33 research outputs found
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Domestic homicide, gender and the expert
This is an open access book - Copyright @ 2002 Hart Publishin
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Re L (Contact: Domestic Violence; Re V (Contact: Domestic Violence; Re M (Contact:Domestic Violence; Re H (Contact: Domestic Violence)
This is the post-print version of the article
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Re L (A child) (Contact: Domestic violence): Commentary by Christine Piper, Judgement by Felicity Kaganas
The full and final version of this article is available in the published book.This is an judgment in a book of feminist judgments. It is an alternative judgment, written from a feminist perspective, of a leading decision setting out the approach to be adopted in cases of disputed child contact in cases involving allegations of domestic violence. It aims to provide a challenge to the reasoning of the judges in that case and to demonstrate that a different perspective could have led to different reasoning that would have better protected the interests of women and children
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Shared parenting: A 70% solution?
In the context of increased litigation over contact, this article examines the debate around
proposals for a presumption of âshared parentingâ. It concludes that such a presumption would not achieve the aims of its proponents. Its introduction would also be fraught with practical
and doctrinal problems
Grandparents and contact: 'rights v welfare' revisited
This article examines the legal position of members of the extended family involved in contact (access) disputes and locates the discussion within the debate about the utility of rights in resolving such disputes. In particular it focuses on Article 8 of the European Convention on Human Rights and also refers to the jurisprudence of the US Supreme Court
When it comes to contact disputes, what are family courts for?
This is a pre-copy-editing, author-produced PDF of an article accepted for publication in Current Legal Problems following peer review. The definitive publisher-authenticated version is available online at the link below.The easy answer to the question âWhat are family courts for?â is of course, in the traditional civil adversarial system, to make decisions and to resolve disputes. But the answer has not been straightforward in child and family disputes, and recently it has become even less clear cut. This article is intended to examine how the role of the family court has been changing in the context of contact disputes, why it has changed and what the implications of the latest developments might be. It will suggest that there is now a blurring of the roles of adjudication and social work intervention and consider what this might lead to
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Introduction
This is the post print version of the chapter - Copyright @ 2003 The editorsThis book is about surrogacy and, more specifically, surrogate motherhood. It is a collection of essays that aims to provide a contemporary and international picture of a practice, traceable to ancient times, devised to solve the problem of childlessness. The collection, which explores surrogacy from a variety of perspectives including law, policy, medicine and psychology, is timely. For although there is nothing new in the notion that a woman might bear a child for someone else, there is some evidence that the incidence of surrogacy is increasing and technology has developed to make ever more complex arrangements possible
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Contact, conflict and risk
Full details of the published version of the book can be viewed at the link below. This chapter is available here with the permission of the publishers
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Child protection, gender and rights
This chapter argues that the law, and in particular the Human Rights Act, places only limited contraints on intervention in the family when it comes to child protection. It goes on to examine the extent to which recent non-legal initiatives make families more visible and so facilitate monitoring and intervention by welfare professionals. These measures have the potential to make families, and in particular mothers, more susceptible to surveillance and to the imposition of coercive methods in order to transform them into 'good' mothers
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Divorce and domestic violence
Full details of the published version of the book can be viewed at the link below. This chapter is available here with the permission of the publishers