The Voice of a Child in Family Law Disputes PDF Download

Author: Patrick Parkinson
Publisher: Oxford University Press on Demand
ISBN: 0199237794
Category : Family & Relationships
Languages : en
Pages : 249

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Book Description
Is it better to keep children out of family law conflicts about parenting, or to give them a say? This book integrates the issues with empirical data on the views and experiences of children and other participants in such disputes, suggesting ways that children can better be heard without placing them at the centre of conflicts.

Author: Jane C. Murphy
Publisher: NYU Press
ISBN: 1479842206
Category : Family & Relationships
Languages : en
Pages : 240

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Book Description
Over the past thirty years, there has been a dramatic shift in the way the legal system approaches and resolves family disputes. Traditionally, family law dispute resolution was based on an “adversary” system: two parties and their advocates stood before a judge who determined which party was at fault in a divorce and who would be awarded the rights in a custody dispute. Now, many family courts are opting for a “problem-solving” model in which courts attempt to resolve both legal and non-legal issues. At the same time, American families have changed dramatically. Divorce rates have leveled off and begun to drop, while the number of children born and raised outside of marriage has increased sharply. Fathers are more likely to seek an active role in their children’s lives. While this enhanced paternal involvement benefits children, it also increases the likelihood of disputes between parents. As a result, the families who seek legal dispute resolution have become more diverse and their legal situations more complex. In Divorced from Reality, Jane C. Murphy and Jana B. Singer argue that the current "problem solving" model fails to address the realities of today's families. The authors suggest that while today’s dispute resolution regime may represent an improvement over its more adversary predecessor, it is built largely around the model of a divorcing nuclear family with lawyers representing all parties—a model that fits poorly with the realities of today's disputing families. To serve the families it is meant to help, the legal system must adapt and reshape itself.

Author: John Eekelaar
Publisher: BRILL
ISBN: 9004304924
Category : Law
Languages : en
Pages : 339

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Book Description
In Family Law in Britain and America in the New Century: Essays in Honor of Sanford N. Katz nineteen leading family law scholars in the US and Britain pay tribute to Sanford Katz, Darald and Juliet Libby Millennium Professor Emeritus and Professor of Law, Boston College Law School by giving a critical account of developments in family law in their jurisdictions since 2000. Areas covered include the institution of marriage, financial and property issues, parents and children, the state and children, access to justice, and international issues as well as an overview by the Editor. The volume will provide a stimulating and accessible account of the state and current direction of travel of family law in those countries.

Author:
Publisher: Oxford University Press
ISBN: 0190694416
Category : Law
Languages : en
Pages : 954

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Book Description
The Oxford Handbook of Children and the Law presents cutting-edge scholarship on a broad range of topics covering the life course of humans from before birth to adulthood, by leading scholars in law, medicine, social work, sociology, education, and philosophy, and by practitioners in law and medicine. An international collection of authors presents and analyzes the law and science pertaining to reproduction; prenatal life (including fetal exposure to toxic substances and abortion); parentage (including biology-based rights, background checks on birth parents, adoption, the status of gamete donors, and surrogacy); infant development and vulnerability; child maltreatment (including corporal punishment and religious defences to abuse and neglect); child protection policy and systems; foster care; child custody disputes between parents or between parents and other caregivers; schooling (including financing, resegregation, religious expression in public schools, at-risk students, special education, regulation of private schools, and homeschooling); delinquency; minimum-age laws; and child advocacy. Most chapters follow a format wherein they first describe the most debated or dynamic issues in each topical area, then explain in depth the law and/or science pertaining to the author's particular focus, and finally offer arguments and recommendations as to law and policy in that area. The normative component aims to advance discussions and debates in vital areas of contemporary child welfare law and policy. The Handbook is an essential resource for scholars and professionals interested in the intersection of children and the law.

Author: Alison Diduck
Publisher: BRILL
ISBN: 9004261494
Category : Law
Languages : en
Pages : 685

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Book Description
This collection, written by legal scholars from around the world, offers insights into a variety of topics from children’s rights to criminal law, jurisprudence, medical ethics and more. Its breadth reflects the fact that these are all elements of what can broadly be called ‘law and society’, that enterprise that is interested in law’s place or influence in diffferent aspects of real lives and understands law to be simultaneously symbol, philosophy and action. It also testament to the broad range of vision of Professor Michael Freeman, in whose honour the volume was conceived. The contributions are divided into categories which reflect his distinguished career and publications, over 85 books and countless articles, including pioneering work on children’s rights, domestic violence, religious law, jurisprudence, law and culture, family law and medicine, ethics and the law, as well as his enduring commitment to interdisciplinarity.

Author: Melissa L. Breger
Publisher: Rowman & Littlefield
ISBN: 1793618364
Category : Law
Languages : en
Pages : 409

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Book Description
By utilizing socio-legal principles as the theoretical underpinnings to each chapter, the contributors offer novel perspectives on how diverse societies across the globe shape family law and ways in which norms within family law may be changed over time.

Author: Tali Gal
Publisher: Oxford University Press, USA
ISBN: 0199366985
Category : Political Science
Languages : en
Pages : 501

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Book Description
Providing a broad portrayal of how child participation is implemented in practice today, this volume brings together prominent authors from the US, Canada, the UK, Ireland, New Zealand, Australia and Israel, to present descriptions of innovative programmes that engage children and youth in decision-making processes, as well as insightful findings regarding what children, their families and professionals think about these programmes. Beyond its contribution to the empirical evidence on the ways in which children engage in decision-making processes, it also contributes to the theoretical development of the meaning of 'participation', 'citizenship', 'inclusiveness' and 'relational rights' in regards to children and youth.

Author: Claire Fenton-Glynn
Publisher: BRILL
ISBN: 9004446850
Category : Law
Languages : en
Pages : 360

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Book Description
In this book leading international scholars provide fascinating insights into the vital but enigmatic role of Article 5 of the Convention on the Rights of the Child.

Author: Michael Freeman
Publisher: Hotei Publishing
ISBN: 9004271775
Category : Law
Languages : en
Pages : 442

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Book Description
This volume is in part intended to celebrate the 25th anniversary of the United Nations Convention on the Rights of the Child. We are now a generation on from its formulation, and, as this varied collection of articles by leading thinkers in the field reflects, children's rights have come a long way. Yet the aim of this volume is not to look back, but to take stock and look forward. It explores subjects as diverse as socio-economic rights, corporal punishment, language and scientific progress as they relate to children and their rights, and offers new insights and new ideas. Edited by one of the most respected and leading scholars in the field, The Future of Children's Rights constitutes a stimulating and useful resource for academics and practitioners alike.

Author: Aisling Parkes
Publisher: Routledge
ISBN: 1135085196
Category : Law
Languages : en
Pages : 400

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Book Description
The United Nations Convention on the Rights of the Child 1989 is one of the most highly ratified human rights treaties in the world, with 192 states currently signed up to it. Article Twelve is fundamental to the Convention and states that all children capable of forming views have the right to express those views, and recognises that all children have the right to be heard in any judicial and administrative proceedings affecting them. This book explores the historical and theoretical background to Article Twelve, and examines the various models of participation which have been created to facilitate a better understanding of this provision. Aisling Parkes analyzes the extent to which Article Twelve has been implemented under international law, and in domestic law, as well as setting-out recommendations for the most effective ways of implementing Article Twelve in all areas of children’s lives.