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The Voice of a Child in Family Law Disputes

The Voice of a Child in Family Law Disputes
Author: Patrick Parkinson
Publisher: Oxford University Press, USA
Total Pages: 249
Release: 2008
Genre: Family & Relationships
ISBN: 0199237794

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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.


Divorced from Reality

Divorced from Reality
Author: Jane C. Murphy
Publisher: NYU Press
Total Pages: 227
Release: 2015-06-26
Genre: Family & Relationships
ISBN: 1479842206

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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.


Family Law in Britain and America in the New Century

Family Law in Britain and America in the New Century
Author: John Eekelaar
Publisher: BRILL
Total Pages: 339
Release: 2016-09-08
Genre: Law
ISBN: 9004304924

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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.


The Oxford Handbook of Children and the Law

The Oxford Handbook of Children and the Law
Author:
Publisher: Oxford University Press
Total Pages: 954
Release: 2020-02-07
Genre: Law
ISBN: 0190694416

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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.


Law in Society: Reflections on Children, Family, Culture and Philosophy

Law in Society: Reflections on Children, Family, Culture and Philosophy
Author: Alison Diduck
Publisher: BRILL
Total Pages: 685
Release: 2015-08-27
Genre: Law
ISBN: 9004261494

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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.


Exploring Norms and Family Laws across the Globe

Exploring Norms and Family Laws across the Globe
Author: Melissa L. Breger
Publisher: Rowman & Littlefield
Total Pages: 409
Release: 2022-03-28
Genre: Law
ISBN: 1793618364

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Bringing together some of the world’s leading family law scholars, as well as bright and emerging minds in the field of global family law, this book explores the differences and commonalities in the conceptualization and legal treatment of families throughout different legal traditions. Each chapter delves into topics integral to family law jurisprudence and serves as a novel examination into a deep slice of family law. Together, the four parts and sixteen chapters create a melodious and intriguing examination of groundbreaking and cutting-edge areas of law in the realm of the family. The four parts primarily focus upon a major family law topic with the authors examining the laws across jurisdictions, cross-nationally, or in some cases intra-jurisdictionally. It is through this comparative lens that we see how family law concepts are woven into the fabric of overall society around the globe. This book is of interest to family law, international law, sociology, and socio-legal scholars.


Handbook of Children in the Legal System

Handbook of Children in the Legal System
Author: Ginger C. Calloway
Publisher: Routledge
Total Pages: 396
Release: 2021-08-26
Genre: Psychology
ISBN: 042967421X

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This handbook brings together the relevant literature on children and their developmental characteristics, the legal venues in which they may appear, and the systemic issues practitioners must consider to provide a thorough guide to working with children in the legal system. Featuring contributions from leading mental health and legal experts, chapters start with an overview and history of the juvenile justice system along with discussion of critical developmental areas imperative to consider for work with children, and idiosyncratic issues that arise. The book ends with a case presentation section that illustrates the varied roles and venues in which children appear in the legal system. An extended bibliography provides additional resources and literature to investigate specific topics in greater length. This accessible and useable guide is designed to appeal to a broad range of people encountering children in the legal system, including social workers, psychologists, psychiatrists, attorneys, and judges. It will also benefit professions such as law enforcement as well as probation officers, child protective workers, school personnel, and medical personnel.


International Perspectives and Empirical Findings on Child Participation

International Perspectives and Empirical Findings on Child Participation
Author: Ṭali Gal
Publisher: Oxford University Press, USA
Total Pages: 501
Release: 2015
Genre: Law
ISBN: 0199366985

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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.


Hear My Voice/Escucha mi voz

Hear My Voice/Escucha mi voz
Author:
Publisher: Workman Publishing Company
Total Pages: 97
Release: 2021-04-13
Genre: Juvenile Nonfiction
ISBN: 1523514213

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The Testimony of Children A moving picture book for older children and families that introduces a difficult topic, amplifying the voices and experiences of immigrant children detained at the border between Mexico and the US. The children's actual words (from publicly available court documents) are assembled to tell one heartbreaking story, in both English and Spanish (back to back). Each spread is illustrated in striking full-color by a different Latinx artist. A portion of sales will be donated to human rights organizations that work with children on the border.


Rewriting Children’s Rights Judgments

Rewriting Children’s Rights Judgments
Author: Helen Stalford
Publisher: Bloomsbury Publishing
Total Pages: 717
Release: 2017-11-02
Genre: Law
ISBN: 1782259260

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This important edited collection is the culmination of research undertaken by the Children's Rights Judgments Project. This initiative involved academic experts revisiting existing case law, drawn from a range of legal sub-disciplines and jurisdictions, and redrafting the judgment from a children's rights perspective. The rewritten judgments shed light on the conceptual and practical challenges of securing children's rights within judicial decision-making and explore how developments in theory and practice can inform and (re-)invigorate the legal protection of children's rights. Collectively, the judgments point to five key factors that support a children's rights-based approach to judgment writing. These include: using children's rights law and principles; drawing on academic insights and evidence; endorsing child friendly procedures; adopting a children's rights focused narrative; and using child-friendly language. Each judgment is accompanied by a commentary explaining the historical and legal context of the original case and the rationale underpinning the revised judgment including the particular children's rights perspective adopted; the extent to which it addresses the children's rights deficiencies evident in the original judgment; and the potential impact the alternative version might have had on law, policy or practice. Presented thematically, with contributions from leading scholars in the field, this innovative collection offers a truly new and unique perspective on children's rights.