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Children's Participation in Court Proceedings when Parents Divorce or Separate: Legal Constructions and Lived Experiences

E. Kay, M. Tisdall, and F. Morrison

in Law and Childhood Studies: Current Legal Issues Volume 14

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199652501
eISBN:
9780191739217
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199652501.003.0011
Subject:
Law, Family Law, Human Rights and Immigration

Children's participation generally — and children's participation in court proceedings when their parents divorce or separate specifically — has gained considerable policy and practice prominence. In ... More


New Zealand Children and Young People's Perspectives on Relocation Following Parental Separation

Megan Gollop and Nicola Taylor

in Law and Childhood Studies: Current Legal Issues Volume 14

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199652501
eISBN:
9780191739217
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199652501.003.0015
Subject:
Law, Family Law, Human Rights and Immigration

Relocation disputes following parental separation are difficult to resolve by parents and the Family Court alike. Such disputes arise when the resident parent seeks to relocate with the children and ... More


Family Courts and Gender Justice

Flavia Agnes

in Family Law Volume 2: Marriage, Divorce, and Matrimonial Litigation

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198072201
eISBN:
9780199081301
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198072201.003.0003
Subject:
Law, Family Law

This chapter discusses the procedural aspects of matrimonial law. It specifically concentrates on the several facets of the norm of informality which was introduced into matrimonial litigation ... More


The Family and the Law: Reform of the English Family Justice System Towards the End of the Twentieth Century

Stephen Cretney

in Family Law in the Twentieth Century: A History

Published in print:
2005
Published Online:
February 2010
ISBN:
9780199280919
eISBN:
9780191713170
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199280919.003.0021
Subject:
Law, Family Law, Legal History

This book is about the interaction of the law and social relationships and practices. A central part of that interaction takes place in courts of law, but concern about the ineffectiveness of the law ... More


Family Law Volume 2: Marriage, Divorce, and Matrimonial Litigation

Flavia Agnes

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198072201
eISBN:
9780199081301
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198072201.001.0001
Subject:
Law, Family Law

This book fills the void within the rubric of a contemporary and evolving discipline, ‘gender and law’, which is interdisciplinary in its approach. In this context, it specifically fills the gap ... More


Reconciliation and Mediation in Court

Nadia Sonneveld

in Khul' Divorce in Egypt: Public Debates, Judicial Practices, and Everyday Life

Published in print:
2012
Published Online:
September 2012
ISBN:
9789774164842
eISBN:
9781617971082
Item type:
chapter
Publisher:
American University in Cairo Press
DOI:
10.5743/cairo/9789774164842.003.0006
Subject:
Society and Culture, Middle Eastern Studies

The issue of court-provided reconciliation is discussed. It assesses whether the new family court system offers more 'dialogue' between judges and women litigants and affects judges' perception of ... More


Khul' Divorce in Egypt: Public Debates, Judicial Practices, and Everyday Life

Nadia Sonneveld

Published in print:
2012
Published Online:
September 2012
ISBN:
9789774164842
eISBN:
9781617971082
Item type:
book
Publisher:
American University in Cairo Press
DOI:
10.5743/cairo/9789774164842.001.0001
Subject:
Society and Culture, Middle Eastern Studies

At the beginning of the twenty-first century, Egyptian women gained the unique right to divorce their husbands unilaterally through a procedure called khul'. This has been a controversial ... More


Expanded Courts with Diminished Legal Norms

Jane C. Murphy and Jana B. Singer

in Divorced from Reality: Rethinking Family Dispute Resolution

Published in print:
2015
Published Online:
March 2016
ISBN:
9780814708934
eISBN:
9780814708941
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814708934.003.0004
Subject:
Law, Family Law

This chapter explores a contradiction in the new paradigm of family dispute resolution. The new paradigm expands the vision and role of family courts at the same time that it reduces the primacy and ... More


3 Expanded Courts with Diminished Legal Norms

Jane C. Murphy and Jana B. Singer

in Divorced from Reality: Rethinking Family Dispute Resolution

Published in print:
2015
Published Online:
March 2016
ISBN:
9780814708934
eISBN:
9780814708941
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814708934.003.0004
Subject:
Law, Family Law

This chapter explores a contradiction in the new paradigm of family dispute resolution. The new paradigm expands the vision and role of family courts at the same time that it reduces the primacy and ... More


From Gladiators and Umpires to Problem-Solvers and Managers

Jane C. Murphy and Jana B. Singer

in Divorced from Reality: Rethinking Family Dispute Resolution

Published in print:
2015
Published Online:
March 2016
ISBN:
9780814708934
eISBN:
9780814708941
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814708934.003.0006
Subject:
Law, Family Law

This chapter examines the changing roles of lawyers and judges in the new family court system and the implications of these new and expanded roles for families and family dispute resolution. While ... More


5 From Gladiators and Umpires to Problem-Solvers and Managers

Jane C. Murphy and Jana B. Singer

in Divorced from Reality: Rethinking Family Dispute Resolution

Published in print:
2015
Published Online:
March 2016
ISBN:
9780814708934
eISBN:
9780814708941
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814708934.003.0006
Subject:
Law, Family Law

This chapter examines the changing roles of lawyers and judges in the new family court system and the implications of these new and expanded roles for families and family dispute resolution. While ... More


Managing Contradictions

Carla J. Barrett

in Courting Kids: Inside an Experimental Youth Court

Published in print:
2012
Published Online:
March 2016
ISBN:
9780814709467
eISBN:
9780814760048
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814709467.003.0006
Subject:
Sociology, Law, Crime and Deviance

This chapter highlights how the Manhattan Youth Part managed the most basic tension at work in the practice of trying youths as adults—that, regardless of their statutorily designated “adult” status, ... More


Removing children from their families due to child protection in Germany

Monika Haug and Theresia Höynck

in Child Welfare Removals by the State: A Cross-Country Analysis of Decision-Making Systems

Published in print:
2016
Published Online:
October 2016
ISBN:
9780190459567
eISBN:
9780190459581
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190459567.003.0005
Subject:
Social Work, Children and Families

This chapter describes state actions to remove children from their families in the context of child protection in Germany. It does so from a legal perspective, with a special focus on family court ... More


New York’s Child Welfare System before the Reforms

David Tobis

in From Pariahs to Partners: How parents and their allies changed New York City's child welfare system

Published in print:
2013
Published Online:
May 2013
ISBN:
9780195099881
eISBN:
9780199344772
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195099881.003.0001
Subject:
Social Work, Children and Families

Chapter 1 describes the child welfare playing field in New York City, and although some of the story takes place in the shadow of both the new and the old Yankee Stadium, even the Bronx Bombers ... More


Juvenile Justice in Poland

Barbara Stańdo-Kawecka

in Juvenile Justice in Global Perspective

Published in print:
2015
Published Online:
March 2016
ISBN:
9781479826537
eISBN:
9781479838004
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479826537.003.0007
Subject:
Sociology, Law, Crime and Deviance

This chapter provides an extensive history of juvenile justice in Poland and traces the apparent impact of the country's transition from socialist satellite that happened in 1989. The juvenile ... More


Women and Family Court: Abuse and Contested Custody

Julie R. Ancis

in Gender, Psychology, and Justice: The Mental Health of Women and Girls in the Legal System

Published in print:
2017
Published Online:
January 2018
ISBN:
9781479819850
eISBN:
9781479846658
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479819850.003.0002
Subject:
Political Science, Public Policy

This chapter describes women litigants’ experiences in family court and the ways in which power and control during the marriage are perpetuated in the legal arena during divorce and custody disputes. ... More


Questioning Secularism: Islam, Sovereignty, and the Rule of Law in Modern Egypt

Hussein Ali Agrama

Published in print:
2012
Published Online:
January 2014
ISBN:
9780226010687
eISBN:
9780226010700
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226010700.001.0001
Subject:
Anthropology, Anthropology, Religion

The central question of the Arab Spring—what democracies should look like in the deeply religious countries of the Middle East—has developed into a vigorous debate over these nations' secular ... More


Children’s Participation in Israeli Family Courts: An Account of an Ongoing Learning Process

Tamar Morag and Yoa Sorek

in International Perspectives and Empirical Findings on Child Participation: From Social Exclusion to Child-Inclusive Policies

Published in print:
2015
Published Online:
August 2016
ISBN:
9780199366989
eISBN:
9780190625238
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199366989.003.0008
Subject:
Social Work, Children and Families, Social Policy

The article presents a model of children’s participation in proceedings conducted in family courts, which was implemented in a pilot project in Israel. The article presents an ongoing process of ... More


The Silent Struggle for Same-Sex Parental Rights

Alison L. Gash

in Below the Radar: How Silence Can Save Civil Rights

Published in print:
2015
Published Online:
March 2015
ISBN:
9780190201159
eISBN:
9780190235550
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190201159.003.0004
Subject:
Political Science, American Politics

In sharp contrast to the fight for same-sex marriage, same-sex parenting litigation occurred with very little discussion by pundits or opponents. Beginning in the mid-1980s and continuing today, ... More


Diagnosis and dialogue

Carolus van Nijnatten

in Children's agency, children's welfare: A dialogical approach to child development, policy and practice

Published in print:
2010
Published Online:
March 2012
ISBN:
9781847424891
eISBN:
9781447301837
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781847424891.003.0006
Subject:
Social Work, Children and Families

This chapter provides an assessment of interaction between a public institution and the private life of citizens. Child welfare intervention is the legal confirmation of discontinuity within the ... More


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