Family Law and the Indissolubility of Parenthood

Family Law and the Indissolubility of Parenthood

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Patrick Parkinson
Cambridge University Press, 4/28/2011
EAN 9780521116107, ISBN10: 0521116104

Hardcover, 302 pages, 22.9 x 15.2 x 1.7 cm
Language: English

There are few areas of public policy in the Western world where there is as much turbulence as in family law. Often the disputes are seen in terms of an endless war between the genders. Reviewing developments over the last 30 years in North America, Europe and Australasia, Patrick Parkinson argues that, rather than just being about gender, the conflicts in family law derive from the breakdown of the model on which divorce reform was predicated in the late 1960s and early 1970s. Experience has shown that although marriage may be freely dissoluble, parenthood is not. Dealing with the most difficult issues in family law, this book charts a path for law reform that recognizes that the family endures despite the separation of parents, while allowing room for people to make a fresh start and prioritizing the safety of all concerned when making decisions about parenting after separation.

Part I. Family Law and the Meaning of Divorce
1. Family law and the issue of gender conflict
2. The divorce revolution and the process of allocation
Part II. Parenthood in the Enduring Family
3. Redefining parenthood after separation
4. Reasons for the demise of sole custody
5. Shared parenting
the new frontier
Part III. Parents Forever? Issues about Post-Separation Parenting
6. Violence, abuse and post-separation parenting
7. Relocation
Part IV. The Family Law System and the Indissolubility of Parenthood
8. Dispute resolution for the enduring family
9. Adjudication for the enduring family
Part V. Financial Transfers in the Enduring Family
10. Child support and the obligations of parenthood
11. Spousal support and the feminization of poverty
Part VI. The Future of Family Law
12. Between two conflicting views of divorce.

'Must reading for anyone interested in family law and policy. Professor Parkinson offers a comprehensive and compelling cross-national analysis of legislative efforts to recognize the indissolubility of parenthood and to foster the parent-child tie after family separation.' Marsha Garrison, Secretary-General of the International Society of Family Law