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Cretney's Family Law
By
Rebecca Probert
Description
* Cuts through the
black letter law to provide students with guidance on all the major
themes and principles of family law
* Covers both
formal and informal relationships
* Sets issues in
their social and historical context showing students how the law has
developed and ensuring they have an understanding of the socio-legal
side
* The structure of
the text mirrors a generic modular format making it easier for
students to use
* The text is
supported by cases, references and explanatory narrative
* Paragraph
numbered to ease navigation and references
* Covers the
wide-ranging changes made by the Civil Partnership Act 2004
* Includes all
other key legislative developments including those resulting from the
Gender Recognition Act 2004, Domestic Violence, Crimes and Victims
Act 2004, and The Children Act 2004
* Includes
coverage of all significant case developments including Ghaidan v
Godin-Mendoza, Miller v Miller, McFarlane v McFarlane, Oxley v
Hiscock, Cox v Jones, Churchill v Roach and Gully v Dix
Reviews
I have no doubt
that students, social workers and those setting out in any family law
discipline would do well to read it. - New Law Journal
\" Cretney
aims to be \"essential\" reading for undergraduate law
courses and other courses with a legal element. It is precisely
because it is crafted in a manner which conveys the core information
in a clear, elegant style that this claim is justifiedÓ Dr.
Cretney appears to have found in Ms Probert, a very safe pair of
hands for his baby!\" - The Law Teacher Vol 38, #2, 2004
Contents
* Introduction - The family and the
law
- Defining the
family and \\\'family law\\\'
- Demographic and
social change
- International
influences upon family law
Part 1: Formal relationships - entry
and exit
- Is there a right
to marry?
- Civil
partnerships and same-sex marriage
- Choice
* Formation of marriage and civil
partnership
- Formalities for
marriage and civil partnership
- Failure to
comply with the required formalities
- Presumptions
- Reform
* Annulling a marriage or civil
partnership
- Void marriages
and civil partnerships
- Voidable
marriages and civil partnerships
- Bars to the
grant of a nullity decree
- Effects of a
decree
- Do we need the
law of nullity?
* Exits: divorce and dissolution
- Evolution of the
law
- The grounds for
divorce and dissolution
- Reform?
- An alternative:
Judicial separation
- Religious
divorces
Part 2: Families - formal and
informal
- The relevance of
marriage and civil partnerships
- The rights of
cohabitants
- Parenthood
* Ownership of family assets
- Formal
requirements
- Resulting or
constructive trust
- Estoppel
- Claims based on
contract
- Claims based on
statute
- Rights against
third parties
- Ownership of
personal property
* Protection from violence and
harassment
- Protection of
\\\'associated persons\\\' under the Family Law Act 1996
- Remedies under
the general law
- Civil or
criminal?
* Family maintenance
- The role of the
state
- Maintenance for
children
- Maintenance for
spouses
* Dealing with assets on
relationship breakdown
- Orders the court
can make on divorce or dissolution
- The exercise of
the court\\\'s discretion
- Private ordering
and its limits
- Reconsidering
financial arrangements
- Cohabitants\\\'
assets and relationship breakdown
* Rights on death
- Wills
- Division of the
estate upon intestacy
- Challenging the
distribution of the estate
- The family home
Part 3: Children,
the family and the law
- The family as a
private unit
- The family and
the State
- The legal
structure for determining issues about children\\\'s upbringing
- The scope of the
Children Act 1989
* Legal parentage
- Establishing
parentage
- Human assisted
reproduction
- Surrogacy
- The child\\\'s
right to know about his or her origins
* Parental responsibility and
children\\\'s rights
- The concept and
content of parental responsibility
- Who is entitled
to exercise parental responsibility?
- Parental
responsibility and children\\\'s rights
* The court\\\'s powers to make orders
dealing with children\\\'s upbringing: the private law
- Are there family
proceedings before the court?
- Private law
orders under the Children Act
- Ancillary orders
- Family
proceedings under the inherent jurisdiction
- Removal from the
jurisdiction
* Court orders dealing with
children\\\'s upbringing: the state\\\'s role
- Local
authority\\\'s powers and duties to provide services for children
- Protective
measures: care and supervision orders
- Emergency
protection and interim orders
- The problem
child
- The nature of
care proceedings
- Children looked
after by a local authority
- Remedies
available where a local authority has failed
* Should the court make an order?
The welfare principle
- The fundamental
principle: child\\\'s welfare paramount
- The welfare
checklist
- Specific
provisions
- The welfare
principle and human rights
* Adoption
- The concept of
adoption
- Eligibility to
adopt and be adopted
- The role of
local authorities
- The adoption
process
- Inter-country
adoptions
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