| Foreword |
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v | |
| Preface |
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vii | |
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xv | |
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xvii | |
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xxv | |
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Table of Statutory Instruments |
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xxix | |
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The Continuing Evolution of Family Law |
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1 | (38) |
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1 | (2) |
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2 | (1) |
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3 | (1) |
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The changing demographic picture |
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3 | (7) |
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3 | (1) |
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3 | (1) |
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4 | (1) |
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4 | (1) |
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4 | (1) |
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5 | (1) |
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6 | (2) |
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8 | (1) |
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8 | (1) |
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8 | (1) |
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8 | (1) |
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9 | (1) |
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Diversity of the population |
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9 | (1) |
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9 | (1) |
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10 | (1) |
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10 | (14) |
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The cultural legacy of religion |
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12 | (3) |
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State intervention in the family |
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15 | (5) |
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The gender and class dimensions in family law |
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20 | (4) |
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Adapting family law to social change |
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24 | (13) |
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The neglect of the elderly |
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24 | (2) |
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The re-discovery of domestic violence |
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26 | (3) |
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The transformation of adoption |
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29 | (1) |
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The changing nature of adoption law and practice |
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29 | (1) |
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The rise and fall of private law adoptions |
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30 | (1) |
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The rise and rise of public law adoptions |
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31 | (2) |
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Broadening the concept of adoption |
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33 | (1) |
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Other changes made by the 2002 Act |
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34 | (2) |
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36 | (1) |
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37 | (2) |
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The Troublemakers: Cranks, Psychiatrists and other Mischievous Nuisances - their Role in Reform of English Family Law in the Nineteenth and Twentieth Centuries |
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39 | (18) |
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39 | (1) |
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Priorities for reform: divorce or property? |
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40 | (7) |
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Edith Summerskill: married women's property |
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41 | (1) |
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The defeat of Dr Summerskill and the `Women of England' |
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42 | (3) |
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Why did divorce come first? |
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45 | (2) |
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Do `rights' matter? The case of the guardianship legislation |
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47 | (2) |
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Caring for deprived, neglected and abused children |
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49 | (2) |
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Transforming ideas into laws |
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51 | (4) |
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Leo Abse: the most effective law reformer in twentieth-century Britain? |
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52 | (3) |
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55 | (2) |
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Looking Back on the Overlooked: Cohabitants and the Law 1857-2007 |
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57 | (28) |
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57 | (2) |
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The extent and nature of cohabitation |
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59 | (3) |
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Attitudes to cohabitation |
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62 | (4) |
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The legal treatment of cohabitants |
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66 | (17) |
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83 | (2) |
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Removing Children from their Families - Law and Policy before the Children Act 1989 |
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85 | (26) |
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85 | (2) |
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87 | (14) |
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Care proceedings: the grounds |
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87 | (3) |
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Care proceedings: practice and procedures |
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90 | (4) |
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94 | (1) |
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Assumption of parental rights: the grounds |
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95 | (2) |
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Assumption of parental rights: policy and procedures |
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97 | (2) |
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Access to children in care |
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99 | (2) |
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The prerogative jurisdiction of the High Court |
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101 | (5) |
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When wardship was available to local authorities |
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101 | (1) |
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The unavailability of wardship to parents and others interested in a child |
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102 | (4) |
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106 | (3) |
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109 | (2) |
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Cultural Change and the Family Justice System |
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111 | (36) |
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111 | (1) |
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112 | (3) |
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The family justice system |
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112 | (2) |
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The problem of defining `cultural change' |
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114 | (1) |
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115 | (3) |
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Rapid cultural and economic social change increase public anxiety and lead to authoritarian measures of social control |
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115 | (1) |
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Periods of relative social stability facilitate the development of community based support services |
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116 | (1) |
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From priests to psychiatrists - the translation of `spiritual wellbeing' into modern child welfare and mental health thinking |
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117 | (1) |
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Emergence and convergence of the family justice system in late modernity |
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118 | (4) |
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Post-war conceptual advances in the behavioural and social sciences concerning the family |
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119 | (3) |
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The development of family-focused social policy and social work |
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122 | (7) |
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The growth of university social work training |
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122 | (1) |
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Post-war child care policy and practice |
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122 | (2) |
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The Seebohm Committee and reorganisation of local authority social services |
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124 | (1) |
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The post-war development of the probation service's civil work |
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125 | (1) |
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Unified local family courts - a feasible reality or mirage? |
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126 | (2) |
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The influence of socio-legal `consumer' studies of the family jurisdictions |
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128 | (1) |
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Family justice in the postmodern age - fragmentation, reversion and decay? |
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129 | (15) |
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Postmodernity and the family |
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129 | (2) |
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Children, critical life transitions and the family justice system |
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131 | (2) |
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The surveillance and support dilemma |
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133 | (3) |
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Enforcement in the family courts - blurring the distinction between the criminal and civil jurisdictions |
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136 | (1) |
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Official encouragement to make greater use of the magistrates' family proceedings court |
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137 | (1) |
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The emergent nature of the government's strategy for family justice |
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138 | (1) |
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Implementation of the Carter Review of Legal Aid |
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139 | (2) |
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New Labour's stealthily emergent policy for family justice |
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141 | (1) |
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Some continuing positive support measures of family justice |
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142 | (2) |
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144 | (3) |
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Fifty Years of Family Law: an Opinionated Review |
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147 | (26) |
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147 | (6) |
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Family law as a discrete entity |
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153 | (5) |
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Family law's image of the family |
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153 | (2) |
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Family law and social control |
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155 | (1) |
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Marriage and its discourses |
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155 | (2) |
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Family law's neglect of family issues |
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157 | (1) |
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158 | (12) |
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Conclusion - and so to 2057 |
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170 | (3) |
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Law, Family and Community |
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173 | (14) |
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173 | (1) |
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174 | (1) |
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174 | (1) |
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175 | (1) |
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176 | (1) |
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177 | (7) |
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Community legal and advice services |
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177 | (3) |
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Solicitors and barristers |
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180 | (1) |
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181 | (1) |
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182 | (2) |
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Communities, law and responsibility |
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184 | (3) |
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187 | (16) |
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187 | (1) |
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What is the legal institution of marriage for? The individuals or the state? |
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187 | (2) |
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The rise of marriage as an equal partnership |
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189 | (3) |
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The flight from marriage: is equality to blame? |
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192 | (6) |
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Threats to the equal partnership |
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198 | (3) |
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Does marriage have a future? |
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201 | (2) |
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The Future for Ancillary Relief |
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203 | (18) |
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203 | (1) |
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204 | (3) |
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Some European features of ancillary relief today |
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207 | (7) |
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214 | (2) |
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216 | (1) |
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216 | (5) |
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216 | (2) |
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The future for ancillary relief |
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218 | (3) |
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Caring for our Future Generations |
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221 | (24) |
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221 | (1) |
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Twenty-first century families |
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221 | (3) |
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Family life under the Children Act 1989 |
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224 | (1) |
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225 | (2) |
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Reform of the Children Act 1989 |
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227 | (5) |
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Critique of the provisions relating to parental responsibility |
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232 | (3) |
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235 | (4) |
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Governing the family in the twenty-first century |
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239 | (2) |
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Advising and supporting families |
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241 | (1) |
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242 | (3) |
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The Future of Welfare Law for Children |
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245 | (16) |
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245 | (1) |
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246 | (1) |
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246 | (1) |
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The current political context |
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247 | (1) |
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248 | (2) |
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250 | (2) |
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252 | (1) |
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253 | (1) |
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253 | (3) |
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256 | (5) |
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Where in the World is International Family Law Going Next? |
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261 | (32) |
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261 | (1) |
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The developing internationalisation of English family law |
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262 | (22) |
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Where is internationalisation heading? |
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271 | (1) |
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The continuing impact of human rights |
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272 | (2) |
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The continuing impact of the Hague Conference |
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274 | (1) |
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The 1996 Hague Convention on the Protection of Children |
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274 | (2) |
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The 1993 Hague Intercountry Adoption Convention and the 1980 Hague Abduction Convention |
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276 | (2) |
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The 2007 Hague Maintenance Convention and the 2000 Hague Convention on the Protection of Adults and possible future developments |
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278 | (2) |
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The continuing impact of the Council of Europe |
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280 | (2) |
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The continuing impact of the EU |
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282 | (1) |
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The overall impact of these continuing developments |
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283 | (1) |
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Bringing national laws closer together |
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284 | (9) |
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Can or should family laws be harmonised? |
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285 | (2) |
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287 | (2) |
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289 | (4) |
| Index |
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293 | |
