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ePDF and ePUB available open access under CC-BY-NC-ND licence. Recent legislative changes in England and Wales have eroded children's ability to exercise their article 12 UNCRC rights to information, consultation and representation when parents separate. However, children's voices may be heard through child-inclusive mediation (CIM). Considered from a children's rights perspective, this book provides a critical socio-legal account of CIM practice. It draws on in-depth interviews with relationship professionals, mediators, parents and children, to consider the experiences, risks and benefits of CIM. It investigates obstacles to greater uptake of CIM and its role in improving children's wellbeing and agency. Exploring the culture and practice changes necessary for a more routine application of CIM, the book demonstrates how reconceptualising CIM through a children's rights framework could help to address barriers and improve outcomes for children.
"Dr. Jessica Pryce knows the child welfare system firsthand and ... breaks it down from the inside out, sharing her professional journey and offering the crucial perspectives of caseworkers and Black women impacted by the system. It is a ... confrontation of [what she believes is] the inherent and systemic racism deeply entrenched within the child welfare system. Pryce started her social work career with an internship where she was committed to helping keep children safe. In the book, she walks alongside her close friends and even her family as they navigate the system, while sharing her own reckoning with the requirements of her job and her role in the systemic harm. Through poignant narratives and introspection, readers witness the harrowing effects of a well-intentioned workforce that has lost its way, demonstrating how separations are often not in a child's best interests"--
Grandparents have become more and more involved in the lives of their grandchildren, yet their legal position is still vague and uncertain. This useful new updated guide sets out what remedies are available and what action grandparents can take should they become caught up in family breakup or disharmony. The author has represented and advised grandparents in both private and public law proceedings over many years. Topics covered include:Grandparents - the current position;Orders available to grandparents in private and public law proceedings;Permission to file applications for court orders;Acquisition of Parental Responsibility;Contact with grandchildren in the care of the Local AuthoritySpecial Guardianship Orders including discharge and variation applications;The cases of Re J (2002), Re A (2015) & Re C (2009) Re M (2021) Re F&G (2021)Practical suggestions on advising grandparents on court applications.ABOUT THE AUTHORStuart Barlow is in the family team at Bhatia Best Solicitors. He has specialised in Family Law for over 40 years. His focus is now on representing Parents and other parties in Children Cases. He is a member of the Law Society Children Panel and Accredited Specialist with Resolution in Private Children and Cohabitation Law. He is the former Chief Assessor of the Law Society Family Law Panel and adjudicator for the Legal Aid Agency. He is a regular presenter of training courses for family lawyers throughout England and Wales and the author of several family law books.CONTENTSIntroductionChapter One - Summary of the Current PositionChapter Two - Common Situations Faced by GrandparentsChapter Three - Orders Available to GrandparentsChapter Four - Who Can Apply? - Section 10 Children Act 1989Chapter Five - What if the Court's Permission Is Required?Chapter Six - Other Important FactorsChapter Seven - Application for Party StatusChapter Eight - The Court ProcessChapter Nine - Applications for Leave by the Child ConcernedChapter Ten - Funding an Application to the CourtChapter Eleven - Public Law ProceedingsChapter Twelve - Grandparents' Contact With Their Grandchildren in the Care of a Local AuthorityChapter Thirteen - Special Guardianship OrdersChapter Fourteen - Special Guardianship Order ChangesChapter Fifteen - Practical Suggestions When Advising ClientsChapter Sixteen - ConclusionAppendix A - Children Act 1989 Part IIIAppendix B - Adoption and Children Act 2002Appendix C - Part 18 Procedure for Other Applications in Proceedings
Guide and Grow: The Essential Guide on How to Successfully Guide Your Child to Grow Up as a Latchkey KidAll over the US, children are going home after school and spending time alone until their parents get home from work. This is what a latchkey kid is. The term came about because they have their own key, usually on a chain hung from their neck, to unlock their home each day when they're done with school. They typically have no adult supervision for two to three hours each evening while they wait for their parents to come home. There are more than four million grade-school-aged latchkey kids because there are a lot of dual-income parents and single parents in the workforce today.This book will teach all about raising a latchkey kid. But first, you have to learn the law in your area regarding latchkey kids. You will also learn how to determine whether your child is mature enough to be left on his or her own and you also need to consider your own financial and emotional situation.This book will discuss the following topics:Latchkey Kids and the LawDangers of Being LatchkeyBenefits of Being a Latchkey KidMaturity Cues That Show Your Child Is Latchkey ReadyExplaining to Your Child What's HappeningSetting Up Your Emergency Contact NetworkSetting Boundaries and Expectations for Your ChildDealing with the UnexpectedAnd many more!There are some inherent dangers in being a latchkey kid. But you can mitigate each of them if you're honest about it and aware. If you want to learn more, scroll up and click "add to cart" now.
This authoritative study is the first devoted to Permanence Orders. It comprehensively describes the court process from initiation to conclusion. It guides the practitioner from considering the available orders into considering the rules governing the application. The form of evidence required is described before an examination of the expanding caselaw detailing the thresholds of the different orders, the role of welfare and contact. The book concludes with consideration of expenses and the exacting hurdles attaching to appeals.ABOUT THE AUTHORAlan Inglis was Called to the Bar of England and Wales in 1989 and the Scots Bar in 2009. He practices in both jurisdictions but primarily in Scotland. He has appeared in many of the leading cases which are considered in this book. He has always practiced exclusively in Family Law, particularly public law children's cases. Before that he was a social worker in Inner London specialising in child protection and mental health.Alan is based at Arnot Manderson Advocates in Edinburgh and 4PB in London. He is a trustee of both the Scottish Child Law Centre and of the Equality Network, and also a Fellow of the International Academy of Family Lawyers.CONTENTSChapter One - IntroductionChapter Two - The Structure of a Permanence OrderChapter Three - The ApplicationChapter Four - EvidenceChapter Five - The Threshold CriteriaChapter Six - WelfareChapter Seven - ContactChapter Eight - ExpensesChapter Nine - AppealsAppendix One - Adoption and Children (Scotland) Act 2007Appendix Two - Rules of the Court of Session - Chapter 67Appendix Three - Act of Sederunt (Sheriff Court Rules Amendment) (Adoption and Children (Scotland) Act 2007) 2009 No. 284
The existence of 'stranded spouse' cases in family law has existed for many decades. The issues that emerge in stranded spouse cases are complex in nature but also emotive. In the family law context, stranded spouse cases can raise issues that practitioners and the courts of England and Wales have to grapple with in a sensitive and effective manner This is because ultimately, the court is concerned on the welfare of the subject children who may be caught up in a practice which is a form of domestic abuse and the welfare of the subject children is as a consequence, impacted upon.This book will provide practitioners a toolkit as to how the courts of England and Wales deal with the vast amount of issues that arise in stranded spouse cases. In particular, this book will outline the strategies practitioners can adopt when representing either parent or the subject children throughout each stage of proceedings. This book will illustrate the powers that can be utilised by virtue of the inherent jurisdiction. In particular, this book will consider the following practical considerations for practitioners:The definition of stranded spouses and the case law relating to this area of the law;The use of the inherent jurisdiction in stranded spouse cases;The use of wardship in stranded spouse cases;The powers and purpose of the High Court and orders that can be obtained such as Tipstaff orders, disclosure orders and return orders;How to effectively represent applicants, respondents and children in these types of proceedings;The format of court hearings and how to deal with certain issues within the court arena; andRepresenting vulnerable clients and participation of parties in stranded spouse cases.ABOUT THE AUTHORMani Singh Basi is a barrister at 4PB. He is a practitioner who has a specialist interest in cases with an international element. As such, he regularly appears in the High Court in cases relating to the inherent jurisdiction of the High Court such as child abduction cases and what can be regarded as 'stranded spouse' cases. He was the winner of the Family Law Commentator of the Year Award at the LexisNexis 2022 Family Law Awards.CONTENTSChapter One - An Introduction to Stranded Spouse CasesChapter Two - Defining Stranded SpouseChapter Three - Stranded and Separated and the Inherent Jurisdiction of the High CourtChapter Four - Stranded and Separated From the ChildrenChapter Five - Stranded With the Subject ChildrenChapter Six - Being Stranded With the PerpetratorChapter Seven - Participation of Parties in Stranded Spouse CasesChapter Eight - Outcomes in Stranded Spouse CasesChapter Nine - Conclusion
This is an essential handbook for any family law practitioner.The last few years have seen a significant increase in awareness of menopausal symptoms and the potentially significant adverse impact they can have on quality of life, ability to work for certain periods of time, relationships, and much more. The average age at divorce has been gradually increasing and now directly collides with the generally accepted "average" age range for onset of menopausal symptoms.A party's menopausal symptoms are now, more than ever, likely to be a relevant factor which should be considered in family law proceedings (to include financial remedy and Children Act matters). This is new territory for practitioners and the judiciary alike.This book will give practical advice to practitioners about how to identify, approach and manage a case in which either or both parties are experiencing symptoms of the menopause.ABOUT THE AUTHORJennifer Williamson is a Partner at Blake Morgan LLP, based in the firm's Southampton office but regularly working from other locations including London and Oxford. She specialises in family law, undertaking a full range of divorce, financial remedy, and private Children Act work in which she acts for a wide and varied client base.Jennifer regularly features in the legal directories (Legal 500, Chambers and Partners) where she is ranked as a "Next Generation Partner" and "Up & Coming". The flowing published testimonials evidence the high regard for her from clients and fellow practitioners alike. Her technical expertise, proportionate and human approach are particularly noted.Jennifer has been at the forefront of thought leadership about the interplay between menopause and family law. She is passionate about the need for recognition of, and a sensible, balanced approach to, the issues.CONTENTSChapter One - Why This Is ImportantChapter Two - Relationship BreakdownChapter Three - Approach & PathChapter Four - Financial Remedy WorkChapter Five - Nuptial AgreementsChapter Six - Children Act 1989 MattersChapter Seven - Domestic Abuse & Family Law Act ApplicationsChapter Eight - Cohabitation MattersChapter Nine - Disability, Protected Characteristics, Ethnic Minorities, Ethnic Groups and LGBTQ+Chapter Ten - Evidence and ExpertsChapter Eleven - Should the Menopause Be Run as an Issue?Chapter Twelve - Family Lawyers and the MenopauseChapter Thirteen - Avoiding Potential NegligenceConclusion
Are you thinking about separating? Have you separated already? Scared because you don't know what's next?This book is intended to demystify the legal process of separation for survivors of domestic violence and family court first-timers in Ontario, Canada.Consider this your starting point, so that you can understand the options open to you, learn about the claims you may have, and advocate for yourself, whether you are represented or not.
Since the beginning of his rise to power, Chinggis Khan used matrimonial relations between the members of his family and his allies in order to strengthen his support base and to expand the potential of his army. Whereas research has discussed in detail the history of the Chinggisid women, the role of their male non-Chinggisid counterparts - the imperial sons-in-law (Mon. güregen, Ch. fuma ¿¿), mostly the powerful military commanders - is still an under-researched topic.In his monograph, Ishayahu Landa for the first time provides a comprehensive and detailed discussion of the Chinggisid in-laws, approaching them as a separate political institution with its own status, privileges, and ambitions, which played a crucial role in underpinning the Mongol rule across the continent. The monograph is unique in its combined usage of Arabic, Persian, Chinese, Latin and Old Slavonic primary sources as well as its temporal scope, ranging from the early thirteenth century to the period of the Chinggisid Crisis and beyond. The monograph will be of interest for specialists in Mongol, Chinese, Islamic, Russian, and global histories, as well as in the field of Gender Studies, and nomadic history and ethnography. At the same time, it covers an important aspect of the power structure behind the Chinggisid expansion, its maintenance of power from Korea to the Black Sea, as well as its decline.
Proportionality is a ubiquitous concept in law. While mostly associated with fundamental rights review, it also plays an important role in private law. In this context, proportionality requirements can be the result of both traditional private law reasoning and the influence of constitutional law. The present volume aims to explore different forms and functions of proportionality in selected private law contexts and jurisdictions. The contributions cover constitutional and theoretical underpinnings of proportionality's role in private law as well as specific examples of how proportionality affects private law in different areas and across different jurisdictions. They include perspectives on German and US-American private, procedural, and constitutional law as well as a special focus on the European dimension.
A comprehensive, sensitive guide for changing families.Dino Divorce helps readers understand what divorce means, why it happens, and how to best cope with everyone's feelings.Topics covered are: the Sudden ChangeConfusing FeelingsTalking it OutA New HomeMeeting New FriendsRebuilding Family BondsDifferent Kinds of FamiliesThis book is essential to discuss and explain to children the hard but important topic in the simple and appropriate way that children could relate to and understand.Parents and educators alike will find this book the perfect tool to help children cope with parental separation, breakup or divorce, and to teach them that whether living in one home or two, they're always loved and supported.Features:Divorce words with definitionsLined notebook pages to write questions and feelings6x9 so it can be carried anywhereFully colored and beautifully illustrated
This book examines the (in)visibility of romantic love in the legal discourse surrounding modern Australian marriage. It looks at how romantic love has become a core part of modernity and a dominant part of the Western marriage discourse and considers how the ideologies of romantic love are (or are not) replicated in the legal meaning of marriage.
This book presents an empirical examination of consent-seeking among Pashtun Muslims in the Pakistani province of Khyber Pakhtunkhwa (KPK), to determine whether cultural norms and beliefs have largely come to diverge from the principles of consent in Islamic law and jurisprudence. Is culture part of the 'inevitable decay' to which Max Müller says every religion is exposed? Or - if rephrased in terms of the research encapsulated within this book - are cultural beliefs and practises the inevitable decay to which Islam has been exposed in Muslim societies?Drawing on interviews with Muslims in Pakistan and Australia, the research broadly broaches questions around the rights of women in Islam and contributes to a wider understanding of Muslim social, cultural, and religious practices in both Muslim majority nations and diaspora communities. The author disentangles cultural practices from both religious and universal legal principles, demonstrating how consent seeking in Pashtun culture generally does not reflect the spirit or the intent of consent as described in Hanafi law and jurisprudence. This research will be of interest to students and scholars across sociology, anthropology, socio-legal studies, and law, with a focus on Islamically-justified law reform in Muslim nation states.
The long-awaited, incredible story of Ty Gerot, an infamous tale of money & Betrayal is finally here! This book is an autobiography that tells the story of a person who has suffered a deep betrayal by their family. This betrayal has not only devastated the author emotionally but has also affected their mental health, leading to anxiety attacks and therapy sessions. To add insult to injury, every time the author tries to approach their family, he is met with shameless deflection and insults. The author's decision to go public with their story is not to seek pity but to serve as a warning to others. He wants to remind people to protect themselves and not be naive enough to trust even family members. The story highlights how even people living in small towns should not be complacent and should always be cautious. This personal experience serves as a powerful reminder of how important it is to be vigilant and protect what is rightfully yours.
Abuse of the elderly and senior citizens is often an unspoken issue in India. Compared to other kinds of abuse, senior citizen abuse is more hidden and often goes unreported. This is because of several reasons, the chief of which is that often the senior citizens live in the same household as and are dependent on their abusers. Additionally, the senior citizens may be unfamiliar with the procedures for reporting abuse or fearful of the police and other government agencies. They may be ignorant of the laws such as Senior Citizen Protection Act, the senior citizen helplines and the organizations like HelpAge India that are available for their benefit. In this book, we focus on the problem of elderly abuse specifically in India and discuss about some practical steps and support available for senior citizens. It is hoped that this will enable the senior citizens and their well-wishers to better access the available support.
"Guardianship, sometimes called conservatorship, is an ever-growing phenomenon. Some of these arrangements are truly beneficial, but countless others are unwanted, unnecessary, and violate constitutionally protected human rights. Award winning journalist, Diane Dimond, dissects the mysterious, ever-expanding, and complicit cottage industry of individuals who profit off the confinement of others"--
In a world where an application to court should be seen in almost all cases as the absolute last resort, many family law practitioners surprisingly have little or no understanding of the benefit of 'out of court' dispute resolution processes and how they actually work on the ground. As the natural tendency is to 'stick to what you know' this can cause a nervousness and a reluctance to engage in any form of dispute resolution which is unfamiliar. This can give rise to unwittingly becoming 'the other side' whose intransigence is blamed for a failure to consider other alternatives.Mediation/arbitration training courses are expensive - and not everyone wants to do additional training beyond their skills as a family lawyer. The purpose of this practical guide is to provide you with everything you need to know to support your client through all forms of 'out of court' dispute resolution with complete confidence.First you are taken through the reasons why this might be beneficial to you as a practitioner - and of course your clients. You are then provided with a clear 'step by step' guide, intended to dispel all of the mystery of the unfamiliar. Armed with this clear and concise information you can comfortably move away from the court process and quickly find that there is an 'out of court' solution for almost every situation in which you are involved.ABOUT THE AUTHORKarin Walker is the founder of KGW Family Law, a niche family law practice based in Woking. A former Chair of Resolution's national DR Committee (2014-2017), Karin has always been keen to promote out of court dispute resolution. Her aim is to assist clients settle issues on separation through constructive communication.A Family Lawyer, Mediator, Collaborative Practitioner and Arbitrator, Karin is an established figure in the family law world. In addition to her highly successful practice, she also provides training for family lawyers and mediators and has lectured extensively on a variety of topics. She is co-author of the internationally best selling book 'Divorcing a narcissist - the lure, the loss and the law' and also 'Narcissism and Family Law - a Practitioner's Guide'.CONTENTSIntroductionSection One - First ConsiderationsChapter One - Why, What and When? the Impact of the New Divorce LegislationChapter Two - The Expectation of the New ClientChapter Three - Your Pressures as a PractitionerChapter Four - Raising the Issue of Out of Court Dispute Resolution With Your ClientChapter Five - How to Approach the "Other Side"Chapter Six - The Real Purpose of the MIAM and How to Get the Best Out of That AppointmentChapter Seven - The Bespoke Nature of the Out of Court Methods of Dispute ResolutionSection Two - The Out of Court Options and How They Work in PracticeChapter Eight - Mediation and Hybrid MediationChapter Nine - Neutral EvaluationChapter Ten - Collaborative PracticeChapter Eleven - The Private FDRChapter Twelve - ArbitrationChapter Thirteen - The Certainty ProjectAnd Finally...Top Tips for Out of Court Dispute Resolution
Short concise summary of all Florida Family Law cases from 2005 - 2023 by Board Certified Divorce Attorney Eddie Stephens. Squib: n. a short, sharp, usually witty impression, a short news story. v. The act of squibbing. 100% of proceeds of this project are being donated to Center for Child Counseling, Inc.
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