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The leading journal on all aspects of child and family law
Child Support Guidelines, Second Edition is the only comprehensive guidebook for determining child support awards that takes practitioners step-by-step through the interpretation and application of the guidelines and their worksheets in both the normal and exceptional child support case. This unique publication thoroughly covers each state's version of one of the three basic models for determining child support: the percentage of income model, the income shares model, and the Melson formula. Important issues affecting calculations are clearly explained, including: Definition of andquot;incomeandquot; under the guidelines The impact of divided custody, shared custody, split custody, and extended visitation Second household expenses, other dependents, subsequent children, and stepchildren Impact of a private contract on the court's decision to apply the guideline amount Deviation from the guidelines for a high income parent Deviation from the guidelines to pay for medical expenses, private school, and child care expenses Imputed income Modification of prior awards And more.
Moving from monasticism to constitutionalism, and from antinomianism to anarchism, this book reveals law's connection with love and freedom.
International child abduction is one of the most emotionally charged and fascinating areas of family law practice. The 1980 Hague Convention on the Civil Aspects of International Child Abduction was the response of the international community to the increase in the phenomenon of parental child abduction. However, behind the widely acclaimed success of this Convention - which has now been ratified by more than 90 states - lie personal tragedies, academic controversy and diplomatic tensions. The continuing steady flow of case-law from the various Member States has resulted in the emergence of different approaches to the interpretation of key concepts in the Convention. In addition, over the years other global and regional legal instruments and the recommendations of the Special Commissions have had an impact on the implementation of the Convention. This book brings together all these strands and provides an up-to-date, clear and highly readable discussion of the international operation of the Abduction Convention together with in-depth critical academic analysis in light of the objectives of the Convention and other relevant legal norms, such as the 1989 UN Convention on the Rights of the Child. Throughout the book, examples are brought from case law in many jurisdictions and reference is made to relevant legal and social science literature and empirical research. Over the past decade, increasing focus has been placed on what might be seen as procedural issues, such as separate representation for children, undertakings, judicial liaison and mediation. The book analyses the significance of these developments and the extent to which they can help resolve the continuing tension between some of the objectives of the Convention and the interests of individual children. This book will be essential reading for judges, practitioners, researchers, students, policy-makers and others who are seeking a critical and informed analysis of the latest developments in international abduction law and practice. From the Foreword by Brenda Hale, Justice of the Supreme Court of the United Kingdom 'This book is, as far as I am aware, the first scholarly monograph to study the interpretation and application of the Convention across the whole legal space which it occupies and to critically assess these in light of the object and purposes of the Convention and other relevant legal norms. Cases are drawn from many jurisdictions to discuss how different countries interpret the Convention and links are made with relevant statistical, social and psychological research in a thoughtful discussion of the significance of such material both to judicial decision-making and to policy development...a study which deserves to be read by anyone with an interest in the modern phenomenon of international child abduction, whether judge, practitioner, policy-maker, parent, researcher or scholar. There is plenty for us all to think about.'
A devastating account of how Australia’s family courts fail children, families and victims of domestic abuse The family courts intimately affect the lives of those who come before them. Judges can decide where you are allowed to live and work, which school your child can attend and whether you are even permitted to see your child. Lawyers can interrogate every aspect of your personal life during cross-examination, and argue whether or not you are fit to be a parent. Broken explores the complexities and failures of Australia’s family courts through the stories of children and parents whose lives have been shattered by them. Camilla Nelson and Catharine Lumby take the reader into the back rooms of the system to show what it feels like to be caught up in spirals of abusive litigation. They reveal how the courts have been politicised by Pauline Hanson and men’s rights groups, and how those they are meant to protect most – children – are silenced or treated as property. Exploring the legal culture, gender politics and financial incentives that drive the system, Broken reveals how the family courts – despite the high ideals on which they were founded – have turned into the worst possible place for vulnerable families and children. Camilla Nelson is an associate professor in media at the University of Notre Dame Australia. A former Walkley Award winner, her writing has appeared in The Conversation, The Independent, Guardian Australia, Mamamia, Marie Claire and the ABC. Broken is her fifth book. Catharine Lumby is a media professor at the University of Sydney. She has a law degree, is the author of six books and has written for The Guardian, The Sydney Morning Herald, ABC-TV and The Bulletin. 'What happens to kids in our family law system should be a national scandal – and yet, so few people know about it. This book finally lifts the lid on this broken system, and shows how this once-great institution now regularly orders children to see or live with dangerous parents, and bankrupts the victim-parents trying to protect them. An urgent call to action.'—Jess Hill, author of See What You Made Me Do 'This searing review of Australia’s family court system is in turns heartbreaking and enraging. Drawing on recent cases and interviews, it shows how family violence continues to be misunderstood and how violent perpetrators are able to manipulate the legal system. It reveals that too often children are not heard, sometimes with devastating outcomes. This book is an urgent appeal: we must do better.'—Professor Heather Douglas, author of Women, Intimate Partner Violence and the Law
This book analyzes the nature and experience of childhoods around the world at the beginning of the 21st century. Wide-ranging developments concerning children in the fields of social policy, sociology and politics have spurred significant growth in the social study of childhood. The book, which is primarily designed for students, academics and practitioners who need to keep up with fast-moving contemporary developments, considers childhood from a variety of disciplinary perspectives.
Presented in an accessible format, this text provides a detailed and authoritative exposition of the law, illustrated by carefully selected materials and complemented by clear and engaging commentary drawing on a range of critical and theoretical perspectives.
The third edition of this work on family law, comprising text, cases and materials, provides not only an explication of legal principle but also explores, primarily from a feminist perspective, some of the assumptions about, and constructions of, gender, sexual orientation, class and culture that underlie the law. It examines the ideology of the family and, in particular, the role of the law in contributing to and reproducing that ideology. Structured around the themes of equality, welfare, and family privacy, the book aims to offer the benefits of a textbook while also giving students a wide-ranging set of materials for classroom discussion. As well as providing a firm grounding in family law, the text sets the law in its social and historical context and encourages a critical approach by students to the subject. It provides an ideal introduction to family law for undergraduates, but will be equally helpful for postgraduate students of family law for whom it provides a challenging selection of materials set within a theoretical framework rich in ideas and arguments. Review of the second edition: 'Diduck and Kaganas examine legal developments to shed light on society, principally by investigating the ways in which family law constructs and regulates family life and responsibilities. Theirs is an important and ambitious book that aims ultimately at a feminist restatement of family law. .... [T]he [book] is written and referenced in such depth that it is a useful resource for legal as well as social science researchers at all levels, whether looking for theoretical inspiration or drawing up a literature review. The range of diverse sources that Diduck and Kaganas draw on is impressive: they seem to have included every bit of material that helps feminists make sense of family law. There is a well-pitched selection of further reading of such material at the end of each chapter. What's more, they undersell themselves by describing their book as "Text, Cases and Materials", because they have woven by far the largest proportion of the cases and materials into the text.' Helen Reece, Times Higher Education, May 2007. Reviews of first edition: 'A stimulating work which attempts to situate family law in its social, historical and political context. Its appeal should not be confined to family law students, as its commitment to a critical and analytical approach offers insights and ideas with broader significance.' Mary Childs, Child and Family Law Quarterly, September 2002 'The arguments are provocative, the analysis is stimulating and the materials amassed strongly support the authors' aim to question the "axiomatic status of what is traditionally designated as the family".' Fiona E Raitt, Infant and Child Development, September 2002 'It is not often that one can say of a textbook in Law that it "makes interesting reading" with quite the enthusiasm that can be expressed for this text. This new publication offers something that few textbooks seem to offer - a book you CAN open up virtually anywhere and find an interesting piece on almost any aspect of the broad family law spectrum.' Penny Booth, The Law Teacher, September 2002 'All the major themes in feminist and constructionist perspectives in family law are presented together with a wealth of readings and extensive references. As a teaching manual, it is excellent - a coherent feminist perspective across the entire range of family law' Marty Slaughter, Feminist Legal Studies, July 2003
Written in honour of the internationally renowned Professor Nigel Lowe, this book explores current issues in international family and child law and considers how the field might develop in the future.