Changes in family structures, demographics, social attitudes and economic policies over the last sixty years have had a large impact on family lives and correspondingly on family law. This book provides global perspectives on the policy challenges facing family law and policy round the world.
The chapters apply legal, sociological, demographic and social work research to explore the most significant issues that have been commanding the attention of family law policy-makers in recent years. Featuring contributions from a range of renowned global experts, the book draws on multiple jurisdictions and offers comparative analysis across a range of countries.
The book addresses a range of issues including:
- the role of the state in supporting families and protecting the vulnerable
- children’s rights and parental authority
- sexual orientation and gender in family law
- the status of marriage and other forms of adult relationships
- divorce and separation and their consequences
- the relationship between civil law and the law of minority groups
- assisted conception
- movement of family members between jurisdictions
This advanced level reference work will be essential reading for students, researchers and scholars of family law and social policy as well as policy makers in the field.
Table of Contents
Part I: Marriage and Alternative Relationships 1.1 The Changing Face of Marriage, Marsha Garrison 1.2 Marriage and Alternative Status Relationships in the Netherlands, Wnedy Schrama 1.3 The Recognition of Religious and Customary Marriages and Non-Marital Domestic Partnerships in South Africa, Waheed Amien 1.4 Family, Same-Sex Unions, and the Law, Mark Strasser 1.5 Unmarried Cohabitation, Elaine E. Sutherland Part II: Dissolution of Status, Death and their Consequences 2.1 Dissolution of Marriage in Westernized Countries, Masha Antoklskaia 2.2 Divorce Trends and Patterns: An Overview, Tony Fahey 2.3 Divorce Procedure in China, Wei Chen and Lei Shi 2.4 Dissolution of Marriage in Japan, Satoshi Minamikata 2.5 Relaxation and Dissolution of Marriage in Latin America, Nicolás Espejo and Fabiola Lathrop 2.6 The Legal Consquences of Dissolution: Property and Financial Support Between Spouses, Joanna Mile and Jens M. Scherpe 2.7 Child Support, Spousal Support and the Turn to Guidelines, Carol Rogerson 2.8 Inheritance and Death: Legal Strategies in the United States, England and France, Ray Madoff and Pierre-Alain Conil Part III: Parenting and Parenthood 3.1 Assisted Conception and Surrogacy in the United Kingdom, Emily Jackson 3.2 Regulation of Assisted Reproductive Technology and Surrogacy in Australia, Isabel Karpin and Jenni Millbank 3.3 Parenting Inssues after Separation: Developments in the Common Law Countries, Belinda Fehlberg and Bruce Smyth, with Liz Trinder 3.4 Parenting Issues after Separation in Spain and Southern Europe, Teresa Piconto Novales 3.5 Parenting Issues after Separation: A Scandinavian Perspective, Anna Singer Part IV: Child Welfare, Child Protection and Children's Rights 4.1 Child Welfare and Child Protection Policy in England and Wales, Karen Broadhurst and Judith Harwin 4.2 Child Welfare: Promoting Permanency without Adoption, Allan Cooke 4.3 Adoption in the US and England and Wales, Sanford Katz and John Eekelaar 4.4 The Moral Basis of Children's Relational Rights, James Dwyer 4.5 Children's Rights: An African Perspective, Julia Sloth-Nielsen 4.6 Children's Rights: The Wider Context, John Eekelaar and Rob George Part V: Discrimination and Personal Safety 5.1 Gender Discrimination and the Right to Family Life, Fareda Banda 5.2 Domestic Violence: A UK Perspective, Rosemary Hunter Part VI: The Role of the State and its Institutions 6.1 State Support for Families: A Comparative Overview, Kirsten Scheiwe 6.2 State Support for Families in the United States, Maxine Eichner 6.3 Law and Policy Concerning Older People, Jonathan Herring 6.4 Support and Care among Family Members and State Provision for the Elderly in Japan, Emiko Kubono 6.5 Institutional Mechanisms: Courts, Lawyers and Others, Mavis Maclean and John Eekelaar Part VII: Globalisation and Pluralism 7.1 International Abduction, Intercountry Adoption and International Commercial Surrogacy, Mark Henaghan and Ruth Ballantyne 7.2 Children in Cross-Border Situations: Relocation, the 1996 Hague Convention and the Burssels Ilbis Regulation, Rob George 7.3 Family Migration: A UK Perspective, Helen Stalford 7.4 Family Law in Diverse Societies, Maleiha Malik
John Eekelaar is Emeritus Fellow of Pembroke College, Oxford, where he was Fellow and Tutor in Law from 1965 to 2005. He was President of the International Society of Family Law from 1985 to 1988 and a founding co-editor of The International Journal of Law, Policy and the Family. He is co-director of Oxford Centre for Family Law and Policy, and a Fellow of the British Academy. He has researched and written extensively, especially in family law.
Rob George is a British Academy Postdoctoral Fellow in Law at University College, Oxford, and an Associate Member of Harcourt Chambers, Temple, London. He researches primarily in family law and policy, and is the author of Ideas and Debates in Family Law (2012) and Relocation Disputes: Law and Practice in England and New Zealand (2014).
"Family practitioners wishing to keep up with cross-border commentary, research and shades of opinion on family law issues should get a copy of this book." - Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers, 2014
"This is therefore an important book with much potential to inform future family law and policy debate. Given its breadth of coverage of family law issues and the quality of the contributions, this admirable bookwill have wide appeal and usefulness, and every serious academic library should stock several copies." review by Stephen Gilmore in Journal of Social Welfare and Family Law Volume 37, Issue 2, 2015