Law Family Law

International Perspectives on Disputes about Children and Child Protection Collected Essays on Parental Responsibility and Children’s Dispute Resolution (Vol.1)

Edited by Katherine Lynch · Anne Scully-Hill
Chinese University Press November 2015

Specifications

ISBN-13
9789629967734
Publisher
Chinese University Press
Publication
November 2015
Format
Paperback , 248 pages
Jurisdiction
International ? Countri(es) for reference only

Details

The essays in Volume 1 focus on the substantive law relating to the child-parent relationship in terms of custody and access and on procedural frameworks adopted around the world to resolve disputes arising between parents in relation to their children. The first group of essays offers a comparative analysis of the paradigm shift occurring in post-divorce child law away from notions of custody, care and control to that based on “parental responsibility” in diverse jurisdictions such as England, Hong Kong, New Zealand, China and Europe. In the second section, essays focus on the procedural framework within which disputes relating to parenting and care of children post-divorce may be resolved, with particular focus on the development of specialized children’s dispute resolution procedures in various jurisdictions. The final essays highlight the progressive work of the Hong Kong Judiciary in introducing many procedural reforms in family law and children’s dispute resolution (with many involving a greater use of ADR processes), but also lament the lack of legislative reform in family justice. Volume 1 concludes by focusing on the need for greater empirical research and collection of data to allow for better evidence-based and informed policy making in family justice and child law reform in Hong Kong.

About the Author

Anne Scully-Hill, Associate Professor, Faculty of Law, Chinese University of Hong Kong; The Hon. Mr. Justice Andrew Moylan, England and Wales High Court, Family Division; The Hon. Mr. Justice Peter Boshier, Principal Family Court Judge Judge He XiaoYi, Civil Division, Zhuhai Intermediate People’s Court, Guangdong Province, China; Professor Linda J. Silberman, Martin Lipton Professor of Law, New York University School of Law; Professor Patrick Parkinson, Professor of Law, University of Sydney; Professor M. Jerry McHale, QC, Law Chair in Law and Public Policy, University of Victoria, Canada; Professor Mark Henaghan, Dean, Faculty of Law, University of Otago; Ruth Ballantyne, Professional Practice Fellow, Faculty of Law, University of Otago; The Rt. Hon. Lord Justice Thorpe, Head of International Family Justice for England and Wales; Philip Marcus, Judge (retired) of the Jerusalem Family Court; Katherine Lynch, Associate Professor, Faculty of Law, University of Hong Kong; Her Honour Judge Sharon D. Melloy, Family Court, Hong Kong.

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