Family Law

The Future of Child and Family Law International Predictions

By Elaine E. Sutherland
Cambridge University Press August 2012

Specifications

ISBN-13
9781107006805
Publisher
Cambridge University Press
Publication
August 2012
Format
Hardback , 496 pages
Jurisdiction
International ? Countri(es) for reference only

Details

Child and family law tells us much about how a society operates, since it touches the lives of everyone living in that society. In this volume, a variety of experts examine child and family law in thirteen countries – Australia, Canada, China, India, Israel, Malaysia, The Netherlands, New Zealand, Norway, Russia, Scotland, South Africa and the United States. Each chapter identifies the imperatives and influences that have prevailed to date and offers informed predictions of how it will develop in the years to come. A common chapter structure facilitates comparison of the jurisdictions and, in the introduction, the editor highlights common trends and salient differences. The Future of Child and Family Law therefore provides practitioners, academics and policy-makers with access not just to an overview of child and family law in a range of countries around the world, but also to insights into what has shaped it and options for reform.

• 'Insiders' explain the law, set it in its domestic context and offer insights into how it operates in practice

• Country-specific chapters address why the law takes its current approach and how it is likely to develop, thereby providing insights into fresh solutions to common problems

• Common format between chapters assist readers in comparing the approaches taken in various jurisdictions

• Opening chapter highlights where jurisdictions converge and diverge and sets them in the context of the current debates and literature

Table of Contents

Notes on contributors
ix
Preface
xv
1     Imperatives and challenges in child and family law: commonalities and disparities
Elaine E. Sutherland
1
2     Australia: the certain uncertainty
Frank Bates
47
3     Canada: a bold and progressive past but an unclear future
Carol Rogerson
77
4     China: bringing the law back in
Michael Palmer
112
5     India: a perspective
Anil Malhotra and Ranjit Malhotra
144
6     Israel: dynamism and schizophrenia
Rhona Schuz and Ayelet Blecher-Prigat
175
7     Malaysia: what lies ahead?
Noor Aziah Mohd Awal
205
8     The Netherlands: the growing role of the judge in child and family law
Paul Vlaardingerbroek
235
9     New Zealand: the emergence of cultural diversity
Bill Atkin
265
10    Norway: equal rights at any cost?
Tone Sverdrup
296
11    Russia: looking back, evaluating the present and glancing into the future
Olga A. Khazova
330
12    Scotland: the marriage of principle and pragmatism
Elaine E. Sutherland
363
13    South Africa: changing the contours of child and family law
Jacqueline Heaton
398
14    The United States of America: changing laws for changing families
Marygold (Margo) Shire Melli
429
Index
461

About the Author

Elaine E. Sutherland
University of Stirling and Lewis and Clark Law School, Portland, Oregon

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