This volume is a tour de force! Ellickson takes the reader on an erudite, highly informative journey through the household in all of its many manifestations and facets... The reader enjoys a catholic view of why households persist; why they are the size they are; how ownership versus rental decisions are made; what motivates adding or shedding household members; and most fascinatingly, how informal norms regulate household occupant behavior with little formal and explicit societal legislation."--D. J. Conger, Choice "Through its methodological synthesis of economic with legal and sociological analysis, this text serves as an important primer on household structures in liberal societies."--Patricia McGee Crotty, Law and Politics Book Review "By pulling together a range of diverse topics and data, the book is thought-provoking. It is dense but readable, and Ellickson presents economic arguments in an accessible way. Reading it challenged (and energized) me to think about the unique contribution of sociological explanations."--Carrie Yodanis, Canadian Journal of SociologyTable of ContentsPreface xi Chapter 1: how households differ from families 1 Chapter 2: household formation and dissolution in a liberal society 10 Three Distinct Relationships that May Exist within a Household 10 Foundational Liberal Rights that Enable Individuals to Fashion Their Own Households 13 Household Surplus and Its Distribution among Members 22 Chapter 3: The predominant strategy : consorting with intimates 27 Favoring Those with Whom One Will Have Continuing Relations 29 Limiting the Number of Persons in the Relationship 32 Favoring Homogeneity of Tastes and Stakes 32 Chapter 4: a historical overview of household forms 35 Occupants of Households: The Predominance of Small, Kin-Based Clusters 35 Owners of Dwelling Units 41 Residential Landlord-Tenant Relationships 44 Chapter 5: are the household forms that endure necessarily best? 46 Utopian Designs of Unconventional Households 46 Possible Imperfections, from a Liberal Perspective, in the Process of Household Formation 47 Is Liberalism Overly Destructive of Solidarity? 51 The Unpromising History of Experiments with Unconventional Household Forms 53 Chapter 6: choosing which of a household's participants should serve as i ts owners 60 Basic Concepts in the Theory of the Ownership of Enterprise 60 Why Suppliers of a Household's At-Risk Capital Tend to End Up Owning It 64 Chapter 7: The mixed blessings of joining with others 76 Adding Co-Occupants 76 Adding Co-Owners 85 Choosing between Owning and Renting a Home 86 Chapter 8: order without law in an ongoing household 92 The Tendency toward Welfare-Maximizing Substantive and Procedural Rules 94 Sources of Household Rules: In General 101 Rules for Co-Occupants 109 Rules for Co-Owners 120 Rules to Govern the Landlord-Tenant Relationship 123 Chapter 9: The challenge of unpacking the household 128 Appendix A: Data on Intentional Communities 137 Appendix B: Data on Co-housing Communities 145 Notes 147 Works Cited 199 Index 237

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Book SynopsisUnfulfilled legal needs are at a tipping point in many parts of the Canadian justice system and around the world. The Justice Crisis assesses what is and isn't working in an effort to improve a fundamental right of democratic citizenship: access to civil and family justice.Meaningful access is often a question of providing pathways to resolving everyday legal issues. The availability of justice services that aren't only tied to the courts and lawyers such as public education on the law, alternative dispute settlement, and paralegal support is therefore an important concern.Contributors to this wide-ranging overview of new empirical research address several key justice issues: the extent and cost of unmet legal needs; the role of public funding; connections between legal and social exclusion among vulnerable populations; the value of new legal pathways; the provision of justice services beyond the courts and lawyers; and the need for a culture change within tTrade Review"This book is a useful resource on the costs of justice and also lays out some of the challenges in achieving meaningful access to justice." -- Ian Mackenzie * Slaw Magazine *

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

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

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

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

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

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Book SynopsisThe Impact of Institutions and Organisations on European Family Law looks at the impact that institutions and organisations have had, and continue to have, on European family law. In many ways the chapters in this volume provide the easiest explanation for the existence of a European family law. While there is no European body that could actually legislate definitively on family law even the European Union has no such mandate there are still some obvious institutions that have a very direct impact on European family law. These can be divided into two groups; namely those that have a direct impact, such as the European Court of Human Rights and the European Union, and those that have an indirect impact, such as the Commission on European Family Law (CEFL), the Council of Europe and the International Commission on Civil Status (ICCL/CIEC) as well as the private international law instruments of the Hague Conference (HCCH) and the EU. Together, with religion, all of these institutions are contributing to the creation of a European family law.This book, and the others in the set, will serve as an invaluable resource for anyone interested in family law. It will be of particular use to students and scholars of comparative and international family law, as well as family law practitioners.Contributors: H. Baker, K. Boele-Woelki, D. Coester-Waltjen, G. De Baere, M. Groff, K. Gutman, N. Lowe, J. Mair, D. Martiny, W. Pintens, J.M. ScherpeTrade Review‘The four volumes that make up this monumental project represent the insight and experience of many fine family law scholars. The volumes examine themes, individual countries, and distinct pan-European institutions and developments. Jens Scherpe’s tour de force is to pull all this together in the final remarkable volume. For a non-European like me, it is fascinating to read about harmonisation and diversity, privacy and rights, pluralism and protection. This is a truly wonderful achievement.’ -- Bill Atkin, Victoria University of Wellington, New Zealand‘This collection is remarkable for its organisation and presentation of a mass of complex material (including recommendations for further reading) which will not only inform, but stimulate those interested in the development of family law in a multi-national context. It must form an essential part of any library covering modern family law. In providing this, the editor and the team of contributors have done a great service. The frameworks (the EU, the Council of Europe) are complicated and in some respects unique and generate their own problems, and attempts to solve them. Questions about their nature and future, including the place of European family law in the global community, lurk in the shadows.’ -- The International Journal of Law, Policy and the FamilyTable of ContentsContents: European Family Law – Introduction to the Book Set Jens M. Scherpe Introduction to European Family Law Volume 1: The Impact of Institutions and Organisations on European Family Law Jens M. Scherpe 1. The Impact of the European Union and the European Court of Justice on European Family Law Geert De Baere and Kathleen Gutman 2. The Impact of the European Convention on Human Rights and the European Court of Human Rights on European Family Law Dagmar Coester-Waltjen 3. The Impact of the Council of Europe on European Family Law Nigel Lowe 4. The Impact of the International Commission on Civil Status (ICCS) on European Family Law Walter Pintens 5. The Impact of the Hague Conventions on European Family Law Hannah Baker and Maja Groff 6. The Impact of the Commission on European Family Law (CEFL) on European Family Law Katharina Boele-Woelki 7. The Impact of the EU Private International Law Instruments on European Family Law Dieter Martiny 8. The Impact of Religion on European Family Law Jane Mair Index

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

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

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

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

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

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