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Introducing a randomized controlled trial into Family Proceedings: Describing the ‘how?’ and defending the ‘why?’ Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2023-12-12 Carol Atkinson, Matt Forde, Karen Crawford, Marion Henderson, Philip Wilson, Dennis Ougrin, Helen Minnis
In 2011, a randomized controlled trial (RCT) of a mental health intervention for families with children under the age of 5 years coming into the Scottish care system was launched, called the Best Services Trial (BeST). When attempts were made to expand the study to English sites, the local leadership Judge objected, concerned that randomization in family proceedings was unfair, potentially discriminatory
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The expert witness—psychologists and judicial gatekeepers in the family court Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2023-11-24 Emily Schindeler
Since the 17th-century witch trials, the expert witness has been an intrinsic part of the operation of the legal system. This article builds on a prior analysis of Australian family law cases involving allegations of child sex abuse, which revealed experts representing multiple agencies and disciplinary perspectives present conflicting risk assessments for the same case. This second stage of inductive
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Individual realities and legal responsibilities: a study of non-resident parents who dispute child maintenance obligations in Swedish administrative courts, 2014–2019 Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2023-06-20 Johanna Finnström
This study is the first large-scale empirical account of child maintenance non-compliance in Sweden. The scheme explored is the guaranteed support system, i.e. when liable parents do not comply with their formal maintenance obligations as determined by the Swedish Social Insurance Agency (SSIA). The objective is to map out and describe the overall reasons why parents do not pay, as well as to explain
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Joint physical custody in Germany: legal framework and results of the Family Models in Germany (FAMOD) study Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2023-05-17 Tobias Helms, Anja Steinbach, Lara Augustijn
Only since a landmark decision by the Federal Court of Justice on 1 February 2017 has it been clear that family courts in Germany can order symmetric joint physical custody against the will of one parent. The prerequisite is that this solution is in the child’s best interests. This article analyses which criteria have been used by courts to order this physical custody arrangement since the decision
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Healthcare Decision Making for Children in Singapore: The Missing Chapter in Comparison with English Law Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2023-05-13 Hillary Chua
In medical practice, Singaporean paediatricians regularly encounter ethical dilemmas concerning the medical treatment of children and adolescents. While such disputes tend to be resolved out of court, it is useful to understand the legal framework for decision making in hard cases. Unlike in England and Wales where there is an abundance of litigation in this area and the law is well established, Singapore
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Tacit Concepts of Family in Legislation on Assisted Reproduction Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2023-05-03 Frank H Pedersen
This article examines the joint corpus of family and health legislation and practices to analyse the notions behind the Danish regulation of assisted reproduction. It introduces an analytical framework, which encompasses a more comprehensive approach and encapsulates the variety of regulatory tools that expressly or implicitly create restrictions on the provision of assisted reproduction. By providing
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Families of choice with no choice: remarks concerning the situation of families of choice in Polish law Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2023-04-23 Marlena Drapalska-Grochowicz
This article focuses on the situation of families of choice in Polish law. The first research objective was to determine whether and how parenting in families of choice is regulated by law. To achieve this goal, the author analysed appropriate statute and case law, taking into account the sociological and psychological background of family relationships. The second objective was to find legal and non-legal
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UK surrogates’ characteristics, experiences, and views on surrogacy law reform Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2022-12-16 Kirsty Horsey, Mimi Arian-Schad, Nicholas Macklon, Kamal Ahuja
What are surrogates’ views on their experience with surrogacy, their understanding of the law, and views on legal reform? We conducted an online retrospective survey of women who underwent treatment as gestational surrogates in two UK-regulated IVF centres between March 2014 and October 2021. Forty-seven surrogates responded outlining their experiences with surrogacy in the England/Wales legal context
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Are human rights ‘toothless’ in Australian child protection matters? Perspectives of lawyers and social workers Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2022-12-08 Tamara Walsh, Karen Healy, Jemma Venables, Kate Thompson
Human rights law is in its infancy in Australia. Some states and territories have human rights legislation that requires government officials to take human rights into account in decision-making. However, there is very little Australian case law or commentary regarding the application of human rights law to child protection matters. In this article, we discuss the potential for human rights law to
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The normative underpinnings of Ireland’s proposed regulation of assisted human reproduction Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2022-11-10 Lydia Bracken
Assisted human reproduction (AHR) challenges traditional understandings of family relationships. Yet, the Irish legislature remains focused on normative constructions of the family and has relied on this understanding as the basis to determine the sort of legal family relationships that it will accommodate in AHR under the Health (Assisted Human Reproduction) Bill 2022. The result is a Bill that adopts
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Family Court Responses to Claims of Parental Alienation in Quebec Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2022-08-11 Amylie Paquin-Boudreau, Karine Poitras, Nicholas Bala
An increasing number of cases of parental separation involve high conflict and claims that a parent is alienating a child. This study analyzes reported family law cases involving claims of parental alienation in Quebec between 2017 and 2020 (n = 164). Bivariate analyzes were undertaken to establish correlations between family characteristics (child's age, safety issues concerning the children and parents
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Experience with Ontario’s Parenting Plan Guide and Template Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2022-08-01 Rachel Birnbaum, Nicholas Bala
Detailed, voluntary parenting plans are being increasing used in many jurisdictions. In conjunction with legislative reforms that came into effect in Canada in 2021 and specifically provide for parenting plans in place of traditional custody and access orders, the Ontario Chapter of the Association of Family and Conciliation Courts (AFCC-O) tasked a multidisciplinary group to prepare materials to assist
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Mothering Practices and Human Rights Abuses of Girls in Marginalized Contexts: Examining the Moral Culpability of Women who Abuse Children Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2022-06-30 Julie Ada Tchoukou
The form of gender-based violence (GBV) analysed in this article relates to ‘harmful traditional practices’ (HTPs) detrimental to the health and well-being of girls. In response to calls to action from the international community, many states are enacting laws and regulations against HTPs. Scholars argue that criminal justice reform is a vital component of efforts to reduce HTPs. While this article
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An Assessment of the Mauritian Legal and Regulatory Measures to Mitigate Domestic Violence in the Wake of COVID-19: A Comparative Study with South Africa Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2022-06-23 Ambareen Beebeejaun, Krishnee Adnarain Appadoo, Roopanand Mahadew
Surveys conducted by Statistics Mauritius indicate that cases of domestic violence in Mauritius during the lockdown of 2020 have increased by five-fold as compared to the years 2018 and 2019. Furthermore, during the second wave of the COVID-19 pandemic, 293 cases of domestic violence were reported over a period of 18 days as announced by the Minister of Gender Equality and Family Welfare in April 2021
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Law through the Life Course, by Jonathan Herring Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2022-03-02 Stelma-Roorda R.
Law through the Life Course, by HerringJonathan, Bristol University Press, Bristol2021, 292 pp, softback and EPUB £29.99, hardback £79.99 ISBN 978-1529204681.
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Tying the Knot: The Formation of Marriage 1836–2020, by Rebecca Probert Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2022-02-17 Kha H.
Tying the Knot: The Formation of Marriage 1836–2020, by ProbertRebecca, Cambridge University Press, 2021, 283 pp, £85, Hardback, ISBN: 9781316518281, e-book, ISBN: 9781009003278.
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International Survey of Family Law 2021, Margaret Brinig (ed.) Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2022-02-08 Joosten F.
International Survey of Family Law 2021, BrinigMargaret (ed.), Intersentia, Cambridge2021, xviii + 476 pp, £69, ISBN 9781839701573.
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Urgent Care Proceedings for New-born Babies in England and Wales – Time for a Fundamental Review Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2022-02-07 Karen Broadhurst, Claire Mason, Harriet Ward
Emergency action to safeguard babies at birth who are at risk of significant harm is sanctioned in a number of international jurisdictions, including the UK, the USA, Canada, Australia, New Zealand, and Europe. However, there is widespread international disquiet about this practice, regarding breaches of parents’ Articles 6 and 8 rights (Human Rights Act 1998), as well as the reliability of hasty decisions
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Singapore’s Adult Guardianship Law and the Role of the Family in Medical Decision-Making Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2022-02-01 Hang Wu Tang
Singapore’s adult guardianship law was derived from the Mental Capacity Act in England and Wales. This article explores the process of how Singapore’s Mental Capacity Act was adapted and fine-tuned to operate in a jurisdiction with different cultural conditions, religions, familial norms, and social institutions. The first part of the article demonstrates that despite its apparent similarities, the
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Die Frühehe im Recht—Praxis, Rechtsvergleich, Kollisionsrecht, höherrangiges Recht, Nadjma Yassari and Ralf Michaels (eds) Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2022-01-27 Reuß P.
Die Frühehe im Recht—Praxis, Rechtsvergleich, Kollisionsrecht, höherrangiges Recht, YassariNadjmaMichaelsRalf (eds), Mohr Siebeck, Tübingen, 2021, 660pp, €129, Hardback, ISBN 978-3-16-159877-7.
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Livsfellesskap—Rettsfellesskap. Festskrift til Tone Sverdrup 70 år, edited by John Asland, Aslak Syse, Katrine Kjærheim Fredwall and Tone Wærstad Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2022-01-27 Eeg T.
Livsfellesskap—Rettsfellesskap. Festskrift til Tone Sverdrup 70 år, edited by AslandJohnSyseAslakFredwallKatrine KjærheimWærstadTone, Gyldendal, Oslo2021, 424 pp, hardback, ISBN 9788205524491.
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Routledge Handbook of Family Law and Policy, edited by John Eekelaar and Rob George Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2022-01-11 Zervogianni E.
Routledge Handbook of Family Law and Policy, edited by EekelaarJohnGeorgeRob, 2nd edition, Routledge, 2021, xv+448 pp, ISBN 9780367195526.
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The French Law on Bioethics and its Limitations: Challenges for the Future from a Comparative Perspective Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2022-01-01 Giulia Giovannini
Abstract On 4 August 2021 LOI n° 2021-1017 du 2 août 2021 relative à la bioéthique, a French law on bioethics, came into force. Among the most noteworthy legislative developments are: access to reproductive treatments for all women regardless of sexual orientation; the incorporation of a new way of determining legal parenthood with respect to pregnant women’s female partners via acknowledgment, and
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‘Donor-matching’ in Third-party Reproduction: a Comparative Analysis of Law and Practice in Europe Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2022-01-01 Rafał Łukasiewicz,Sonia Allan
Abstract Medically assisted reproduction is of significant public and policy interest across Europe. Where use of donor gametes (eggs, sperm, or embryos) is required, some people may employ ‘donor-matching’, which seeks to establish phenotypic similarity between gamete donors and recipient(s). This article examines donor-matching focusing on methods used to match donors and recipients, reasons for
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Trends in the Division of Matrimonial Property Based on Contribution: an Empirical Case Study Based on the Structured Approach in Singapore Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2022-01-01 Leon Vincent Chan,Kaizhe Richard Xu
Abstract Different jurisdictions have adopted different approaches to the division of matrimonial property. While some have greater certainty and predictability from a rules-based approach that adopts equal division as a starting point, others have adopted a discretionary approach with little to no guidance from the legislation. Using statistical methods, this empirical quantitative study seeks to
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The Right to Adequate Child Support in Jordan: The Implementation of the UN Convention on the Rights of the Child Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2022-01-01 Ghofran Hilal,Hadeel Al-Zu’bi,Thawab Hilal
Abstract Child support is an internationally recognized child’s right. It should be viewed as a basic human right and therefore treated accordingly by lawmakers and legal practitioners. In Jordan, child support is mainly regulated by the Jordanian Personal Status Law (JPSL), which is directly derived from Islamic law. However, Jordan is also a signatory state of the United Nation Convention on the
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What makes a Parent? Challenging the Importance of a Genetic Link for Legal Parenthood in International Surrogacy Arrangements Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2022-01-01 Meiraf G Tesfaye
Abstract This article advocates for consistent application of the best interests of children in recognition of legal parenthood of children born out of international surrogacy arrangements (ISAs) and opposes its differential application to surrogate children who do not have a genetic link to their intending parents (IPs). Owing to the lack of European consensus and specialized legal instruments regulating
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The Use of Assisted Reproductive Technology to Create Posthumous Grandchildren Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2021-12-09 Lisa Cherkassky
A recent landmark petition in Scotland from a grieving mother seeking to create her own grandchild using the frozen sperm of her deceased transgender daughter has prompted debate on the creation of posthumous grandchildren. This is an unusual use of assisted reproductive technology, and it raises complicated legal and ethical questions. This article undertakes a comprehensive look at the Human Fertilisation
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A Magna Carta for Children? Rethinking Children’s Rights, Michael Freeman Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2021-11-08 Katrien Klep
A Magna Carta for Children? Rethinking Children’s Rights, FreemanMichael, Cambridge University Press, Cambridge2020, 566 pp, £29.99, paperback, ISBN 9781316606674.
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Social Scientists Operating in the Law: A Case Study of Family Assessment Experts in the Australian Family Law System Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2021-11-05 Zoe Rathus
Although the role of social science research in the family law system has been the subject of scholarly research for some time, less attention has been paid to how operating within the legal system might influence the work of social science and related expert witnesses who perform in that space. This article reports on interviews with family report writers, social science or similar expert witnesses
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Erratum to: Funeral Wills and the Autonomy of a Dying Person: Experiences of Older People in Palliative Care and their Carers Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2021-10-29 Anna Mäki-Petäjä-Leinonen, Suvi-Maria Saarelainen
International Journal of Law, Policy and the Family, Volume 35, Issue 1, 2021, ebab034. https://doi.org/10.1093/lawfam/ebab034
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There’s No Place Like Home: The Role of Informal Carers under the UN Convention on the Rights of the Child Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2021-10-29 Sheila Varadan
Children need guidance and direction to navigate their everyday lives, and such guidance is likely to come from not just parents, but wider family and community. How we acknowledge informal carers and support their caregiving role will have implications for a child’s enjoyment and exercise of rights. Yet, the UN Convention on the Rights of the Child (CRC) does not explicitly recognise ‘kinship’ care
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Erratum to: La autoinseminación: decisiones reproductivas privadas y formación de relaciones familiares, Amaia Forcada Rubio Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2021-10-27 Giulia Giovannini
La autoinseminación: decisiones reproductivas privadas y formación de relaciones familiares, Amaia Forcada Rubio, Thomson Reuters Aranzadi, 2020, 400 pp, €47.97, Hardback, ISBN 978-84-1345-618-8.
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Cohabitation and Religious Marriage: Status, Similarities and Solutions, edited by Rajnaara C. Akhtar, Patrick Nash and Rebecca Probert Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2021-10-26 Sandberg R.
Cohabitation and Religious Marriage: Status, Similarities and Solutions, edited by AkhtarRajnaara CNashPatrickProbertRebecca, Bristol University Press, Bristol, 2020, 176pp, £45. Hardback, ISBN 978-1-5292-1083-5.
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Elderly Care and Upwards Solidarity. Historical, Sociological and Legal Perspectives, Elisabeth Alofs and Wendy Schrama Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2021-10-06 Paula Távora Vítor
Elderly Care and Upwards Solidarity. Historical, Sociological and Legal Perspectives, AlofsElisabeth and SchramaWendy (eds.), Intersentia, Cambridge-Antwerp-Chicago, 2020, xvi+188 pp, EUR 74.00, paperback, ISBN 978-1-780-68960-9
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Law and the Relational Self, Jonathan Herring Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2021-09-28 Sharon Shakargy
Law and the Relational Self, HerringJonathan, Cambridge University Press, Cambridge, 2020, 200pp, £85.00, Hardback, ISBN 978-1-108-42513.
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Legal Recognition of Non-Conjugal Families: New Frontiers in Family Law in the US, Canada and Europe, Nausica Palazzo Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2021-09-23 Leckey R.
Legal Recognition ofNon-ConjugalFamilies: New Frontiers in Family Law in the US, Canada and Europe, PalazzoNausica, Hart Publishing, 2021, 218 pp., £85, ISBN 9781509939954.
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Bride Price in the Patriarchal South Sudanese Society: A Legal Perspective Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2021-09-21 Mark A W Deng
This article discusses bride price and numerous problems associated with it from a legal perspective. Two such problems, indeed, the most serious of all, are: (i) bride price objectifies and commodifies women, and this lowers women’s status in society; and (ii) bride price violates a woman’s freedom to choose who to marry as all but young girls, that is, those under the age of 18, are forced into marriage
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A History of Divorce Law: Reform in England from the Victorian to Interwar Years, edited by Henry Kha Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2021-09-18 Jennifer Aston
A History of Divorce Law: Reform in England from the Victorian to Interwar Years, KhaHenry, Routledge, 2021, 200pp, £96, Hardback, ISBN: 978-0-367-42006-2, e-book, ISBN: 978-0-367-81730-5.
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Funeral Wills and the Autonomy of a Dying Person: Experiences of Older People in Palliative Care and their Carers Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2021-09-09 Mäki-Petäjä-Leinonen A, Saarelainen S.
Kone Foundation, Finnish Cultural Foundation and Oskari Huttunen Foundation
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Die Familienschiedsgerichtsbarkeit in Recht und Praxis—eine rechtsvergleichende Untersuchung des deutschen und englischen Rechts [Family Arbitration in Law and Practice—A Comparative Study of German and English Law], by Saskia Constanze Zellerhoff Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2021-09-02 Christiane von Bary
Die Familienschiedsgerichtsbarkeit in Recht und Praxis—eine rechtsvergleichende Untersuchung des deutschen und englischen Rechts[Family Arbitration in Law and Practice—A Comparative Study of German and English Law], by ZellerhoffSaskia Constanze, Cambridge: Intersentia/Bern: Stämpfli, 2020, 396pp, ISBN 978-3-7272-2606-9, 135 Euros.
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La autoinseminación: decisiones reproductivas privadas y formación de relaciones familiares, Amaia Forcada Rubio, Thomson Reuters Aranzadi Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2021-08-20 Giulia Giovannini
La autoinseminación: decisiones reproductivas privadas y formación de relaciones familiares, Forcada RubioAmaia, Reuters AranzadiThomson, 2020, 400 pp, €47.97, Hardback, ISBN 978-84-1345-618-8.
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Children’s Constitutional Rights in the Nordic Countries, edited by Trude Haugli, Anna Nylund, Randi Sigurdsen, and Lena R.L. Bendiksen Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2021-08-20 Ton Liefaard
Children’s Constitutional Rights in the Nordic Countries, edited by HaugliTrudeNylundAnnaSigurdsenRandi, and BendiksenLena R L, Leiden: Brill | Nijhoff, 2020, Series: Stockholm Studies in Child Law and Children’s Rights, Volume: 5, pp. xiv + 426, EUR 193, Hardback, ISBN 978-90-04-38280-0 and Open Access
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Corrigendum to: Intersection between Domestic Violence and International Parental Child Abduction: Protection of Abducting Mothers in Return Proceedings Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2021-08-17 Trimmings K, Momoh O.
International Journal of Law, Policy and the Family, Volume 35, Issue 1, 2021, ebab001, https://doi.org/10.1093/lawfam/ebab001
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Reasoning between Rules and Discretion: A Comparative Study of the Normative Platform for Best Interest Decision-Making on Adoption in England and Norway Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2021-08-11 Hege Stein Helland
This article examines discretionary reasoning in child’s best interest (CBI) assessments in two jurisdictions, England and Norway, in decision concerning adoption from care. The two countries’ systems differ in child protection orientations and levels of discretionary autonomy but share the legal and moral yardstick of the CBI. Judgments from the Family Court in England (n = 29) and the County Social
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What is the Family of Law? The Influence of the Nuclear Family, Alan Brown Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2021-08-07 Kathryn O’Sullivan
What is the Family of Law? The Influence of the Nuclear Family, AlanBrown, Hart Publishing, 2019, 238pp., Hardback, ISBN: 9781509919581 €60 and paperback, 2020, ISBN 9781509945313, €26.99
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Understanding Arranged Marriage: An Unbiased Analysis of a Traditional Marital Institution Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2021-08-07 Naema N Tahir
This research asks one simple question, a question many studies on the arranged marriage omit to ask, namely “What exactly is the arranged marriage?” Author Naema Tahir, born and bred in the arranged marriage culture, but educated in the free-choice marriage culture, argues that much literature on the arranged marriage fails to offer full exploration of this traditional marital system. Instead, the
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Adoption from Care: International Perspectives on Children’s Rights, Family Preservation and State Intervention, edited by Tarja Pösö, Marit Skivenes and June Thoburn Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2021-08-07 Brian Sloan
Adoption from Care: International Perspectives on Children’s Rights, Family Preservation and State Intervention, edited by PösöTarja, Marit Skivenes and June Thoburn, Policy Press, 2021, xiv + 272pp, GB£13.49, Hardback (and open access ebook), ISBN 978-1-4473-5103-0.
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We Are Family: What Really Matters for Parents and Children, by Susan Golombok Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2021-08-05 Alice Margaria
We Are Family: What Really Matters for Parents and Children, by GolombokSusan, Scribe 2020, 320pp, ISBN 978-1912854370. (In the USA published as We Are Family: The Modern Transformation of Parents and Children, Hachette 2020, 320pp, ISBN 978-1541758643)
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Children and the European Court of Human Rights, by Claire Fenton-Glynn Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2021-07-29 Dr Samantha Davey
Children and the European Court of Human Rights, by Claire Fenton-Glynn, Oxford: Oxford University Press, 2021, pp 464, £80, Hardback, ISBN 978-0-198-78751-8.
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Plus One: Who Decides Who is One’s Significant Other? Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2021-07-29 Shakargy S.
AbstractThe law respects essential relationships, most notably marriage. Family members receive various benefits to support the family unit and the relationships within it. While the protection of parental relationships is easily understandable, spousal benefits may be questioned. In the western historical tradition, granting benefits exclusively to marital relationships were justified and practical
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The Misuse or Abuse of Continuing Powers of Attorney: What Are Appropriate Safeguards? Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2021-07-29 Rieneke Stelma-Roorda
With a continuing power of attorney adults may provide for a future period of incapacity. The misuse or abuse of CPAs is a growing concern in many countries, increasingly the question is asked whether CPAs should not be furnished with more safeguards. Article 12(4) UNCRPD requires states to ensure appropriate and effective safeguards are in place to prevent abuse. This article focuses on the question
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Medical Decision-Making on Behalf of Young Children: A Comparative Perspective, by Imogen Goold, Cressida Auckland and Jonathan Herring (eds) Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2021-07-29 Stevie Martin
Medical Decision-Making on Behalf of Young Children: A Comparative Perspective, by GooldImogenAucklandCressidaHerringJonathan (eds), Hart Publishing, 2020, pp 390, Hardback, ISBN 978-1-50992-856-9, Oxford, £80.00
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Fundamental Rights and Best Interests of the Child in Transnational Families, by Elisabetta Bergamini and Chiara Ragni Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2021-07-29 Daly A.
Fundamental Rights and Best Interests of the Child in Transnational Families, by Bergamini Elisabetta, Ragni Chiara (eds.) Intersentia, 2020, pp 320, Hardback, ISBN: 9781780686653, Cambridge, €99
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One Trend, a Patchwork of Laws. An Exploration of Why Cohabitation Law is so Different throughout the Western World Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2021-07-22 Elise Goossens
Western jurisdictions have adopted remarkably diverging legal approaches to address unmarried cohabitation, ranging between contractual approaches, registered partnerships, and default regimes. This article explores to what extent the large diversity in cohabitation law is prompted by socio-demographic factors, legal tradition and family ideology. The experiences from Belgium, Sweden, England and Wales
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Informal Caregivers along the Work–Eldercare Axis: A Comparative Analysis of Australia, England, and Israel Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2021-07-22 Vinarski-Peretz H, Halperin D.
AbstractContemporary Western societies face an increasing demand for informal care. The primary goals of the present article are to understand the degree to which employment rights support the needs of working carers’ of elder age relatives and to underscore the need to promote social policies to better secure both working carers and their older relatives. Drawing on findings showing that high-intensity
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Legal Pluralism and the Future of Personal Family Laws in Africa Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2021-07-22 Anthony Chima Diala
A notable aspect of Africa’s struggle with its colonial legacies is the co-existence of indigenous laws that emerged in agrarian settings with state laws that emerged in industrial settings. Given the dissonance in their origins, clashes frequently occur between traditionalists and change agents, especially over the property and succession rights of women, girls, and younger male children. Spurred
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Compromised ‘consent’ in Australian Family Law Proceedings Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2021-07-20 Miranda Kaye, Tracey Booth, Jane Wangmann
Most people whose relationships breakdown are able to reach agreement about parenting and financial matters outside the Australian family court system. Even for those parties who commence litigation, the emphasis remains on reaching an agreement with the vast majority of matters being resolved by consent orders rather than judicial determination. Reaching agreement in relation to parenting and property
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La responsabilidad civil en el ejercicio de la parentalidad. Un estudio comparado entre Italia y Colombia, Natalia Rueda Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2021-07-09 Laura Esteve Alguacil
La responsabilidad civil en el ejercicio de la parentalidad. Un estudio comparado entre Italia y Colombia, Natalia Rueda, Universidad Externado de Colombia, Bogotá, 2020, 531pp, ISBN 978-958-790-377-5
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The Queer Outside in Law: Recognising LGBTIQ People in the United Kingdom, edited by Senthorun Raj and Peter Dunne Int. J. Law Policy Fam. (IF 0.647) Pub Date : 2021-07-09 C L Quinan
The Queer Outside in Law: Recognising LGBTIQ People in the United Kingdom, edited by RajSenthorun and DunnePeter, Palgrave Macmillan (Palgrave Socio-Legal Studies), 2021, 287pp, ISBN 978-3-030-48829-1.