9780199282357

This first edition of Family Law offers a fresh, clear and concise introduction to the subject. Designed to map directly onto mainstream university courses, the book provides an overview of the major issues and debates in family law in England and Wales. Current changes are explained and critically evaluated.

Dr Mary Welstead heads up the teaching of family law and property law at the University of Buckingham. She has lectured throughout the world on domestic violence, the rights of cohabitants and issues of consent to medical treatment in multi-cultural societies.
Prof Susan Edwards is a teacher, barrister, researcher and campaigner with degrees in both law and social sciences. Her areas of expertise include criminal law, child law, gender and policing. She has been involved with several Home Office projects as well as working closely with NGOs. Professor Susan Edwards is a barrister and a well-known writer and broadcaster on feminist issues. She teaches family law, sex and gender in the legal process, and criminology at the University of Buckingham.
Dr Welstead and Professor Edwards are Co-Directors of the Centre for Multi-Cultural Studies in Law and the Family at Buckingham University.

Abbreviations

xiv

Table of cases

xv

Table of statutes

xxvi

Introduction to family law and its changing dimensions

1

(8)

What is family law?

1

(1)

Family law or freedom of contract?

2

(1)

Changing definitions of family

2

(3)

Excluded relationships

5

(1)

Changing concerns of family law

6

(1)

Organization of the text

7

(2)

Further Reading

7

(2)

State intervention in personal relationships

9

(17)

Form v function

9

(1)

A dual approach

10

(1)

Definition of marriage

10

(1)

Capacity to marry

11

(3)

Formalities of marriage

14

(3)

Common law marriage

17

(1)

Presumption of marriage by cohabitation and repute

17

(3)

Civil partners

20

(1)

Capacity to register a civil partnership

21

(1)

Mental capacity

22

(1)

Formalities of civil partnership

22

(1)

Cohabitants

22

(4)

Further Reading

23

(1)

Self-Test Questions

24

(2)

Nullity and its consequences

26

(22)

Nullity: an unimportant concept?

26

(1)

Void or voidable relationships

27

(1)

Void relationships

28

(1)

Grounds on which a marriage will be void

28

(4)

Grounds on which a civil partnership will be void

32

(2)

Voidable relationships

34

(1)

Grounds on which a marriage will be voidable

35

(7)

Bars to relief where a marriage is voidable

42

(1)

Grounds on which a civil partnership will be voidable

43

(1)

Bars to relief where a civil partnership is voidable

44

(1)

Consequences of nullity for married couples and civil partners

45

(3)

Further Reading

46

(1)

Self-Test Questions

47

(1)

Acquisition of rights in the family home

48

(23)

The family home: an overview

48

(1)

Informal trusts

49

(1)

Resulting trusts

50

(1)

Constructive trusts

51

(7)

Proprietary estoppel

58

(4)

Contracts

62

(3)

Family Law Act 1996, Part IV

65

(2)

Bankruptcy

67

(4)

Further Reading

69

(1)

Self-Test Questions

69

(2)

Domestic violence

71

(19)

Incidence, nature, and causes of domestic violence

71

(1)

Criminal remedies

72

(2)

Civil remedies

74

(1)

Family Law Act 1996, Part IV: occupation rights

74

(7)

Family Law Act 1996, Part IV: non-molestation orders

81

(2)

Protection from Harassment Act 1997

83

(1)

Injunctions in other civil proceedings

84

(1)

Domestic violence and human rights

84

(1)

Forced marriage and domestic violence

84

(1)

Asylum and domestic violence

85

(1)

A final criticism: the way forward

86

(4)

Further Reading

87

(1)

Self-Test Questions

88

(2)

Ending relationships

90

(18)

Divorce

90

(1)

Statistical evidence of divorce

91

(1)

Reasons for increase and its consequences

91

(1)

The divorce process

91

(2)

Ground for obtaining a divorce

93

(1)

The five facts

93

(9)

Reconciliation

102

(1)

Consequences of divorce

102

(1)

Critique of current law

103

(1)

Reform

103

(1)

Judicial separation

104

(1)

Civil partnerships

105

(3)

Further Reading

106

(1)

Self-Test Questions

106

(2)

Financial consequences of ending relationships

108

(36)

Ownership of property during the relationship

108

(4)

Rights to maintenance during the relationship

112

(4)

Financial consequences of ending the relationship

116

(2)

Ancillary relief on divorce, judicial separation or nullity

118

(3)

The statutory charge

121

(1)

Variation of capital orders and orders relating to the family home

121

(3)

The statutory guidelines

124

(12)

Agreements

136

(2)

Ancillary relief for civil partners

138

(1)

Cohabitants

139

(1)

Fiances

140

(4)

Further Reading

141

(1)

Self-Test Questions

142

(2)

Death and its consequences

144

(17)

Presumption of death

144

(2)

Funeral arrangements

146

(1)

Testate succession

147

(1)

Intestate succession

147

(3)

Claims under the Inheritance (Provision for Family and Dependants) Act 1975

150

(7)

Fatal Accidents Act 1976

157

(4)

Further Reading

159

(1)

Self-Test Questions

160

(1)

Parents: rights and responsibilities

161

(30)

Who is a parent in fact?

162

(2)

The social reality of parenting

164

(4)

What is a legal parent? The current law

168

(1)

Who is a legal parent? The current law

168

(7)

Historical legacy: parental rights to responsibilities

175

(3)

Demise of paternal authority

178

(3)

The natural parent presumption strikes back

181

(4)

More than just nomenclature: from rights to responsibilities

185

(1)

Meaning of parental responsibility

186

(5)

Further Reading

189

(1)

Self-Test Questions

189

(2)

From clean break to open adoption

191

(28)

History of UK adoption

191

(3)

Adoption and Children Act 2002: a snapshot

194

(3)

Adoption services

197

(3)

Domestic adoptions: who can adopt?

200

(2)

Matching parents to children and children to parents

202

(4)

Regulation and review of decisions

206

(1)

Court orders

207

(3)

Adoption: is it really a course of last resort?

210

(1)

Who adopts today?

211

(2)

Welfare test in adoption: family human rights

213

(2)

The move to openness

215

(1)

Human rights: genetic identity

216

(3)

Further Reading

217

(1)

Self-Test Questions

217

(2)

Adolescent rights: autonomy and participation

219

(28)

Rights of the child: general principles

219

(1)

The three `ages' of rights of childhood

220

(5)

Adolescent autonomy: what adolescent autonomy?

225

(1)

The law on adolescent competence

226

(7)

Testing the application of `Gillick competence'

233

(6)

Principles involved in reaching a `Gillick competence' determination

239

(1)

`Gillick competent' at last!

240

(2)

`Gillick competent': so what?

242

(1)

On the road to adolescent rights

243

(1)

`Gillick competence': it's for real

244

(3)

Further Reading

245

(1)

Self-Test Questions

245

(2)

Children's welfare and private disputes

247

(24)

When parents fall out

247

(2)

Partnership principle

249

(1)

Child welfare: paramount consideration

250

(1)

Court orders

251

(1)

Welfare checklist: six factors

251

(7)

`No order' principle

258

(1)

Orders under the Children Act 1989

259

(6)

Child abduction

265

(6)

Further Reading

269

(1)

Self-Test Questions

269

(2)

In the child's best interests: the jurisdiction of wardship

271

(24)

Ancient and modern wardship

271

(3)

The jurisdiction of wardship

274

(1)

Test to be applied in wardship

275

(2)

Wardship and the Children Act 1989

277

(1)

What kind of cases invoke wardship?

278

(8)

Life and death matters

286

(5)

Human rights and treatment

291

(4)

Further Reading

293

(1)

Self-Test Questions

293

(2)

Child protection: public law procedure

295

(26)

What is child abuse?

295

(3)

Physical abuse (non-accidental injury)

298

(3)

Sexual abuse

301

(1)

Emotional abuse

302

(2)

Neglect

304

(1)

The law

305

(1)

Significant harm

305

(1)

The investigative process

306

(6)

Orders during the preliminary stage

312

(5)

Care plans

317

(1)

Partnership

317

(1)

Human rights issues and the childcare process

318

(3)

Further Reading

319

(1)

Self-Test Questions

320

(1)

Protecting children from `significant harm': interpreting the law

321

(22)

Threshold finding of `significant harm'

321

(5)

Standard of care given by the reasonable parent

326

(2)

Present and future harm: a temporal question

328

(3)

Putting abuse to proof: Re H

331

(3)

Implications of Re H for child protection?

334

(2)

`No order' presumption

336

(1)

Evaluating child protection

337

(1)

Disposal: making a care or supervision order

338

(2)

Child protection and public authority liability

340

(3)

Further Reading

341

(1)

Self-Test Questions

342

(1)

Financial provision for children

343

(16)

UNCRC 1989

343

(1)

Child support obligation

344

(1)

Duty to maintain: Child Support Act 1991

345

(1)

Maintaining a child of the family

346

(2)

Whose child is it anyway?

348

(2)

Non-disclosure by the resident parent

350

(1)

Enforcement: reduced benefit directions

351

(1)

How much is a child worth: the maintenance formulae

352

(1)

The private arena of child support

353

(2)

Criticisms of the pre-1991 system of child maintenance

355

(1)

Evaluation of the Child Support Act 1991

356

(1)

Human rights and child support

357

(2)

Further Reading

358

(1)

Self-Test Questions

358

(1)

Index

359

What is included with this book?

The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.

The Used, Rental and eBook copies of this book are not guaranteed to include any supplemental materials. Typically, only the book itself is included. This is true even if the title states it includes any access cards, study guides, lab manuals, CDs, etc.

Amazon no longer offers textbook rentals. We do!

Family Law

Family Law

0199282358

Summary

Author Biography

Table of Contents

Supplemental Materials