영문목차

Abbreviations=xvi

Table of cases=xvii

Table of statutes=xxxiv

Table of statutory instruments=xli

1. Introduction to family law=1

What is family law?=1

Legal rights and obligations or freedom of contract?=1

Changing definitions of family=2

Changing concerns of family law=6

Organization of the text=8

FURTHER READING=8

SELF-TEST QUESTIONS=10

2. State intervention in personal relationships=11

Form v function=11

A dual approach=12

Relationships exempt from legal intervention=14

Definitions and formation of relationships=16

Informal marriage=27

Civil partners=30

Formalities of civil partnership=35

Cohabitation=36

FURTHER READING=38

SELF-TEST QUESTIONS=40

3. Nullity and its consequences=42

Nullity : an important concept=42

Void or voidable relationships=43

Void relationships=44

Voidable relationships=51

Bars to relief where a marriage is voidable=61

Grounds on which a civil partnership will be voidable=62

Bars to relief where a civil partnership is voidable=63

Consequences of nullity for married couples and civil partners=63

Religious decrees of nullity=65

FURTHER READING=65

SELF-TEST QUESTIONS=66

4. Acquisition and protection of rights in the family home=68

The family home : an overview=68

Problems of home ownership=69

The Law Commission proposals=70

Sharing the family home : a hotchpotch of trust law=71

Proprietary estoppel=84

Matrimonial Proceedings and Property Act 1970, s 37=90

Civil Partnership Act 2004, s 65=90

The Law Reform (Miscellaneous Provisions) Act 1970, ss 2, 3 Civil Partnership Act 2004, s 74(5)=90

Implied contracts=91

Family Law Act 1996, Part IV=93

Bankruptcy=95

FURTHER READING=97

SELF-TEST QUESTIONS=98

5. Domestic violence=100

The family home : haven or house of horror=100

Meaning of domestic violence=101

Incidence of domestic violence=103

Consequences of domestic violence=104

Causes of domestic violence=104

Criminal remedies for domestic violence=105

Civil remedies for domestic violence=109

Injunctions in other civil proceedings=117

Domestic violence and human rights=117

Asylum and domestic violence=118

Forced marriage and domestic violence=118

Legal aid and domestic violence=125

The way forward=125

FURTHER READING=126

SELF-TEST QUESTIONS=128

6. Ending relationships=130

Divorce=130

The requirements for divorce=134

The sole ground for divorce=136

Reconciliation=148

Consequences of divorce=148

Critique of current law=148

Reform=149

Judicial separation=150

Civil partnerships=150

Divorce in the religious courts=151

FURTHER READING=152

SELF-TEST QUESTIONS=153

7. Financial consequences of relationships=155

PART I. OWNERSHIP OF PERSONAL PROPERTY AND RIGHTS TO MAINTENANCE DURING THE RELATIONSHIP=155

Personal property=155

Rights to maintenance during the relationship=159

PART II. FINANCIAL CONSEQUENCES OF ENDING THE RELATIONSHIP=163

A general overview=163

Orders available to the court=165

The exercise of the court's discretion : the statutory guidelines (MCA 1973, s 25 ; CPA 2004, Sch 5, s 21)=173

The guidelines=180

Relationship agreements=190

Cohabitants=198

Fiancées and prospective civil partners=201

FURTHER READING=202

SELF-TEST QUESTIONS=205

8. Death and its consequences=207

Presumption of death=207

Funeral arrangements=210

Testate succession=212

Intestate succession : Administration of Estates Act 1925, s 46=213

The Inheritance (Provision for Family and Dependants) Act 1975=216

Fatal Accidents Act 1976=228

Family life after death=231

Reform=232

FURTHER READING=232

SELF-TEST QUESTIONS=233

9. Parents and family : rights and responsibilities=235

Who is a parent in fact?=236

The social reality of parenting=242

Who is a legal parent? The current law=253

Historical legacy : paternal rights to parental responsibilities=265

Demise of paternal authority=268

The claims of culture, faith, and family=272

Family rights : Art 8 'family life' held in the balance=274

FURTHER READING=276

SELF-TEST QUESTIONS=277

10. Adoption=279

History of UK adoption=279

Who adopts today?=282

Adoption services=289

Overseas adoptions=290

Domestic adoptions : who can be adopted and who can adopt?=293

Getting the perfect match : matching parents to children and children to parents=296

Court orders=300

Human rights : adoption and the family=307

Welfare test in adoption : family human rights=310

Debate=310

Human rights and former family : identity, discovery, and information=313

FURTHER READING=316

SELF-TEST QUESTIONS=317

11. Adolescent rights : autonomy and participation=319

Rights of the child : general principles and sources of law=319

Three ages and stages of rights=322

Adolescent autonomy : the law=327

The 'Gillick competence' precept=328

Principle or consequence?=334

Interpreting 'Gillick competence' : only a right to refuse consent?=334

Medical consent and a finding of incompetence=340

Raising the bar for adolescents=347

Competency in medical matters=347

Competency in family proceedings=355

Judicial activism=356

Conclusion=359

FURTHER READING=360

SELF-TEST QUESTIONS=362

12. Children's welfare and private disputes=363

When parents fall out=363

Partnership principle=366

The overarching principle in deciding child matters=368

Court orders=368

Welfare checklist : six factors=370

'No order' principle (CA 1989, s 1(5))=382

Residence under the Children Act 1989=382

Contact order=384

Specific issue order=394

Prohibited steps order=396

Managing residence where parties are in different domiciles=399

Factors relevant to decisions on international relocation=401

International child abduction=404

FURTHER READING=411

SELF-TEST QUESTIONS=413

13. In the child's best interests : the jurisdiction of wardship=415

Defining wardship=415

The jurisdiction of wardship=417

Wardship and the Children Act 1989=418

Test to be applied in wardship=424

What kind of cases invoke wardship?=425

Warding orphans=435

Wardship and medical intervention=435

Life and death matters=436

Human rights and treatment=444

Reform=445

FURTHER READING=446

SELF-TEST QUESTIONS=447

14. Child protection : the public law procedure=448

What is child abuse?=448

Abuse=452

The law=456

Significant harm=456

The investigative process=457

Orders during the preliminary stage=464

Evidential questions=471

Family rights issues and the childcare process=479

FURTHER READING=481

SELF-TEST QUESTIONS=481

15. Protecting children from 'significant harm' : constructing the law=483

Section 31 : threshold finding of 'significant harm'=483

What does 'significant harms' 31(10) mean?=486

Finding for which type of harm=499

The leading case of Re H and R (1995) on 'likely to suffer'=499

Sexual abuse : standard of proof―Re B (2008)=504

Where are we now? Forwards and backwards=506

Disposal : making a care or supervision order=513

Child protection and public authority liability=516

Human rights and care proceedings=520

FURTHER READING=520

SELF-TEST QUESTIONS=521

16. Financial provision for children=523

Child support obligation : sources of law=524

The background to the Child Support Act 1991=524

The purpose of the Child Support Act 1991=528

The Child Support Agency : Child Support Act 1991 and maintenance assessment=532

Reform and the Child Maintenance and Other Payments Act 2008=535

Private provision and the courts' powers=544

The private arena of child support=544

Matrimonial Causes Act 1973, ss 23-25=545

Child maintenance and the wealthy : needs and entitlements=550

Human rights and child support under the 1991 Act=551

Challenges=552

FURTHER READING=554

SELF-TEST QUESTIONS=555

Index=557