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Author: Edward Kruk
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773590102
Category : Law
Languages : en
Pages : 230
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Book Description
In custody battles over the children of separated parents, the prevailing standard of evaluating what is in the "best interests of the child" has been scrutinized because of the discretionary nature of what is "best" and because of the bias in favour of the child residing in one "primary residence." In response, a consensus is beginning to emerge that it is vitally important that children maintain meaningful relationships with both parents after divorce. In The Equal Parent Presumption, Edward Kruk proposes a child-focused approach based on a standard that considers the best interests of the child from the perspective of the child and a responsibility-to-needs orientation to social justice for children and families. Challenging previous research and received ideas, Kruk presents an evidence-based framework of equal parental responsibility as the most effective means of ensuring the protection of family relationships following divorce, and shielding children from ongoing parental conflict and family violence. The existing system of determining parental rights and responsibilities is harming families. The Equal Parent Presumption addresses a major barrier to the principle of gender equality in parenting after divorce, and proposes a viable alternative to sole custody in the form of a legal presumption of shared and equal parenting.
Author: Edward Kruk
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773590102
Category : Law
Languages : en
Pages : 230
Get Book Here
Book Description
In custody battles over the children of separated parents, the prevailing standard of evaluating what is in the "best interests of the child" has been scrutinized because of the discretionary nature of what is "best" and because of the bias in favour of the child residing in one "primary residence." In response, a consensus is beginning to emerge that it is vitally important that children maintain meaningful relationships with both parents after divorce. In The Equal Parent Presumption, Edward Kruk proposes a child-focused approach based on a standard that considers the best interests of the child from the perspective of the child and a responsibility-to-needs orientation to social justice for children and families. Challenging previous research and received ideas, Kruk presents an evidence-based framework of equal parental responsibility as the most effective means of ensuring the protection of family relationships following divorce, and shielding children from ongoing parental conflict and family violence. The existing system of determining parental rights and responsibilities is harming families. The Equal Parent Presumption addresses a major barrier to the principle of gender equality in parenting after divorce, and proposes a viable alternative to sole custody in the form of a legal presumption of shared and equal parenting.
Author: Elaine E. Sutherland
Publisher: Cambridge University Press
ISBN: 1108108040
Category : Law
Languages : en
Pages : 449
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Book Description
The UN Convention on the Rights of the Child is acknowledged as a landmark in the development of children's rights. Article 3 makes the child's best interests a primary consideration in all actions concerning children and requires States Parties to ensure their care and protection. This volume, written by experts in children's rights from a range of jurisdictions, explores the implementation of Article 3 around the world. It opens with a contextual analysis of Article 3, before offering a critique of its implementation in various settings, including parenting, religion, domestic violence and baby switching. Amongst the themes that emerge are the challenges posed by the content of 'best interests', 'welfare' and 'well-being'; the priority to be accorded them; and the legal, socioeconomic and other obstacles to legislating for children's rights. This book is essential for all readers who interact with one of the Convention's most fundamental principles.
Author: Laura Bernardi
Publisher: Springer Nature
ISBN: 3030684792
Category : Social Science
Languages : en
Pages : 328
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Book Description
This open access book provides an overview of the ever-growing phenomenon of children in shared physical custody thereby providing legal, psychological, family sociological and demographical insights. It describes how, despite the long evolution of broken families, only the last decade has seen a radical shift in custody arrangements for children in divorced families and the gender revolution in parenting which is taking place. The chapters have a national or cross-national perspective and address topics like prevalence and types of shared physical custody, legal frames regulating custody arrangements, stability and changes in arrangements across the life course of children, socio‐economic, psychological, social well-being of various family members involved in different custody arrangements. With the book being an interdisciplinary collaboration, it is interesting read for social scientists in demography, sociology, psychology, law and policy makers with an interest family studies and custody arrangements.
Author: José Manuel de Torres Perea
Publisher: Routledge
ISBN: 1000389375
Category : Family & Relationships
Languages : en
Pages : 472
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Book Description
This multidisciplinary volume offers an essential, comprehensive study of perspectives on the scope and application of the best interests of the child and focuses mainly on its application in relation to child custody. With expert contributions from psychological, sociological and legal perspectives, it offers scientific analysis and debate on whether it should be the primary consideration in deciding child custody cases in cases of divorce or separation or whether it should be one of several primary considerations. It explores complex dilemmas inherent in shared parenting and whether the advantages it offers children are sufficient when compared to attributing custody to one parent and limiting visitation rights of the other. Offering a comprehensive analysis of this complex topic, chapters provide detailed insight into the current state of research in this area, as well as expert guidelines aimed at resolving the controversies when parents agree or disagree over their children’s living arrangements. Cutting-edge topics explored include: transnational shared parenting; alternative dispute resolution; breastfeeding parents; religious disputes between parents and the psychological, social and economic factors that affect shared parenting. The Routledge International Handbook of Shared Parenting and Best Interest of the Child will be essential reading for scholars and graduate students in law, psychology, sociology and economics interested in shared parenting and family law.
Author: Salatiso
Publisher: Salatiso
ISBN:
Category : Family & Relationships
Languages : en
Pages : 203
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Book Description
Discover a Father's Courageous Fight Against a Biased Legal System and the Struggle for True Equality In "Goliath's Reckoning: Unveiling the Biassed Truth Behind Children's Court," embark on a profound journey through the complexities of South Africa's family courts, where one father's unwavering determination to protect his son becomes a powerful stand against state-sanctioned gender discrimination. This compelling narrative not only explores the personal sacrifices and legal battles faced by fathers but also serves as a comprehensive guide for navigating a system that often seems rigged against them. Key Highlights: A Personal Battle: Follow the author's deeply personal story as he confronts a legal system that favors mothers and marginalizes fathers, threatening the best interests of children. Inspired by his own experiences and those of other fathers, the author reveals the immense strength required to challenge deeply entrenched biases. Legal Strategies and Practical Insights: Gain valuable insights and practical strategies for self-represented litigants fighting for their parental rights. This book offers a roadmap for navigating the complexities of family law, empowering parents to advocate effectively for their children. Equality Before the Law: Explore the critical principle of equality before the law, a cornerstone of justice that empowers every citizen, regardless of their background or social standing, to hold the government and its institutions accountable. Learn how state-sanctioned discrimination—whether based on gender or race—undermines this principle and threatens the future of South Africa's children. A Call to Action: "Goliath's Reckoning" is more than a memoir; it is a call to action for all those who have felt powerless against a biased system. The author challenges readers to stand up for what is right, using the power of personal agency and the guiding light of the Constitution to create a fair and just society. Why This Book Matters: In a world where justice and equality are often compromised by well-intentioned but flawed redress policies, this book shines a light on the urgent need for reform. The author argues that true equality before the law must be restored to protect the best interests of the child and ensure that every parent, including fathers, has the opportunity to play an active and nurturing role in their child's life. Who Should Read This Book: Fathers and Parents: Seeking to understand their rights and navigate the family court system. Legal Professionals: Interested in the impact of gender biases in family law. Social Justice Advocates: Committed to fighting all forms of state-sanctioned discrimination. Readers: Who believe in the power of individual agency and the importance of equality before the law.
Author:
Publisher: Oxford University Press
ISBN: 0190694408
Category : Law
Languages : en
Pages : 954
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Book Description
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.
Author: Laura M. Walker
Publisher: Aspen Publishing
ISBN: 145485197X
Category : Law
Languages : en
Pages : 682
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Book Description
Family law and public policy reflect our society’s evolving social commitments and ethical norms and behaviors, making it a key area of study in the fields of sociology, psychology, gender studies, criminology, mediation, social work, and many others. Family Law and Public Policy combines pertinent, concise, up-to-date information on family law as it forms and is informed by public policy on such central issues as the care, protection, and social and economic support of children; the nature, formation, and dissolution of marriage and other adult relationships; and surrogacy and adoption. Using three formats—succinct explanations; engaging, relevant readings from articles, statutes, and case law; and provocative questions prompting students to more deeply examine, understand, and critique the topics—Family Law and Public Policy covers all traditional and developing areas of family law and includes background and pointers on affecting, creating, and writing policy.
Author: Robert E. Emery Ph.D.
Publisher: Penguin
ISBN: 0698404246
Category : Family & Relationships
Languages : en
Pages : 338
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Book Description
A paradigm-shifting model of parenting children in two homes from an internationally recognized expert. A researcher, therapist, and mediator, Robert Emery, Ph.D., details a new approach to sharing custody with children in two homes. Huge numbers of children are affected by separation, divorce, cohabitation breakups, and childbearing outside of marriage. These children have two homes. But their parents have only one chance to protect their childhood. Building on his 2004 book The Truth About Children and Divorce and a strong evidence base, including his own research, Emery explains that a parenting plan that lasts a lifetime is one that grows and changes along with children’s—and families’—developing needs. Parents can and should work together to renegotiate schedules to best meet the changing needs of children from infancy through young adult life. Divided into chapters that address the specific needs of children as they grow up, Emery: • Introduces his Hierarchy of Children’s Needs in Divorce • Provides specific advice for successful parenting, starting with infancy and reaching into emerging adulthood • Advocates for joint custody but notes that children do not count minutes and neither should parents • Highlights that there is only one “side” for parents to take in divorce: the children’s side Himself the father of five children, one from his first marriage, Emery brings a rare combination of personal and professional insight and guidance for every parent raising a child in two homes.
Author: Leslie Joan Harris
Publisher: Aspen Publishing
ISBN: 1543838898
Category : Law
Languages : en
Pages : 1256
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Book Description
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Family Law, now in its seventh edition, is a modern and teachable casebook, offering comprehensive coverage and a mix of interdisciplinary materials. It compares innovative developments in some states with the reaffirmation of traditional principles in others and does so in the context of a wider focus on family and the state, the role of mediating institutions, and the efficacy of law and particular methods of enforcing the law. The casebook deals with the complexity of family law both in the organization of the chapters—separate units on family contracts, jurisdiction, and practice, for example, can be shortened, skipped, or taught in almost any order—and the diversity of material within each chapter. Each unit combines primary cases with comprehensive notes, supplemented with academic and policy analyses that provide a foundation for evaluation. Detailed problems extend the coverage or apply the commentary to real-world examples. New to the 7th Edition: The reversal of Roe v. Wade and constitutional protection for abortion rights Discussion of the growing class divide in family formation, and of tensions between relatively conservative versus relatively liberal states about the foundations for family law, including how varying forms of families are recognized and defined The effects of the COVID-19 pandemic on family law practice The changing law of parentage with an emphasis on diverging developments across different states on issues such as the recognition of functional parenthood Benefits for instructors and students: Comprehensive notes Current cases Detailed problems Flexible, modular organization Balanced presentation of materials Coverage of relevant doctrines, such as property, contracts, torts, criminal law, conflict of laws, and constitutional law Materials on cross-disciplinary topics, including financial principles, genetics/statistics, clinical psychology, social history, policy discussions, counseling, negotiation, ADR, and ethics
Author: George Palattiyil
Publisher: Routledge
ISBN: 1136280235
Category : Social Science
Languages : en
Pages : 313
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Book Description
Social Work in a Global Context engages with, and critically explores, key issues that inform social work practice around the world. Social work can take many forms, and is differently understood in different parts of the world. However, at base, it can be seen as a profession which strives to advance the causes of the vulnerable and marginalised with the aim of promoting social justice, equality, and human rights. This text provides examples of social work in a wide range of countries, informing our understanding of what social work is. It looks at how practice changes or stays the same, and at the impact of policy, as experienced by service users as well as by practitioners working in challenging circumstances. It also meaningfully reflects on the strengths and challenges that are enabled by diversity. Divided into four parts, this wide-ranging text discusses: - what social work means in four different countries -some examples of the impact social and political context can have on social work practice - how social workers see and work with the vulnerable - the future for social work, from disaster work to involving service users. Social Work in a Global Context is the first truly international book for all those interested in comparative and cross-cultural understandings of social work.
