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A critical and comparative analysis of the past and future imperatives shaping child and family law around the world.
This companion provides scholars and postgraduate students with a comprehensive and authoritative review of current research in the area of international family law. Bringing together contributors from across a range of jurisdictions and legal traditions, the authors provide a concise but critical review of existing legal and informal regimes, including that of national and regional legislative bodies and courts, and the Hague Conference on Private International Law. Globalization and the vast migrations of capital and labour that have accompanied it in recent decades have transformed family law in once unimaginable ways. Families have been torn apart and new families have been created. Borders have become more porous, allowing adoptees and mail order brides to join new families and women fleeing domestic violence to escape from old ones. People of different nationalities marry, have children, and divorce, not necessarily in that order. They file suits in their respective home states or third states, demanding support, custody, and property. Otherwise law-abiding parents risk jail in desperate efforts to abduct their own children from foreign ex-spouses. Each chapter surveys the current state of research on each topic. While the subject is continually evolving, the authors reflect current thinking and point to directions for future research.
The Family in Law provides a jurisprudential analysis of current family law, connecting doctrinal discourse with sociological, historical and economic analyses of the institution of family. The law's focus on the nuclear family as the default model is central to the book's discourse, which contains in-depth discussions of the key areas of family law - marriage, divorce, children and property matters. Written for Australian legal actors - whether students, academics or professionals - readers are encouraged to question current frameworks, critique well-known cases and make informed conclusions on whether changes could be made to engender a fairer and more equitable society. In developing doctrinal analysis within a theoretical framework, The Family in Law challenges the conventional boundaries of family law, providing readers with both a solid foundation and a multi-layered perspective to their understanding of the topic.
The dramatic increase in the number of child-custody disputes since the seventies has created an equally dramatic need for a standard reference work that examines the growing social problem of children who develop an irrational hatred for a parent as the result of divorce. The International Handbook of Parental Alienation Syndrome: Conceptual, Clinical, and Legal Considerations features clinical, legal, and research perspectives from 32 contributors representing eight countries, building on the work of the late Dr. Richard Gardner, a pioneer in the theory, practice, diagnosis, and treatment of Parental Alienation Syndrome (PAS). This unique book addresses the effects of PAS on parents and children, discusses issues surrounding reconciliation between parent and alienated child, and includes material published for the first time on incidence, gender, and false allegations of abuse in PAS. Content highlights examines PAS and the roles of family members, the criminal justice system, and the need for public awareness and policymakers to respond to PAS. Descriptive statistics on 84 cases are given, and the factors affecting reconciliation between the child and target parent are listed. The mild, moderate, and severe categories of PAS are explored, and the psychological consequences of PAS indoctrination for adult children of divorce and the effects of alienation on parents are researched. The role of medical reports in the development of PAS, sexual abuse allegations, and future predictions on the fate of PAS children are many of the clinical considerations in this book. The legal issues concern PAS in American law, criticisms of PAS in courts of law, protecting the fundamental rights of children in families, family law reform, International PAS abductions, and the legal requirements of experts giving evidence to courts. The impact and implications of PAS are immense, and no other single source provides the depth and breadth of coverage of the topic than the clinical and forensic chapters in this book.
Designed to assist practitioners in the field, this title deals with child and family law. It is published following the significant changes in the related legislation for many years. The second edition is a comprehensive and authoritative text designed to assist practitioners, students and scholars with this increasingly complex area of law. Founded solidly in Scots law and incorporating the human rights dimension and empirical data, this text examines policy and practice as well as comparative and international solutions to the challenges facing the family and the legal system today.
The 1989 UN Convention on the Rights of the Child has inspired advocates and policy makers across the globe, injecting children's rights terminology into various public and private arenas. Children's right to participate in decision-making processes affecting their lives is the acme of the Convention and its central contribution to the children's rights discourse. At the same time the participation right presents enormous challenges in its implementation. Laws, regulations and mechanisms addressing children's right to participate in decision-making processes affecting their lives have been established in many jurisdictions across the globe. Yet these worldwide developments have only rarely been accompanied with empirical investigations. The effectiveness of various policies in achieving meaningful participation for children of different ages, cultures and circumstances have remained largely unproven empirically. Therefore, with the growing awareness of the importance of evidence-based policies, it becomes clear that without empirical investigations on the implementation of children's right to participation it is difficult to promote their effective inclusion in decision making. This book provides a much-needed, first broad portrayal of how child participation is implemented in practice today. Bringing together 19 chapters written by prominent authors from the United States, Canada, the United Kingdom, Ireland, New Zealand, Australia, and Israel, the book includes descriptions of programs that engage children and youth in decision-making processes, as well as insightful findings regarding what children, their families, and professionals think about these programs. Beyond their contribution to the empirical evidence on ways children engage in decision-making processes, the volume's chapters contribute to the theoretical development of the meaning of "participation," "citizenship," "inclusiveness," and "relational rights" in regards to children and youth. There is no matching to the book's scope both in terms of its breadth of subjects and the diversity of jurisdictions it covers. The book's chapters include experiences of child participation in special education, child protection, juvenile justice, restorative justice, family disputes, research, and policy making.

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