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Family Law — Overview

Publications

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Showing all 198 Family Law publications currently held in our database
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Journal Articles

2014

J M Eekelaar, 'Family Justice on Trial - re A' (2014) 44 Family Law [...]

The article analyses the decision of the Court of Appeal which describes the process of a contact case as one of system failure, and suggests an alternative reading of the reported facts.


J M Eekelaar, 'Perceptions of Equality: the Road to Same-Sex Marriage in England' (2014) 28 International Journal of Law, Policy and the Family 1 [...]

DOI: 10.1093/lawfam/ebt013

The article examines the backgroubnd to the treatment of same-sex relationships in English law and the progression to the enactment of the Marriage (Same Sex Couples) Act 2013, analysing the positions advanced by participants in the debate.


J J W Herring, 'Alarm bells' (2014) New Law Journal 9 [...]

Discussion of Re W (A Child) [2014] EWCA 772 and litigants in person in family law cases


J J W Herring, 'Life after death' (2014) New Law Journal 10 [...]

A discussion of posthumous parenting


2013

J M Eekelaar, 'Marriage - a modest proposal' (2013) 43 Family Law 82 [...]

A critical account of ther law in England and Wales governing entry into marriage and suggestions for reform


ISBN: 0014-728

J M Eekelaar, 'Then and Now: Family Law's Direction of Travel' (2013) 35 Journal of Social Welfare and Family Law 415 [...]

By comparing reported cases from 1959-60 with those in 2011, the article reveals the way family law has changed over this period, becoming much more attuned to people's real problems. This has however thrown up difficulties in its application; some of the responses to these difficulties are considered.


ISBN: 0964-9069

L Ferguson, 'Arbitration in Financial Dispute Resolution: The Final Step to Reconstructing the Default(s) and Exception(s)?' (2013) 35 Journal of Social Welfare and Family Law 115 [...]

DOI: 10.1080/09649069.2013.774757

In this article, I argue for caution in embracing family arbitration as a new form of private ordering for resolving parties’ financial disputes. I explain that family arbitration may be more successful than other forms of private ordering and final court hearings in enabling certain types of parties to resolve certain types of disputes. I consider why family arbitration may not become numerically significant despite its potential benefits, but may be much more important in normative terms. Lawyer-led negotiations remain the most common form of out-of-court resolution and constitute the de facto default form of bargaining in the shadow of the normative regime framed by ss 23-25 Matrimonial Causes Act 1973. Together with the transformation in approach to nuptial agreements, family arbitration may mark a normative shift towards autonomy and private ordering. I question whether this is a desirable step for family law, at least before we have resolved the underlying policy debate.


R George and O Cominetti, 'Relocation in English Law: Thorpe LJ’s Discipline and Its Application' [2013] International Family Law 149

R George, 'Relocation: Key Findings from the 2012 Study' (2013) Family Law 1430 and 1573

J J W Herring, 'A Lost Cause' (2013) 17 May 2013 New Law Journal [...]

A discussion of whether unmarried cohabitants are discriminated against if treated unlike married couples


J J W Herring and Oliver Powell, 'The rise and fall of presumptions surrounding the welfare principle' (2013) 43 Family Law 553

2012

J M Eekelaar, 'Self-Restraint: Social Norms, Individualism and the Family' (2012) 13 Theoretical Inquiries in Law 75 [...]

The paper argues that claims that individualism has overcome normative behaviour within families are incorrect, but also that state's should be cautious about translating social norms that operate within families into legal norms. Three types of approach to the relationship between legal and social norms within families are sketched, and it is suggested that one, styled "purposive abstention",should normally be preferred.


L Ferguson, '\\\'Not Merely Rights for Children but Children\\\'s Rights: The Theory Gap and the Assumption of the Importance of Children\\\'s Rights' (2012) International Journal of Children's Rights (forthcoming)

L Ferguson, '“Families in all their Subversive Variety”: Over-Representation, the Ethnic Child Protection Penalty, and Responding to Diversity whilst Protecting Children' (2012) Studies in Law, Politics, and Society (forthcoming)

R George, 'International Relocation, Care Arrangements and Case Taxonomy' (2012) Family Law 1478

R George, 'Relocation Research: Early Ideas from Ten County Court Cases' (2012) Family Law 700

R George, 'Reviewing Relocation? Re W (Relocation: Removal Outside Jurisdiction) [2011] EWCA Civ 345 and K v K (Relocation: Shared Care Arrangement) [2011] EWCA Civ 793' (2012) Child and Family Law Quarterly 110

R George, 'The International Relocation Debate' (2012) Journal of Social Welfare and Family Law 141

J J W Herring, 'Breaking the chain' (2012) New Law Journal 705 [...]

A discussion of financial orders on dissolution of civil partnerships


J J W Herring, 'Different strokes' (2012) New Law Journal 1018 [...]

Discussion of Re T (Children) on costs orders in family cases


J J W Herring, 'Double Jeopardy. When is a marriage not a marriage?' (2012) New Law Journal 317

J J W Herring, 'How to conquer indecision' (2012) Management Today [...]

Article on decision-making


J J W Herring and Charles Foster, 'Welfare means relationality, virtue and altruism' (2012) Legal Studies 480 [...]

A discussion of the nature of welfare, best intersts and well being.


2011

S J Bright and J Bettle, 'Ashby v Kilduff – a modern day morality tale?' (2011) 41 Family Law 168

J M Eekelaar, 'Evaluating Legal Regulation of Family Behaviour' (2011) 1 17 [...]

This paper centres on the distinction between norms related to family behaviour expressed through state law and practice and such behaviour itself. Such expression requires justification because it prescribes rather than describes social behaviour. It is maintained that a necessary condition for justification should be that the family-related norm enhances the well-being of individuals in the family, and that the application of this condition requires careful evaluation of empirical evidence, in particular, an appreciation of the relative effects of legal events and of social behaviour. The paper examines such evidence in regard to a number of issues.


J M Eekelaar, 'Not of the Highest Importance: Family Justice under Threat' (2011) 33 Journal of Social Welfare and Family Law 311 [...]

The articles considers the reasons given by policy-makers for reducing legal aid for family matters and argues that they reflect a diminished sense of the role of justice in family relationships, and blindness to the role of lawyers in resolving family conflicts.


J M Eekelaar, 'The Arbitration and Mediation Services (Equality) Bill' (2011) 41 Family Law 1209 [...]

An analysis of the Arbitration and Mediation Services (Equality) Bill 2011


ISBN: 0014-7281

Mavis Maclean and others, 'Family Justice in Hard Times: Can We Learn from Other Jurisdictions?' (2011) 33 Journal of Social Welfare and Family Law 319

R George, 'In Defence of Dissent: R (McDonald) v Royal Borough of Kensington and Chelsea' (2011) Family Law 1097

R George, 'Practitioners’ Views on Children’s Welfare in Relocation Disputes: Comparing Approaches in England and New Zealand' (2011) 23 Child and Family Law Quarterly 178

R George, 'Principles Relevant to Child’s Welfare and Best Interests' (2011) 7 The New Zealand Family Law Journal 26

J J W Herring, Robert H George and Peter G Harris, '"With this Ring I Thee Wed (Terms and Conditions Apply)"' (2011) 41 Family Law 367 [...]

An article discussing pre-nups


J J W Herring, 'Children first: but which?' (2011) New Law Journal 724 [...]

Article discussing how cases involving chidlren with competing intersts should be dealt with.


J J W Herring, 'Moving Forward?' (2011) New Law Journal 1011 [...]

Discussion of developments in the law on relocation


J J W Herring, 'Moving Forward?' (2011) New Law Journal 1011 [...]

discussion of recent case on relocation of children.


J J W Herring and Stephen Gilmore, 'No is the hardest word: consent and children\'s autonomy' (2011) Child and Family Law Quarterly 3 [...]

An article considering the interpretation of the Gillick decision


Mikey Dunn and J J W Herring, 'Safeguarding children and adults: Much of a muchness?' (2011) Child and Family Law Quarterly 528 [...]

A discussion of legal interventions to protect children and vulnearble adults.


Janet Bettle and J J W Herring, 'Shaken Babies and Care Proceedings' (2011) Family Law 1370 [...]

A discussion of evidence in care proceedings with cases involving shaken babies.


J J W Herring, 'The meaning of domestic violence' (2011) 33 Journal of Social Welfare and Family Law 297 [...]

A discussion of the meaning of domestic violence


J J W Herring, 'Who's the Daddy' (2011) New Law Journal 1577 [...]

Discussion of LG v DK


J J W Herring, 'Whose Baby is it Anyway?' (2011) New Law Journal 195 [...]

Discussion of surrogacy law


2010

J M Eekelaar, 'Evaluating Legal Regulation of Family Behaviour' (2010) 1 International Journal of the Jurisprudence of the Family 17 [...]

This paper centres on the distinction between norms related to family behaviour expressed through state law and practice and such behaviour itself. Such expression requires justification because it prescribes rather than describes social behaviour. It is maintained that a necessary condition for justification should be that the family-related norm enhances the well-being of individuals in the family, and that the application of this condition requires careful evaluation of empirical evidence, in particular, an appreciation of the relative effects of legal events and of social behaviour.


J M Eekelaar, 'Legal Events and Social Behaviour' (2010) 40 Family Law 1094 [...]

A description of empirical evidence about the effects of family law on social behaviour


R George and F Judd QC, 'International Relocation: Do We Stand Alone?' (2010) Family Law 63

P Harris and R George, 'Parental Responsibility and Shared Residence Orders: Parliamentary Intentions and Judicial Interpretations' (2010) 22 Child and Family Law Quarterly 151

J J W Herring, '20:10:2010: The death knell of marraige' (2010) New Law Journal 1511 [...]

A discussion of pre-nups


J J W Herring, 'Money, money money' (2010) Counsel 26 [...]

Consideration of recent cases on ancillary relief on divorce.


J J W Herring, 'Money, Money, Money...' (2010) New Law Journal 300 [...]

An article discussing big money divorce cases


J J W Herring, 'Seven ways of getting it wrong' (2010) New Law Journal 718 [...]

An article discussing issues surrounding child protection cases


J J W Herring, 'Sexless Family Law' (2010) 11 Lex Familiae, Revista Portugesa de Direito da Familia 3 [...]

This paper argues that rights and responsibilities in family law should not flow from the sex of the parties or the nature of any sexual relationship between them


2009

R George, 'The Shifting Law: Relocation Disputes in New Zealand and England' (2009) 12 The Otago Law Review 107

J J W Herring, 'An Age-Old Problem' (2009) New Law Journal 770 [...]

Article on law and older people


J J W Herring, 'Heaven Sent' (2009) New Law Journal 1607 [...]

A discussion of the Law Commission's proposals on intestacy


J J W Herring, 'Protecting Vulnerable Adults' (2009) Child and Family Quarterly 498 [...]

This article considers developments in the law protecting vulernable adults.


J J W Herring, 'Revoking adoptions' (2009) New Law Journal 377 [...]

A discussion of when the law allows and should allow the revocation of an adoption.


2008

L Ferguson, 'Rights, Social Inequalities, and the Persuasive Force of Interpersonal Obligation' (2008) 22 International Journal of Family Law and Policy 61

R George, 'Changing Names, Changing Places: Reconsidering Section 13 of the Children Act 1989' (2008) Family Law 1121

J J W Herring, 'Deal or no deal' (2008) New Law Journal 1621 [...]

Discussion of enforceability of agreements between divorcing couples.


2007

J M Eekelaar, 'Why People Marry: the Many Faces of an Institution' (2007) 41 Family Law Quarterly [...]

Accepted for the special issue on the Future of Marriage by this US publication in the Fall of 2007, the article draws on the author's research and UK legal developments to contribute to the debate over marriage in the USA.


ISBN: 0014-729X

L Ferguson, 'Uncertainty and Indecision in the Legal Regulation of Children: The Albertan Experience' (2007) 23(2) Canadian Journal of Family Law 159

R George, 'Joint Residence: A Comparison of Practitioners’ Perspectives in England and France' (2007) International Family Law 28

R George, 'Practitioners’ Approaches to Child Welfare After Parental Separation: An Anglo-French Comparison' (2007) 19 Child and Family Law Quarterly 337

R Taylor, 'Reversing the Retreat from Gillick' (2007) Child and Family Law Quarterly 81

2006

J J W Herring and Shazia Choudhry, 'Domestic Violence and the Human Rights Act 1998: A New Means of Legal Intervention' [2006] Public Law 722 [...]

Article discussing relevance of HRA to domestic violence cases.


J J W Herring and Rachel Taylor, 'Relocating Relocation' (2006) Child and Family Law Quarterly 517 [...]

Article on relocation of children


J J W Herring and others, 'Righting Domestic Violence' (2006) 16 International Journal of Law Policy and the Family 1 [...]

Article considering the potential impact of the Human Rights Act on domestic violence cases.


R Taylor, 'Children's Privacy and Press Freedom in Criminal Cases' (2006) Child and Family Law Quarterly 269

J Herring and R Taylor, 'Relocating Relocation' (2006) Child and Family Law Quarterly 517

2005

J M Eekelaar, 'Deciding for children' (2005) 7 Australian Journal of Professional and Applied Ethics 66 [...]

Discussion of the relationship between deciding issues about children on the basis ofrights and on the basis of welfare


ISBN: 1328-4576

J M Eekelaar, 'Miller v Miller: the Descent into Chaos' (2005) 35 Jordans/Family Law 870 [...]

Criticism of Court of Appeal decision on allocation of assets on divorce


ISBN: 0014-7281

J M Eekelaar and Mavis Maclean, 'The Significance of Mariage: Contrasts between White British and Ethnic Minority Groups in England' (2005) 27 Law & Policy 379 [...]

Report of data from empirical study on the understanding of the purpose of marriage and obligations arising in domestic relationships, demonstrating differences between white British and ethnic minority respondents.


ISBN: 0265-8240

L Ferguson, 'Trial by Proxy: How s.15 Removes Age from Adolescence' (2005) Journal of Law and Equality 84

J J W Herring, 'Farewell Welfare?' (2005) Journal of Social Welfare and Family Law 159 [...]

Article on the welfare principle


J J W Herring, 'Why Financial Orders on Divorce Should Be Unfair' (2005) 2005 19 International Journal of Law Policy and the Family '1 [...]

Article on financial orders on divorce


2004

J M Eekelaar, 'Children between Cultures' (2004) 18 International Journal of Law, Policy & the Family 178 [...]

Discussion oflaw and policy when children are subjected to competing claims from cultural groups


J M Eekelaar and M Maclean, 'Marriage and the Moral Bases of Personal Relationships' (2004) 31(4) Journal of Law and Society 510

J J W Herring, 'Breach of Contact?' (2004) 33 Family Law Journal 16 [...]

Discussion of human rights issues in enforcement of contact orders


2003

J M Eekelaar, 'The End of an Era?' (2003) 28 Journal of Family History 108 [...]

Describing historical trends in family law


J J W Herring and P-L Chau, 'Cloning in the House of Lords' (2003) Family Law (Jordans) 781 [...]

Article discussing cloning.


0

J J W Herring, 'The welfare principle and the Children Act: Presumably its about welfare' 36 Journal of Social Welfare and Family Law 14 [...]

DOI: 10.1080/09649069.2014.887258

A discussion of the use of presumptions in interpreting the welfare principle in family law.


Books

2014

R George, Relocation Disputes: Law and Practice in England and New Zealand (Hart Publishing 2014) [...]

Relocation cases are disputes between separated parents which arise when one parent proposes to move to a new geographic location with their child and the other parent objects to the proposal. Relocation disputes are widely recognised as being amongst the most difficult cases facing family courts, and the law governing them is increasingly a cause for debate at both national and international levels. In Relocation Disputes: Law and Practice in England and New Zealand, Rob George looks at the different ways in which the legal systems of England and New Zealand currently deal with relocation cases. Drawing on case law, literature and the views of legal practitioners in the two jurisdictions, Relocation Disputes represents a major contribution to our understanding of the everyday practice of relocation cases. The empirical data reported in this book reveal the practical differences between the English and New Zealand approaches to relocation, along with a detailed analysis of the pros and cons of each system as seen by judges, lawyers and court experts who deal with these cases in practice. This analysis leads to detailed criticisms and lessons that can be learnt, together with practical suggestions about possible reforms of relocation law.


ISBN: 9781849464666

J J W Herring, A Very Short Introduction to Family Law (Oxford University Press 2014)

J J W Herring, Family Law: Law Express (5th Ed, Pearson 2014)

J J W Herring, Relational Autonomy and Family Law (Springer 2014)

2013

J M Eekelaar and Mavis Maclean, Family Justice: The Work of Family Judges in Uncertain Times (Hart Publishing 2013) [...]

Based on observations of court proceedings the book analyses the nature of activities in the lower family courts in England and Wales, showing them to be very different from the way they are commonly perceived by policy-makers. It sets these findings within an account of the place of justice in the resolution of family conflicts.


R George, F Judd QC, D Garrido and A Worwood, Relocation: A Practical Guide (Jordan Publishing 2013) [...]

Relocation disputes arise between separated parents when one of them proposes to move to a different geographic location with their child and the other parent objects to the plan. Whether the proposed move is within the United Kingdom or international, the consequence of either allowing or refusing a relocation application is usually of the greatest importance to the parents and children involved. Relocation: A Practical Guide offers practitioners and parents a comprehensive handbook on the law and practice which is needed to successfully handle any relocation dispute, whether it ends up in court or not. Written in an accessible style by a team of experienced specialists, Relocation: A Practical Guide explains the entire process of dealing with a relocation case. After a detailed discussion of both international and internal relocation law (including case examples and key summaries), the book moves step by step through the entire process of a case, from first discussions to final hearings and appeals. Essential relocation cases and relevant Practice Directions are also contained in the appendices, making this an indispensable guide for anyone working in this complex and fast-changing area of law and practice.


J J W Herring, Caring and the Law (Hart 2013) [...]

This book explores at a theoretical and practical level the law's interaction with caring.


ISBN: 9781849461061

J J W Herring, Family Law, 6th ed (Pearson 2013)

J J W Herring, Family Law: Questions and Answers, 2nd ed (Pearson 2013)

J J W Herring and Julie Wallbank, Vulnerabilities, Care and Family Law (Routledge 2013)

2012

R George, Ideas and Debates in Family Law (Hart Publishing 2012) [...]

Ideas and Debates in Family Law is written for family law students, at undergraduate level and beyond, who are looking for less orthodox ideas about family law. The book's first section looks at themes in family law, addressing challenges facing the family justice system, rights and responsibilities, and the internationalisation of the law regulating families. The second section is focused on adult relationships: it suggests new ways for the law to allocate legal consequences for families, debates the consequences of the 'contractualisation' of marriage, and explores the value of 'fairness' in family finances. The third section is about children, discussing the welfare principle, parental responsibility and practical parenting. Although these issues sound common enough in a family law book, the discussions found here are far from common. Useful by itself or alongside a textbook, Ideas and Debates in Family Law offers new and thought-provoking perspectives on family law issues.


ISBN: 9781849462549

J J W Herring, How to Decide: What to Do When You Don't Know What to Do (Pearson 2012) [...]

A book on decision making techniques


J J W Herring, R Templar, L Thompson and T Fadem, Negotiating to Win: Strategies and Skills for Everyday Situations (Pearson 2012)

2011

J J W Herring, S. Gilmore and R. Probert, A journey through landmark cases of family law (S. Gilmore, J. Herring and R. Probert, Hart 2011)

J J W Herring, ÈϹÊóCCÒÂÎ ÏÎËeÈÊÈ (Pretext 2011) [...]

Russian edition of book on arguing.


ISBN: 9785989950775

J J W Herring, Family Law, 5th ed. (Longman 2011) [...]

Textbook on family law


ISBN: 9781408255520

J J W Herring, S. Gilmore and R. Probert, Landmark Cases in Family Law (Hart 2011) [...]

Collection of essays on key cases in family law


ISBN: 9781849461016

J J W Herring, Question and Answer: Family Law (Pearson 2011) [...]

Sample questions and answers on family law


ISBN: 9781408241271

2010

J J W Herring and Shazia Choudhry, European Human Rights and Family Law (Hart 2010) [...]

A detailed analysis of the relevance of the ECHR and rights analysis to family law.


ISBN: 978 1 84113 175 7

J J W Herring, Family Law: Law Express, 3rd ed (Pearson 2010) [...]

A short guide to Family Law


J J W Herring, How to argue (Pearson 2010) [...]

A book giving practical advice on how to argue well, or better, how to avoid arguments.


ISBN: 9780273734185

2009

J J W Herring, Family Law (Pearson 2009) [...]

A textbook on family law


ISBN: 99781405899567

J J W Herring, Older People in Law and Society (Oxford University Press 2009) [...]

A book looking at the legal treatment of old age. It also consider the interaction of social policy and law on the lives of older people.


ISBN: 978-0-19-922902-4

J J W Herring, Rebecca Probert and Stephen Gilmore, Responsible Parents and Parental Responsibility (Hart 2009) [...]

A collection of essays discussing parental reponsibility


J J W Herring, The Woman Who Tickled Too Much (Pearson 2009) [...]

A light-hearted guide to bizarre family law cases.


ISBN: 9780273723257

2008

J J W Herring, Family Law: Law Express (Pearson 2008) [...]

A revision guide for family law


ISBN: 978140589953

2007

J J W Herring, Caring (Law and Justice 2007) [...]

The article considers how the law interacts with caring practices.


J J W Herring, Law Express: Family Law (Pearson 2007) [...]

Family Law Textbook


ISBN: 9781405847155

2006

J M Eekelaar, Family Law and Personal Life (OUP 2006)

0

J J W Herring, Family Law: Law Express (4th edn, Pearson 0)

Chapters

2014

R George, 'Children's Welfare in European Perspective' in J Scherpe (ed), Research Handbook on European Family Law (Edward Elgar 2014) (forthcoming)

J J W Herring, 'Law and policy concerning older people' in John Eekelaar and Rob George (eds), Routledge Handbook of Family Law and Policy (Routledge 2014)

J J W Herring, 'Making family law less sexy...and more careful' in R. Leckey (ed), After Legal Equality (Routledge 2014)

J J W Herring, 'Relational autonomy and family law' in Anne Röthel (ed), Verträge in der Unternehmerfamilie (Mohr Siebeck 2014)

2013

J J W Herring and Julie Wallbank, ''Introduction: Vulnerabilities, Care and Family Law'' in Julie Wallbank and Jonathan Herring (eds), Vulnerabilities, Care and Family Law (Routledge 2013)

J J W Herring, 'Family Law' in All England Law Review 2012 (Butterworths Lexis Nexis 2013)

J J W Herring, 'Family Law' in A. Burrows (ed), English Private Law (OUP 2013)

J J W Herring, 'Making Family Law More Careful' in Julie Wallbank and Jonathan Herring (eds), Vulnerabilities, Care and Family Law (Routledge 2013)

J J W Herring, 'The Power of Naming: Surnames, Children and Spouses' in M. Freeman and F. Smith (eds), Law and Language (OUP 2013) [...]

This chapter critques the law and practices surrouding the use of surnames in marriage and for children.


J J W Herring, 'The right to protection from domestic abuse' in I. Kucuardi (ed), Violence and Human Rights (Maltepe University 2013)

2012

J M Eekelaar, 'Family Law - What Family Law?' in Fifty Years in Family Law: Essays for Stephen Cretney (Intersentia 2012) [...]

A discussion of the issue of recognition of the family law of minority communities, with special reference to sharia law in England and Wales


ISBN: 978-1-78068-052-1

R George, 'Relocation of Children in Family Law Disputes' in Rosemary Sheehan, Helen Rhoades and Nicky Stanley (eds), Vulnerable Children and the Law (Jessica Kingsley 2012)

J J W Herring, 'Divorce, Internet Hubs and Stephen Cretney' in Rebecca Probert and Chris Barton (eds), Fifty Years in Family Law (Intersentia 2012) [...]

A discussion of the proposed reforms to the procedures on divorce, in the light of the work of Stephen Cretney's approach to the issue


J J W Herring, 'Elder Abuse: A Human Rights Agenda for the Future' in Israel Doran and Ann Soden (eds), Beyond Elder Law (Springer 2012) [...]

An exploration of how a human rights approach might be used to combat elder abuse.


J J W Herring, 'Family Law' in All England Law Review 2011 (Butterworths Lexis Nexis 2012)

J J W Herring, 'Vulnerability, children and the law' in M Freeman (ed), Law and Childhood Studies (OUP 2012) [...]

A discussion of the role vulnerability plays in the construction of childhood in the law


2011

R George, 'Regulating Responsibilities in Relocation Disputes' in J Bridgeman, H Keating and C Lind (eds), Regulating Family Responsibilities (Ashgate 2011)

J J W Herring, 'Age discrimination and the Law: Forging The Way Ahead' in Emma Parry and Shaun Tyson (eds), Managing an Age Diverse Workforce (Macmillan 2011) [...]

A chapter discussing the law on age discrimination and how that might develop.


ISBN: 9780230240933

J J W Herring, 'Elder Abuse and Stessing Carers' in J Bridgeman, H Keating and C Lind (eds), Regulating Family Responsibilities (Ashgate 2011) [...]

An article examining the causes of elder abuse and in particular the extent to which the stress suffered by carers leads to abuse.


J J W Herring, 'Family Law' in All England Annual Review 2010 (Butterworths Lexis Nexis 2011) [...]

A discussion of major legal developments in family law in 2010.


and R Taylor, 'Poels Apart: Fixed Principles and Shifting Values in Relocation Law' in S Gilmore, J Herring and R Probert (eds), Landmark Cases in Family Law (Hart 2011)

2010

J J W Herring, Rebecca Probert and Stephen Gilmore, 'A more principles approach to parental responsibility in England and Wales?' in J. Mair and E Orucu (eds), Juxtaposing Legal Systems and the Principles of European Family Law on Parental Responsibilities. (Intersentia 2010) [...]

A discussion of the English Law on parental responsibility.


J J W Herring, 'Family Law' in All England Law Review 2009 (Butterworths 2010) [...]

discussion of major case law developments in family law in 2009


J J W Herring, 'Relational autonomy and family law' in J. Wallbank, S. Choudhry and J. Herring (eds), Rights, Gender and Family Law (Routledge 2010)

J J W Herring, 'Sheffield City Council v E Commentary' in R Hunter, C McGlynn and E Rackley (eds), Feminist Judgments (Hart 2010) [...]

Commentary on feminist responses to marriage and mental capcity


J J W Herring, Julie Wallbank and Shazia Choudhry, 'Welfare, Rights, Care and Gender in Family Law' in J. Wallbank, S. Choudhry and J Herring (eds), Rights, Gender and Family Law (Routledge 2010) [...]

A discussion of the use of the concepts of rights, welfare, care and gender in family law


2009

J J W Herring, S Gilmore and R Probert, 'Parental Responsibility - Law, Issues and Themes' in R Probert, S Gilmore and J Herring (eds), Responsible Parents and Parental Responisbility (Hart 2009) [...]

Discussion of the nature of parental responsiblity


J J W Herring, 'The Shaming of Naming: Parental Rights and Responsibilities in the Naming of Children' in R Probert, S Gilmore and J Herring (eds), Responsible Parents and Parental Responsibility (Hart 2009) [...]

A discussionof the law and ethics of the naming of chidlren


R Taylor, 'Parental Responsibility and Religion' in S Gilmore, J Herring and R Probert (eds), Parental Responsibility and Responsible Parenting (Hart 2009)

2008

J J W Herring, 'Child Abduction' in P. Cane and J. Conaghan (eds), The New Oxford Companion to Law (OUP 2008)

J J W Herring, 'Co-parenting' in P Cane and J Conaghan (eds), The New Oxford Companion To Law (OUP 2008)

J J W Herring, 'Family Law' in All England Law Review 2007 (Lexis Nexis Butterworths 2008) [...]

Review of developments in family law


J J W Herring, 'Human Rights and Family Law ' in P. Cane and J. Conaghan (eds), The New Oxford Companion To Law (OUP 2008)

J J W Herring, 'Older People and the Law' in C. O'Cinneide and J. Holder (eds), Current Legal Problems 2007 (OUP 2008) [...]

The chapter considers the legal treatment of old age.


ISBN: 9786199237999

J J W Herring, 'Together forever? The rights and responsibilities of adult children and their parents' in J. Bridgeman, H. Keating and C. Lind (eds), Responsibility, Law and the Family (Ashgate 2008) [...]

Chapter conisdering the obligations owed between adult children and their parents


ISBN: 9780754671091

2007

J J W Herring, 'Family Law' in All England Law Review 2006 ( 2007)

J J W Herring and P-L Chau, 'The Meaning of Death' in B. Brooks-Gordan, F.Ebtehaj, M. Johnson, M. Richards (eds), Death Rites and Rights (Hart 2007) [...]

Discussion of medical and legal understandings of death


ISBN: 978141137322

2006

J M Eekelaar, 'Empowerment and Responsibility: The Balance Sheet Approach in the Principles and English Law' in Robin Fretwell Wilson (ed), Reconceiving the Family: Critique on the American Law Institute's Principles on the Law of Family Dissolution (Cambridge University Press 2006)

J J W Herring, 'Family Law' in All England Law Review 2005 (Butterworths 2006) [...]

Discussion of developments in family law in 2005


2005

J M Eekelaar, 'Personal Obligations' in Mavis Maclean (ed), Family Law and Family Values (Hart Publishing 2005) [...]

A theoretical discussion of the nature of obligations in the family context, designed as providing a theoretical backgrounbd to an empirical research project


ISBN: 1-841113-547-X

Nicholas Bala, Martha Shaffer and L Ferguson, 'Family Law for the Older Canadian' in Ann Soden (ed), Advising the Older Client (Butterworths 2005)

J J W Herring, 'Family Law' in All England Law Review 2004 (Butterworths 2005) [...]

Summary of legal developments in family law in 2004


2002

J M Eekelaar, 'Child Endangerment and Child Protection in England and Wales' in Margaret K. Rosenheim, Franklin E. Zimring, David S. Tanenhaus and Bernadine Dohrn (eds), A Century of Juvenile Justice (University of Chicago Press 2002) [...]

Overview of child protection law and policy in England


2001

J J W Herring, 'Parents and Children' in J. Herring (ed), Family Law: Issues, Debates, Policy (Willan 2001)

J J W Herring, 'The Human Rights Act and the Welfare Principle' in S. Butler (ed), Human Rights at the Millenium (Butterworths 2001)

J J W Herring, 'The Welfare Principle and the Rights of Parents' in A. Bainham, S. Day Sclater and M. Richards (eds), What is a Parent? (Hart 2001)

Edited books

2014

J Eekelaar and R George (eds), The Routledge Handbook of Family Law and Policy (Routledge 2014) (forthcoming) [...]

Changes in family structures, demographics, social attitudes and economic policies over the last sixty years have had a large impact on family lives and correspondingly on family law. This book provides global perspectives on the policy challenges facing family law and policy round the world. The chapters apply legal, sociological, demographic and social work research to explore the most significant issues that have been commanding the attention of family law policy-makers in recent years. Featuring contributions from a range of renowned global experts, the book draws on multiple jurisdictions and offers comparative analysis across a range of countries. The book addresses a range of issues including: - the role of the state in supporting families and protecting the vulnerable - children’s rights and parental authority - sexual orientation and gender in family law - the status of marriage and other forms of adult relationships - divorce and separation and their consequences - the relationship between civil law and the law of minority groups - assisted conception - movement of family members between jurisdictions This advanced level reference work will be essential reading for students, researchers and scholars of family law and social policy as well as policy makers in the field.


2010

J J W Herring, Julie Wallbank and Shazia Choudhry (eds), Rights, Gender and Family Law (Routledge 2010) [...]

A collections of essays looking at the use of rights in family law, primarily from a feminist standpoint.


ISBN: 10 0415482674

2007

J J W Herring, B. Brooks-Gordan, F. Ebtehaj and M. Johnson (eds), Death Rites and Rights (Hart 2007) [...]

Socio-legal book on death


ISBN: 9781841137322

2001

J J W Herring (ed), Family Law: Issues, Debates, Policy ( 2001)

Internet Publications

2014

J J W Herring and Janet Bettel, '"With this diode, I thee wed”: Marrying robots and what this tells us about 21st century marriage' (2014) Family Law Week [...]

This article considers whether you can marry a robot.


2012

R George, 'Researching Relocation Disputes in First Instance Courts' (2012) Family Law Week

2011

R George, 'Fair Outcomes as Common Intentions: The Debate in Kernott v Jones' (2011) Family Law Week

2004

L Ferguson, 'The End of an Age: Beyond Age Restrictions for Minors' Medical Treatment Decisions' (2004) SSRN [...]

This report was commissioned by the Law Commission of Canada. However, shortly after the report was published on the Law Commission’s website in 2005, the incoming Canadian government abolished the Commission and reports on pending issues were removed from the website. It is now available on the SSRN site.


Case Notes

2014

R George, 'The Veil of Incorporation and Post-Divorce Financial Remedies' (2014) Law Quarterly Review (forthcoming)

2013

R George, 'Family Finances and the Corporate Veil: Prest v Petrodel' (2013) Family Law 991

2012

R George, 'Cohabitants' Property Rights: When Is Fair Fair?' (2012) Cambridge Law Journal 31

R George, 'Lawrence v Gallaher: Playing a Straight Bat in Civil Partnership Appeals?' (2012) Journal of Social Welfare and Family Law 357

2011

R George, 'Re F (Children) (Internal Relocation) [2010] EWCA Civ 1428' (2011) 33 Journal of Social Welfare and Family Law 169

J J W Herring, Robert H George and Peter G Harris, 'Ante-nuptial agreements: fairness, equality and presumptions' (2011) 127 Law Quarterly Review 335 [...]

discussion of Radmacher v Granatino


2010

R George, 'Re L (Internal Relocation: Shared Residence Order) [2009] EWCA Civ 20, [2009] 1 FLR 1157' (2010) 32 Journal of Social Welfare and Family Law 71

2009

J J W Herring, 'Who decides on human rights?' (2009) 125 Law Quarterly Review 1 [...]

A discussion of Re P [2008] UKHL 38.


2008

R George, 'Stack v Dowden: Do As We Say, Not As We Do?' (2008) 30 Journal of Social Welfare and Family Law 49

2006

L Ferguson, 'Case Comment: ‘Retroactivity, Social Obligation, and Child Support’' (2006) 43 Alberta Law Review 1049

Others

2010

J J W Herring, 'How to survive Christmas Rows' (2010)

Reviews

2013

R George, '‘Fifty Years in Family Law: Essays for Stephen Cretney’, edited by Rebecca Probert and Chris Barton' (2013) Law Quarterly Review 121

2010

R George, 'Responsible Parents and Parental Responsibility, edited by Rebecca Probert, Stephen Gilmore and Jonathan Herring' (2010) 24 The International Journal of Law, Policy and the Family 118

2009

R George, 'Child Abuse: Law and Policy Across Boundaries, by Laura Hoyano and Caroline Keenan' (2009) 23 The International Journal of Law, Policy and the Family 230

R George, 'Parenting After Partnering: Containing Conflict After Separation, edited by Mavis Maclean' (2009) 21 Child and Family Law Quarterly 122

R George, 'Responsibility, Law and the Family, edited by Jo Bridgeman, Heather Keating and Craig Lind' (2009) 72 Modern Law Review 147

2004

J M Eekelaar, 'Helen Reece, Divorcing Responsibly' (2004) 31 Journal of Law and Society 272 [...]

Review of Helen Reece, Divorcing Responsibly


Reports

2013

R George, 'Relocation Disputes in England and Wales: First Findings from the 2012 Study' (Oxford Legal Research Paper 91/2013 2013)

2009

R George and C Roberts, 'The Media and the Family Courts – Key Information and Questions About the Children, Schools and Families Bill' (University of Oxford / Nuffield Foundation 2009)

Courses

The courses we offer in this field are:

Undergraduate

FHS - Final Year (Phase III)

The degree is awarded on the basis of nine final examinations at the end of the three-year course (or four years in the case of Law with Law Studies in Europe) and (for students who began the course in October 2011 or later) an essay in Jurisprudence written over the summer vacation at the end of the second year. Note: the Jurisprudence exam at the end of the third year is correspondingly shorter. This phase of the Final Honour School includes the first and second term of the final year; the Final Examinations are taken in the third term of the final year.

Family Law

This course focuses on the legal regulation of individuals’ intimate personal and family lives. The fact that the definition of ‘family’ itself is both highly contested and much assumed offers some insight into the hotly contested nature of much of Family Law.

Studying Family Law often involves taking a legal concept or underpinning idea with which most have some familiarity from daily life, such as marriage, divorce, parenthood, or children’s rights, and then exploring exactly how the law regulates that subject and why. Key issues are examined within their historical, social, economic, and theoretical context. For example, what is the purpose of the consanguinity restrictions on marriage and should those have been extended to civil partnership? What does it mean to say a child is a rights-holder? If we cannot offer a coherent account, is there no such thing as ‘children’s rights’? Why do so many people believe the ‘common law marriage myth’? Should the courts and Parliament care that these people think that legal benefits and obligations exist when they do not? The syllabus lists the precise topics covered.

Our focus is on the substantive law, though an awareness of the family justice system in practice adds an important additional perspective to key debates. We currently examine through essay questions only so as to enable students the opportunity to devote sufficient attention to the interplay between law and the larger social and policy issues that are critical to an in-depth understanding of the Family Law field.

Family law is inter-disciplinary in terms of the range of materials students are expected to read and the nature of the arguments and debates with which students are expected to engage. This includes working with social science research, government publications, and non-government public and social policy materials. Family law involves an examination of statutory law, which is more extensive than in many other subjects.

Property law and trusts law are relevant to discussing the legal position of relationships outside of marriage and civil partnership. Students may find the background from having studied these as part of their core Land Law and Trusts courses useful, though the Family Law perspective is distinctive. Underlying conceptual ideas and a little substantive detail covered in Contract Law are also relevant to private ordering and adult intimate relationships more generally. Discussion of contentious issues in parenthood and disputes over who should raise and see children when interested adults do not live together (residence and contact disputes) includes children born as a result of fertility treatment, which is discussed from a different perspective as part of the Medical Law and Ethics course. The child’s capacity to make medical treatment decisions also features as part of both courses; in Family Law, it is one aspect of a larger discussion of children’s rights and children’s involvement in decision-making affecting them in a number of contexts. Examination of the legal approach to child protection includes limited discussion of public authority liability in negligence, as explored in Tort Law.

Diploma in Legal Studies

Family Law

This course focuses on the legal regulation of individuals’ intimate personal and family lives. The fact that the definition of ‘family’ itself is both highly contested and much assumed offers some insight into the hotly contested nature of much of Family Law.

Studying Family Law often involves taking a legal concept or underpinning idea with which most have some familiarity from daily life, such as marriage, divorce, parenthood, or children’s rights, and then exploring exactly how the law regulates that subject and why. Key issues are examined within their historical, social, economic, and theoretical context. For example, what is the purpose of the consanguinity restrictions on marriage and should those have been extended to civil partnership? What does it mean to say a child is a rights-holder? If we cannot offer a coherent account, is there no such thing as ‘children’s rights’? Why do so many people believe the ‘common law marriage myth’? Should the courts and Parliament care that these people think that legal benefits and obligations exist when they do not? The syllabus lists the precise topics covered.

Our focus is on the substantive law, though an awareness of the family justice system in practice adds an important additional perspective to key debates. We currently examine through essay questions only so as to enable students the opportunity to devote sufficient attention to the interplay between law and the larger social and policy issues that are critical to an in-depth understanding of the Family Law field.

Family law is inter-disciplinary in terms of the range of materials students are expected to read and the nature of the arguments and debates with which students are expected to engage. This includes working with social science research, government publications, and non-government public and social policy materials. Family law involves an examination of statutory law, which is more extensive than in many other subjects.

Property law and trusts law are relevant to discussing the legal position of relationships outside of marriage and civil partnership. Students may find the background from having studied these as part of their core Land Law and Trusts courses useful, though the Family Law perspective is distinctive. Underlying conceptual ideas and a little substantive detail covered in Contract Law are also relevant to private ordering and adult intimate relationships more generally. Discussion of contentious issues in parenthood and disputes over who should raise and see children when interested adults do not live together (residence and contact disputes) includes children born as a result of fertility treatment, which is discussed from a different perspective as part of the Medical Law and Ethics course. The child’s capacity to make medical treatment decisions also features as part of both courses; in Family Law, it is one aspect of a larger discussion of children’s rights and children’s involvement in decision-making affecting them in a number of contexts. Examination of the legal approach to child protection includes limited discussion of public authority liability in negligence, as explored in Tort Law.

Postgraduate

MJur

Our taught postgraduate programme, designed to serve outstanding law students from civil law backgrounds.

Family Law (also part of the BA course)

This course focuses on the legal regulation of individuals’ intimate personal and family lives. The fact that the definition of ‘family’ itself is both highly contested and much assumed offers some insight into the hotly contested nature of much of Family Law.

Studying Family Law often involves taking a legal concept or underpinning idea with which most have some familiarity from daily life, such as marriage, divorce, parenthood, or children’s rights, and then exploring exactly how the law regulates that subject and why. Key issues are examined within their historical, social, economic, and theoretical context. For example, what is the purpose of the consanguinity restrictions on marriage and should those have been extended to civil partnership? What does it mean to say a child is a rights-holder? If we cannot offer a coherent account, is there no such thing as ‘children’s rights’? Why do so many people believe the ‘common law marriage myth’? Should the courts and Parliament care that these people think that legal benefits and obligations exist when they do not? The syllabus lists the precise topics covered.

Our focus is on the substantive law, though an awareness of the family justice system in practice adds an important additional perspective to key debates. We currently examine through essay questions only so as to enable students the opportunity to devote sufficient attention to the interplay between law and the larger social and policy issues that are critical to an in-depth understanding of the Family Law field.

Family law is inter-disciplinary in terms of the range of materials students are expected to read and the nature of the arguments and debates with which students are expected to engage. This includes working with social science research, government publications, and non-government public and social policy materials. Family law involves an examination of statutory law, which is more extensive than in many other subjects.

Property law and trusts law are relevant to discussing the legal position of relationships outside of marriage and civil partnership. Students may find the background from having studied these as part of their core Land Law and Trusts courses useful, though the Family Law perspective is distinctive. Underlying conceptual ideas and a little substantive detail covered in Contract Law are also relevant to private ordering and adult intimate relationships more generally. Discussion of contentious issues in parenthood and disputes over who should raise and see children when interested adults do not live together (residence and contact disputes) includes children born as a result of fertility treatment, which is discussed from a different perspective as part of the Medical Law and Ethics course. The child’s capacity to make medical treatment decisions also features as part of both courses; in Family Law, it is one aspect of a larger discussion of children’s rights and children’s involvement in decision-making affecting them in a number of contexts. Examination of the legal approach to child protection includes limited discussion of public authority liability in negligence, as explored in Tort Law.


People

Family Law teaching is organized by a Subject Group convened by:

Lucinda Ferguson: Associate Professor of Family Law

in conjunction with:

Jonathan Herring: Professor of Law
Rachel Taylor: Associate Professor of Law

Also working in this field, but not involved in its teaching programme:

Stephen Cretney: Retired. Formerly Senior Research Fellow at All Souls
Ruth Deech: Chairman, Bar Standards Board, 2009-
Crossbench Peer
John Eekelaar: Retired. Formerly Co-Director, Oxford Centre for Family Law and Policy (OXFLAP)
Clara Feliciati: DPhil Law student
Rob George: British Academy Postdoctoral Fellow
Mavis Maclean: Senior Research Fellow, Department of Social Policy
Richard Tur: Retired. Formerly CUF Lecturer


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