Family Law

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By: Frances Burton

Hardcover

Published: 21st June 2012

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Family Law is an accessible, student-friendly textbook which provides a comprehensive foundation in the key topics covered by undergraduate and CPE/GDL courses. Written with clarity, Family Law offers an introduction not just to the black-letter law but also to the social, economic and historical developments that have helped to shape it, considering key academic debates and areas of controversy.

Authored by a highly experienced lecturer, Family Law is structured in two parts around family law and child law, the framing areas of the common syllabus. Developed with all the latest legislative developments, case law and potential reforms in mind, including the Human Fertilisation and Embryology Act 2008, R (A child) [2009], Radmacher v Granatino [2009], Re AR (A Child: Relocation) [2010], and Kernott v Jones [2011], the Final Report of the Family Justice Review and the controversy over the Legal Aid, Sentencing and Punishment of Offenders Bill 2011 (including the Family Law Manifesto campaign led by the Family Law Bar Association and supported by other organisations working with children and vulnerable families) this is the ideal textbook for all students of family or child law today.

Student-friendly features include:

Outline contents at the beginning of each chapter which provide students with a context as they read;

Bulleted summaries at the end of each chapter which highlight and reinforce the key concepts;

Further reading lists which point students towards contemporary sources for more detailed study;

An introduction to the key academic debates and areas of controversy, helping students to deepen their critical evaluation of the subject;

A free companion website, which offers students the opportunity to test their own understanding and apply their knowledge to a set of hypothetical problem-based questions. In addition, revision podcasts will prove invaluable as exam time approaches.

'Has an easily accessible writing style and makes complex issues intelligible to early years professional practitioners.' - Patrick Meehan, Year Two Coordinator, Early Childhood Studies Dept, Canterbury Christ Church University. 'Eminently 'student-friendly, - with clear explanations and precise statements' - Janette Porteous - The University of Lincoln

Preface	p. ix
Table of Cases	p. xi
Table of Statutes	p. xxv
Table of Statutory Instruments	p. xxxv
Table of EU Legislation	p. xxxvii
List of Abbreviations	p. xxxix
Introduction: What is Contemporary Family Law?	p. 1
Introduction	p. 2
The changing face of family law	p. 7
How family law differs from other civil litigation	p. 9
The function of family law	p. 9
Family law and human rights	p. 12
Current debates	p. 12
Summary of Chapter 1	p. 12
Further reading	p. 14
Marriage	p. 15
Introduction	p. 16
Marriage: a status	p. 17
Grounds on which a marriage will be void	p. 22
The effect of a void marriage	p. 29
Grounds on which a marriage will be voidable	p. 29
Current debates	p. 29
Summary of Chapter 2	p. 29
Further reading	p. 30
Nullity	p. 31
Introduction	p. 32
Annulling voidable marriages	p. 33
Nullity	p. 34
Grounds on which a marriage will be voidable	p. 36
Bars to a nullity decree	p. 41
Relationship between nullity and divorce	p. 43
Current debates	p. 44
Summary of Chapter 3	p. 44
Further reading	p. 45
Divorce: The Theoretical Background	p. 46
Introduction	p. 47
Origins of English divorce law and its impact on the underlying theory	p. 47
The Matrimonial Causes Act 1857: divorce and judicial separation	p. 49
Early twentieth-century reform	p. 50
The Divorce Reform Act 1969	p. 50
Current initiatives	p. 51
Overview of the current law: the Matrimonial Causes Act 1973	p. 54
The Matrimonial Causes Act 1973 in practice	p. 54
Terminology in divorce suits	p. 56
Jurisdiction	p. 57
The first year of marriage: the absolute bar on divorce	p. 58
Alternatives during the first year	p. 59
The relationship between divorce, financial and child proceedings	p. 62
Current debates	p. 63
Summary of Chapter 4	p. 63
Further reading	p. 65
Divorce: The Contemporary Process	p. 66
Introduction	p. 67
The ground for divorce and 'the five Facts'	p. 67
Proof of the ground ins 1(1)	p. 68
Adultery: Fact A	p. 70
Behaviour: Fact B	p. 75
The importance of drafting in an effective petition	p. 84
Desertion and constructive desertion: Fact C	p. 85
The separation decrees: Facts D and E	p. 91
Two years' separation with the respondent's consent: Fact D	p. 92
Five years' separation: Fact E	p. 94
How the statute works in practice	p. 96
Financial protection for reluctant respondents to Fact D and E petitions	p. 97
Other decrees: judicial separation and presumption of death and dissolution of the marriage: MCA 1973 ss 17 and 19	p. 103
Current debates	p. 103
Summary of Chapter 5	p. 104
Further reading	p. 106
Divorce: Marital Agreements, Collaborative Law, Mediation, Family Arbitration	p. 107
introduction	p. 108
Marital agreements	p. 110
Collaborative law	p. 113
Mediation	p. 115
Family arbitration	p. 116
Tentative conclusions	p. 117
Current debates	p. 119
Summary of Chapter 6	p. 119
Further reading	p. 120
Ancillary Relief	p. 121
Introduction	p. 122
Orders which the court may make	p. 124
The court's discretionary jurisdiction	p. 124
Applying for ancillary relief	p. 131
The s 25 factors, s 25A and the ideal of spousal self-sufficiency	p. 139
The court's considerations in exercising its discretion: MCA 1973 s 25(2)(b)-(h)	p. 150
The clean break: MCA 1973 s 25A	p. 163
Clean break options	p. 166
Quantum of orders-calculating spouse maintenance	p. 170
Variation	p. 171
Appeals out of time	p. 176
Varying Mesher orders	p. 177
Preventing evasion of liability or enforcement of orders	p. 177
The matrimonial home: the policy of homes for all	p. 179
Current debates	p. 185
Summary of Chapter 7	p. 185
Further reading	p. 189
Civil Partnership	p. 190
Introduction and background theory	p. 191
Formation of civil partnerships	p. 193
Dissolution of civil partnerships	p. 195
Distinction between marriage and civil partnership	p. 196
Current debates	p. 196
Summary of Chapter 8	p. 197
Further reading	p. 197
Cohabitation	p. 198
Introduction	p. 199
Current initiatives	p. 199
Property disputes	p. 201
Maintenance of the partner in life	p. 208
Maintenance of the partner after death	p. 209
Maintenance of children	p. 209
Parental responsibility	p. 210
Cohabitation contracts	p. 211
Proposals for reform	p. 212
Other discrimination	p. 214
Current debates	p. 214
Summary of Chapter 9	p. 215
Further reading	p. 216
Financial Support Without Decree	p. 217
Introduction	p. 218
Domestic Proceedings and Magistrates' Courts Act 1978 in the Family Proceedings Court	p. 221
Orders under the DPMCA 1978 s 2	p. 223
Agreed orders under the DPMCA 1978 s 6	p. 225
Orders under the DPMCA 1978 s 7 to continue voluntary payments made during separation	p. 226
Procedure	p. 226
Variation	p. 227
Enforcement	p. 227
Matrimonial Causes Act 1973 s 27	p. 229
Separation and maintenance agreements	p. 230
Which remedy?	p. 236
Current debates	p. 236
Summary of Chapter 10	p. 236
Further reading	p. 238
Domestic Violence and Forced Marriage	p. 239
Introduction	p. 240
Rights of occupation of the home of spouses or civil partners	p. 242
Domestic violence injunctions	p. 244
Occupation orders	p. 249
Procedure	p. 257
Transfer of tenancies	p. 258
Forced marriage	p. 258
Current debates	p. 260
Summary of Chapter 11	p. 260
Further reading	p. 262
The Children Act 1989	p. 263
Introduction	p. 264
The general principles: CA1989 s 1	p. 269
Parental responsibility	p. 276
Current debates	p. 284
Summary of Chapter 12	p. 285
Further reading	p. 285
Parentage and Parental Responsibility Through Human Assisted Reproduction and DNA Testing	p. 286
Introduction	p. 287
Essential terminology	p. 292
The Human Fertilisation and Embryology Act 2008	p. 293
Who is the mother?	p. 294
Who is the father?	p. 294
Posthumous parentage	p. 298
Destroying embryos and foetuses	p. 298
Surrogacy	p. 300
Parental orders	p. 301
Parentage established by DNA testing	p. 302
Directing tests	p. 305
Current debates	p. 306
Summary of Chapter 13	p. 306
Further reading	p. 307
Children's Rights, Autonomy and Medical Treatment	p. 308
Introduction	p. 309
The theory of children's rights	p. 311
Medical treatment	p. 311
Current debates	p. 318
Summary of Chapter 14	p. 319
Further reading	p. 319
The Child's Welfare	p. 320
Introduction	p. 321
Welfare and the exercise of judicial discretion	p. 322
The welfare checklist: CA 1989 s 1(3)	p. 323
Current debates	p. 341
Summary of Chapter 15	p. 341
Further reading	p. 342
Section 8 Orders	p. 343
Introduction	p. 344
The portfolio of orders under s 8	p. 345
Interim orders	p. 355
Enforcement of orders	p. 355
Who may apply for s 8 orders?	p. 356
The family assistance order: s 16	p. 357
Change of name or removal from the jurisdiction: s 13(1)	p. 358
Current debates	p. 361
Summary of Chapter 16	p. 361
Further reading	p. 363
Making Contact Orders Work	p. 364
Introduction	p. 365
Addressing contact problems	p. 367
Current debates	p. 372
Summary of Chapter 17	p. 372
Further reading	p. 373
International Abduction and Relocation	p. 374
Introduction	p. 375
Child Abduction Act 1984	p. 378
Dealing with abduction if prevention fails	p. 379
Defences	p. 384
The European Convention	p. 387
Non-Convention cases	p. 388
Which Convention?	p. 389
Relocation	p. 390
Current debates	p. 392
Summary of Chapter 18	p. 393
Further reading	p. 394
Child Protection: Wardship, the Inherent Jurisdiction and the Children Acts in Public and Private Law	p. 395
Introduction	p. 396
The relationship of wardship and the inherent jurisdiction to the Children Act 1989	p. 398
State intervention in the family	p. 404
Current debates	p. 406
Summary of Chapter 19	p. 407
Further reading	p. 408
Care, Supervision and Protection Orders	p. 409
Introduction	p. 410
The new approach of Parts III to V of the Children Act 1989	p. 412
The local authority's duty to accommodate: s 20	p. 412
formal care orders: CA 1989 s 31	p. 415
Supervision orders: s 35, as an alternative to care	p. 419
Emergency orders: ss 43 and 44	p. 421
Children Act procedure	p. 423
Evidence	p. 426
Current debates	p. 430
Summary of Chapter 20	p. 430
Further reading	p. 431
Financial Provision for Children	p. 432
Introduction	p. 433
The dual CSA-court application system	p. 434
Child Support Acts 1991 to 1995 as amended	p. 436
Reform of the CSA regime	p. 440
The future settlement of child maintenance	p. 442
Child maintenance and provision under the Children Act 1989	p. 444
Current debates	p. 445
Summary of Chapter 21	p. 445
Further reading	p. 447
Adoption	p. 448
Introduction	p. 449
General provisions of adoption law	p. 451
Who can adopt and be adopted	p. 453
Arranging adoptions	p. 454
Parental agreement to adoption	p. 457
The placement order replacing 'freeing for adoption'	p. 458
Adoption orders with conditions	p. 459
Effects of adoption	p. 460
Special guardianship	p. 461
Current debates	p. 462
Summary of Chapter 22	p. 462
Further reading	p. 463
Index	p. 464
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9780415583657
ISBN-10: 0415583659
Audience: Tertiary; University or College
Format: Hardcover
Language: English
Number Of Pages: 520
Published: 21st June 2012
Dimensions (cm): 24.6 x 17.4 x 3.3
Weight (kg): 1.064

This product is categorised by:

Non-Fiction » Law » Jurisprudence & General Issues
Non-Fiction » Law » Laws of Specific Jurisdictions » Family Law

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