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Author: Masha Antokolskaia Publisher: ISBN: 9789462369276 Category : Law Languages : en Pages : 0
Book Description
Family Law and Family Realities contains a selection of papers presented at the 16th World Conference of the International Society of Family Law (ISFL) that took place in 2017 in Amsterdam, the Netherlands. The central theme of this volume is whether international and national family laws still adequately reflect changing family realities. The issues are examined in different geographical, political, social, cultural and religious settings, giving insight into how family laws relate to the actual practices and needs of different types of traditional and non-traditional families and to the distinct needs of vulnerable family members. Contributors come from Western and Eastern Europe, Israel, Africa, North and South America, Australasia and Asia. Specific topics addressed in the early chapters include cohabitation, same-sex relationships, polyamory, stepfamilies, ART, and the financial and parenting issues raised by divorce. Subsequent chapters deal with a wide range of new issues related to protecting the interests of children (e.g. cultural identity, gender identity, migration, the internet) and to providing care for the elderly and persons with disabilities.
Author: Masha Antokolskaia Publisher: ISBN: 9789462369276 Category : Law Languages : en Pages : 0
Book Description
Family Law and Family Realities contains a selection of papers presented at the 16th World Conference of the International Society of Family Law (ISFL) that took place in 2017 in Amsterdam, the Netherlands. The central theme of this volume is whether international and national family laws still adequately reflect changing family realities. The issues are examined in different geographical, political, social, cultural and religious settings, giving insight into how family laws relate to the actual practices and needs of different types of traditional and non-traditional families and to the distinct needs of vulnerable family members. Contributors come from Western and Eastern Europe, Israel, Africa, North and South America, Australasia and Asia. Specific topics addressed in the early chapters include cohabitation, same-sex relationships, polyamory, stepfamilies, ART, and the financial and parenting issues raised by divorce. Subsequent chapters deal with a wide range of new issues related to protecting the interests of children (e.g. cultural identity, gender identity, migration, the internet) and to providing care for the elderly and persons with disabilities.
Author: Harvey Brownstone Publisher: ECW Press ISBN: 1554903467 Category : Family & Relationships Languages : en Pages : 295
Book Description
Explaining complex family law concepts and procedures in a jargon-free style, this resource includes detailed information on how family court works, offers easily understandable case examples, and describes alternatives to litigation that are designed to help prevent families with children from entering the legal system to resolve disputes. Exploring subjects that apply to all parties involved in resolving separation, divorce, and custody conflictsjudges, lawyers, mediators, parenting coaches, psychologists, family counselors, and social workersthis reference demystifies the role of lawyers and judges, debunks the myth that parents can represent themselves in court, and examines each parents responsibility to ensure that post-separation conflicts are resolved with minimal emotional stress to children.
Author: Jane C. Murphy Publisher: NYU Press ISBN: 1479842206 Category : Family & Relationships Languages : en Pages : 240
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: Jill Elaine Hasday Publisher: Harvard University Press ISBN: 0674281284 Category : Law Languages : en Pages : 318
Book Description
This is the first book to explore the canonical narratives, stories, examples, and ideas that legal decisionmakers invoke to explain family law and its governing principles. Jill Elaine Hasday shows how this canon misdescribes the reality of family law, misdirects attention away from actual problems family law confronts, and misshapes policies.
Author: Carol Rogerson Publisher: ISBN: 9789462744202 Category : Languages : en Pages :
Book Description
Family Law and Family Realities contains a selection of papers presented at the 16th World Conference of the International Society of Family Law (ISFL) that took place in 2017 in Amsterdam, the Netherlands. The central theme of this volume is whether international and national family laws still adequately reflect changing family realities. The issues are examined in different geographical, political, social, cultural and religious settings, giving insight into how family laws relate to the actual practices and needs of different types of traditional and non-traditional families and to the distinct needs of vulnerable family members. Contributors come from Western and Eastern Europe, Israel, Africa, North and South America, Australasia and Asia. Specific topics addressed in the early chapters include cohabitation, same-sex relationships, polyamory, stepfamilies, ART, and the financial and parenting issues raised by divorce. Subsequent chapters deal with a wide range of new issues related to protecting the interests of children (e.g. cultural identity, gender identity, migration, the internet) and to providing care for the elderly and persons with disabilities. Bron: Flaptekst, uitgeversinformatie.
Author: Sanford N. Katz Publisher: Oxford University Press ISBN: 0199878196 Category : Law Languages : en Pages : 295
Book Description
For many years family law was viewed as a study of the regulation of relationships of husband and wife and parent and child. Both relationships were clearly defined. In the case of husband and wife, it was through formal legal procedures or informal arrangements called marriage. In the case of parent and child it was either through biology or adoption. Equally defined were the stages by which these relationships were established, maintained, and terminated. By the close of the twentieth century, basic questions about who should be officially designated a family member and by what procedure were being raised both in the legislature and in litigation. In addition, conventional models that had defined domestic relations such as marriage, divorce, and adoption were either being expanded to include contemporary patterns of living arrangements and the current reality or new models were being constructed. In Family Law in America, Professor Sanford N. Katz examines the present state of family law in America. Themes include the tension between individual autonomy and governmental regulation in all aspects of family law, the extent to which relationships established before marriage are being regulated, and how marriage is being redefined to take into account equality of the sexes. It demonstrates how the definition of marriage as a partnership in which the individual spouse's rights are recognized has resulted in protection of the vulnerable spouse and examines fault and no-fault divorce procedures and the extent to which these procedures reflect social realities. This volume describes state intervention into the parent and child relationship and how this is reflected in the reexamination of the privacy of the family unit. It concludes with a discussion of the conventional model of adoption of children and how additional models are being developed to take into account new family forms.
Author: Jill Elaine Hasday Publisher: Harvard University Press ISBN: 0674369858 Category : Law Languages : en Pages : 317
Book Description
This is the first book to explore the canonical narratives, stories, examples, and ideas that legal decisionmakers invoke to explain family law and its governing principles. Jill Elaine Hasday shows how this canon misdescribes the reality of family law, misdirects attention away from actual problems family law confronts, and misshapes policies.
Author: Flavia Agnes Publisher: Oxford University Press ISBN: 0199088489 Category : Law Languages : en Pages :
Book Description
Family law in India has a complex legal structure where different religious communities are guided by their own personal laws, each of which historically evolved under various social, religious, political, and legal influences. In two comprehensive and lucid volumes, Flavia Agnes, a leading activist and advocate in the area, examines family law in the light of social realities, contemporary rights discourse, and the idea of justice. What is unique in these volumes is that the ground level litigation practices around women's rights are interwoven with the critical analyses of the statutory provisions. Relying extensively upon case law, Volume 2 examines: the litigation around the validity of marriage and procedures for dissolving it, the contemporary debates around issues such as child marriages, NRI marriages, and registration of marriages the framework of law on the issues of maintenance, matrimonial residence, and custody and guardianship of children, and whether considering the procedural aspects of matrimonial law, and the increased powers of the family courts, gender justice concerns are being adequately addressed. The volume also emphasizes that it is necessary and possible for the law to fairly reflect individual and social contingencies at the ground level.
Author: Douglas E. Abrams Publisher: West Academic Publishing ISBN: 9781640205918 Category : Languages : en Pages : 1272
Book Description
This popular family law casebook engages students with the significant changes to the American family and the corresponding evolution of family law doctrine and policy. In the fifth edition, all 17 chapters are fully updated to reflect the latest family law developments, including ones that have occurred since Obergefell v. Hodges (2015). The book emphasizes that contemporary families take a variety of forms, including marital and nonmarital adult relationships, and that constitutional considerations play an increasingly important role in family law. The fifth edition preserves and builds on the approach of the earlier editions: presenting core substantive family law doctrine while also exploring ongoing and emerging policy debates and discussing the importance of cross-disciplinary collaborations with experts in fields such as psychology and accounting. A limited number of new cases replace older ones in most chapters, and the introductions to and notes and questions following each lead case, statute, or article have been thoroughly updated. In addition, problems for discussion in each chapter--including new and updated problems for this edition--enable students to apply doctrine in real-life settings that lawyers face. Contemporary Family Law also introduces the myriad issues central to family law practice and to a lawyer''s ethical and professional responsibilities. The book includes material on shifting paradigms in family law practice and the roles of family lawyers, and devotes separate chapters to professional ethics, alternative dispute resolution, and private ordering. The book addresses jurisdictional issues in one integrated chapter. In addition to providing a grounding in the historical and contemporary regulation of marriage, the book includes material throughout on the legal treatment of nonmarital couples and their children. The book also explores the diverse pathways to legal parentage and their impact on parent-child and co-parent relationships. Moreover, because child custody arrangements lead to some of the most acrimonious family disputes, this casebook devotes two chapters to custody: the first treats the initial custody decision, and the second explores continuing litigation concerning visitation, custody, and key childrearing decisions after the initial disposition, including disputes involving third parties such as cohabitants and grandparents. Both custody chapters include disputes involving nonmarital children. The fifth edition includes new and expanded material throughout, such as: Issues arising after Obergefell v. Hodges (2015), the Supreme Court''s decision on the fundamental right of same-sex couples to marry and to have every state recognize their marriage, and the decision''s ramifications throughout family law, including rules for entering marriage, parentage, domestic partnerships, civil unions, and other legal statuses. Changes in marriage regulation, including state bigamy and legal challenges to them and "child marriage," including legislative efforts to raise the minimum age of marriage, with examples of new legislation. Developments involving nonmarital couples, including Blumenthal v. Brewer''s affirmation of Illinois''s policy against allowing economic remedies for nonmarital couples. Changes in parentage law, including surrogacy legislation, the latest revision of the Uniform Parentage Act (2017), and the new Uniform Nonparent Custody and Visitation Act adopted in 2018. Extensive coverage of debt and family finances, new material drawn from numerous studies on the current economic climate (replacing the excerpt from Elizabeth Warren on bankruptcy), as well as new material on how the 2017 changes to federal tax law affect families; Discussion of Whole Woman''s Health v. Hellerstedt (S. Ct. 2016) and later developments in the courts and in state legislatures regulating access to abortion; New lead cases on moral fitness in custody adjudication and domestic violence in custody decisions with substantially revised notes; a new lead case on relocation by a custodial parent--here a male nurse--reflecting changes in the law in many jurisdictions; expanded notes on parental decisions involving transgender youth; and a new discussion of disputes over "custody" of animal companions, commonly known as pets. A full chapter containing updated materials about domestic violence and its harmful effects on marital and nonmarital households, and about intrafamily tort actions and family-related tort actions brought against family members by third persons. A full chapter on adoption, including the latest trends and practices in transracial adoption, international adoption by American parents, and adoption by same-sex couples. A fully updated chapter on the child support obligations of marital and non-marital parents.
Author: Mary Ann Glendon Publisher: University of Chicago Press ISBN: 9780226299709 Category : Law Languages : en Pages : 350
Book Description
Mary Ann Glendon offers a comparative and historical analysis of rapid and profound changes in the legal system beginning in the 1960s in England, France, West Germany, Sweden, and the United States, while bringing new and insightful interpretation and critical thought to bear on the explosion of legislation in the last decade. "Glendon is generally acknowledged to be the premier comparative law scholar in the area of family law. This volume, which offers an analytical survey of the changes in family law over the past twenty-five years, will burnish that reputation. Essential reading for anyone interested in evaluating the major changes that occurred in the law of the family. . . . [And] of serious interest to those in the social sciences as well."—James B. Boskey, Law Books in Review "Poses important questions and supplies rich detail."—Barbara Bennett Woodhouse, Texas Law Review "An impressive scholarly documentation of the legal changes that comprise the development of a conjugally-centered family system."—Debra Friedman, Contemporary Sociology "She has painted a portrait of the family in which we recognize not only ourselves but also unremembered ideological forefathers. . . . It sends our thoughts out into unexpected adventures."—Inga Markovits, Michigan Law Review
Author: Masha Antokolskaia
Author: Masha Antokolskaia
Author: Harvey Brownstone
Author: Jane C. Murphy
Author: Jill Elaine Hasday
Author: Carol Rogerson
Author: Sanford N. Katz
Author: Jill Elaine Hasday
Author: Flavia Agnes
Author: Douglas E. Abrams
Author: Mary Ann Glendon