Family Law 2020 a Practical Cross-Border Insight Into Family Law
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Principles of U.S. Family Law Vivian E
College of William & Mary Law School William & Mary Law School Scholarship Repository Faculty Publications Faculty and Deans 2006 Principles of U.S. Family Law Vivian E. Hamilton William & Mary Law School, [email protected] Repository Citation Hamilton, Vivian E., "Principles of U.S. Family Law" (2006). Faculty Publications. 184. https://scholarship.law.wm.edu/facpubs/184 Copyright c 2006 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/facpubs ARTICLE PRINCIPLES OF U.S. FAMILY LAW Vivian Hamilton* What explains US. family law? What are the orzgms of the current chaos and controversy in the field, the home of some of the most vituperative debates in public policy? To answer these questions, this Article identifies and examines family law's foundational principles. It undertakes a conceptual analysis ofthe legal practices that govern families. This analysis has yet to be done, and its absence hamstrings constructive thought on our family law. The Article develops a typology that conceptualizes US. family law and exposes its underlying principles. First, it identifies the significant elements, or rules, of family law. Second, it demonstrates that these rules reflect or embody four important concepts conjugality, privacy (familial as well as individual), contract, and parens patriae. Third, it shows that the concepts offamily law in turn embody two distinct underlying principles-Biblical traditionalism and liberal individualism. From these powerful principles, we can derive modern U.S. family law: They explain what our family law is. With this deepened understanding offamily law's structure, the Article next evaluates these principles, and family law as the expression ofthem. -
Matrimonial Property Regimes and the Use of Applicable Law in Family Matters: an English Perspective
Bar Council of England and Ave des Nerviens 85 Wales B-1040 Brussels Brussels Office Belgium QuickTime™ and a TIFF (LZW) decompressor Tel: 02/230 48 10 are needed to see this picture. Fax: 02/230 45 96 e-mail: evanna.fruithof@ barcouncil.be FORUM ON JUDICIAL COOPERATION IN CIVIL MATTERS Brussels, 2 December 2008 Session IV Family Law and the Law of Succession The Bar Council of England and Wales welcomes the excellent initiative of the French Presidency of the Council of the EU and the European Parliament to hold this timely, high-level Workshop on Judicial Cooperation in Civil Matters. We are delighted to be given this opportunity to contribute to the debate, and have chosen to focus this paper on certain matters arising in Session IV of the agenda, namely matrimonial property regimes (Part I of this paper) and succession (Part II). The Bar Council is committed to an active contribution to the full range of important topics covered by this ambitious programme. Part I MATRIMONIAL PROPERTY REGIMES AND THE USE OF APPLICABLE LAW IN FAMILY MATTERS: AN ENGLISH PERSPECTIVE Introduction 1. In July 2006 the European Commission promulgated two documents:- a. The Proposal for a Council Regulation amending Regulation (EC) No 2201/2003 as Regards Jurisdiction and Introducing Rules Concerning Applicable Law in Matrimonial Matters (“the Rome III proposal”); and b. A Green Paper on Conflict of Laws in Matters Concerning Matrimonial Property Regimes Including the Question of Jurisdiction and Mutual Recognition (“the Green Paper”). 2. The Bar Council of England and Wales responded negatively to both. -
The Legal Regime Governing the Economic Situation of Married Women in Iran. a Dialogical View from Quebec Fateme Zeynodini Supe
The Legal Regime Governing the Economic Situation of Married Women in Iran. A Dialogical View from Quebec Fateme Zeynodini Supervisor : Prof. Jean-François Gaudreault-DesBiens Faculty of Law University of Montreal 2019 Table of Contents : ACKNOWLEDGMENT ................................................................................................ 10 INTRODUCTION .......................................................................................................... 11 ABSTRACT ................................................................................................................................. 11 MAIN QUESTIONS AND STRUCTURE OF THE RESEARCH ....................................................................... 16 PROBLEM STATEMENT ................................................................................................................. 17 THEORETICAL FRAMEWORK AND METHODOLOGY ............................................................................. 20 RESEARCH LIMITATIONS AND FEATURES .......................................................................................... 22 PART I: INTRODUCTION TO IRAN’S LEGAL SYSTEM AND ITS MATRIMONIAL REGIME ........................................................................................................................ 26 1 CHAPTER ONE: IRAN’S LEGAL SYSTEM AND THE DIFFERENT SOURCES OF IRANIAN LAW ......................... 27 1.1. History ..................................................................................................................... 27 1.1.1 -
Civil Partnership in Scotland 2004 – 2014, and Beyond
1 Civil Partnership in Scotland 2004 – 2014, and Beyond Kenneth McK. Norrie, Professor of Law, University of Strathclyde Introduction Exactly ten years separates the passing by the UK Parliament of the Civil Partnership Act 2004, which brought civil partnership to Scotland, and the passing by the Scottish Parliament of the Marriage and Civil Partnership (Scotland) Act 2014, which opened marriage to same-sex couples in Scotland; exactly fifteen years separates the (re)establishment of the Scottish Parliament in 1999 and the Independence Referendum in 2014. The political judgment made in 1999 that devolution would kill the aspiration to independence stone dead has proved as misconceived as the political judgment in 2004 that civil partnership would satisfy any demand for same-sex marriage. The new political structures within the United Kingdom established by devolution rendered it inevitable that the development of civil partnership would play out very differently in Scotland and in England, but the existence of two distinct legal systems, on separate developmental paths, long pre- dates devolution. Scottish family law has always been based on very different perceptions of family life from English family law and these differences reflect profound historical, social and (particularly) religious dissimilarities between the two nations. We in Scotland have no concept, for example, of parental consent to marriage, revealing a different view of both the nature of the parent-child relationship and of marriage (and avoiding the difficulties English law will face when parents refuse consent due to non-acceptance of their child’s sexual orientation). That marriage is a more secular contractual relationship in Scotland than it is in England is shown by the facts (i) that marriage contracts have always been enforceable in Scotland but are (generally speaking) unenforceable in England (Scherpe, 2012), and (ii) that divorce has been available in Scotland for three hundred years longer than in England. -
Education Materials
The Down Town Association 60 Pine Street New York, NY 10005 Co-Sponsor: American Academy of Matrimonial Lawyers – New York Chapter INTERNATIONAL FAMILY LAW APRIL 28 - 29, 2017 WAINWRIGHT ROOM FRIDAY PROGRAM 8:00 AM – 9:00 AM REGISTRATION & BREAKFAST 9:00 AM – 9:10 AM INTRODUCTION NANCY ZALUSKY BERG, MINNEAPOLIS, MINNESOTA 9:10 AM – 10:25 AM COMMON LAW, CIVIL LAW & MATRIMONIAL REGIMES WILLIAM LONGRIGG, LONDON, ENGLAND CHARLOTTE BUTRUILLE-CARDEW, PARIS, FRANCE SANDRA VERBURGT, THE HAGUE NETHERLANDS 10:25 AM – 11:40 AM INTERNATIONAL PRENUPTIAL AGREEMENTS RACHAEL KELSEY, EDINBURGH, SCOTLAND CHARLOTTE BUTRUILLE-CARDEW, PARIS, FRANCE OREN WEINBERG, TORONTO, CANADA THOMAS SASSER, WEST PALM BEACH, FLORIDA DONALD SCHUCK, NEW YORK, NEW YORK ERIC WRUBEL, NEW YORK, NEW YORK 11:40 AM – 12:00 PM DISCUSSION AND BREAK 12:00 PM – 12:50 PM INTERNATIONAL SURROGACY ISSUES AND COMPARATIVE ANALYSIS OF THE USE OF GENETIC MATERIAL THROUGHOUT THE WORLD MICHAEL STUTMAN, NEW YORK, NEW YORK NANCY ZALUSKY BERG, MINNEAPOLIS, MINNESOTA 12:50 PM – 1:00 PM DISCUSSION 1:00 PM – 2:00 PM LUNCH AT THE DOWN TOWN ASSOCIATION 2:00 PM – 3:15 PM ENFORCEMENT, DOMESTICATION AND REGISTRATION OF ORDERS AND THE TREATMENT OF ALIMONY WORLDWIDE CHARLOTTE BUTRUILLE-CARDEW, PARIS, FRANCE LAWRENCE KATZ, MIAMI, FLORIDA NICHOLAS LOBENTHAL, NEW YORK, NEW YORK WILLIAM LONGRIGG, LONDON, ENGLAND THOMAS SASSER, WEST PALM BEACH, FLORIDA 3:15 PM – 3:30 PM BREAK 3:30 PM – 4:20 PM HAGUE CONFERENCE ON PRIVATE INTERNATIONAL LAW: HOW IT WORKS AND WHAT IT DOES DANIEL KLIMOW, U.S. DEPT. OF STATE ROBERT ARENSTEIN, NEW YORK, NEW YORK WILLIAM LONGRIGG, LONDON, ENGLAND 4:20 PM – 4:30 PM DISCUSSION AND CLOSING REMARKS The AAML NY Chapter is accredited by the NYS CLE Board as a CLE provider for live presentations for the period October 2, 2014 through October 1, 2017.The total number of hours of CLE credit approved by the NYS CLE Board for this program is 6.5 hours in Areas of Professional Practice. -
The Relationship Between Correlates of Children's Adjustment and Both Family Law and Policy in England Liz Trinder
Louisiana Law Review Volume 65 | Number 4 Divorce and Child Custody Symposium Summer 2005 Measuring Up? The Relationship Between Correlates of Children's Adjustment and Both Family Law and Policy in England Liz Trinder Michael E. Lamb Repository Citation Liz Trinder and Michael E. Lamb, Measuring Up? The Relationship Between Correlates of Children's Adjustment and Both Family Law and Policy in England, 65 La. L. Rev. (2005) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol65/iss4/9 This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. Measuring Up? The Relationship Between Correlates of Children's Adjustment and Both Family Law and Policy in England Liz Trinder* Michael E. Lamb** Over the last two decades, an impressive, albeit incomplete, body of evidence has been built identifying the factors associated with children's adjustment following parental separation. At the same time, English family law and policy have changed and developed considerably for a variety of reasons. In this paper, we explore the linkages between these two developments. We consider, first, the body of evidence documenting the factors associated with adjustment and maladjustment on the part of children whose parents have separated or divorced, and second, the extent to which changing laws and policies in the United Kingdom have been guided by this literature and have helped achieve the desired outcomes for children. -
Untying the Knot: an Analysis of the English Divorce and Matrimonial Causes Court Records, 1858-1866 Danaya C
University of Florida Levin College of Law UF Law Scholarship Repository Faculty Publications Faculty Scholarship 1-1-2004 Untying the Knot: An Analysis of the English Divorce and Matrimonial Causes Court Records, 1858-1866 Danaya C. Wright University of Florida Levin College of Law, [email protected] Follow this and additional works at: http://scholarship.law.ufl.edu/facultypub Part of the Common Law Commons, Family Law Commons, and the Women Commons Recommended Citation Danaya C. Wright, Untying the Knot: An Analysis of the English Divorce and Matrimonial Causes Court Records, 1858-1866, 38 U. Rich. L. Rev. 903 (2004), available at http://scholarship.law.ufl.edu/facultypub/205 This Article is brought to you for free and open access by the Faculty Scholarship at UF Law Scholarship Repository. It has been accepted for inclusion in Faculty Publications by an authorized administrator of UF Law Scholarship Repository. For more information, please contact [email protected]. UNTYING THE KNOT: AN ANALYSIS OF THE ENGLISH DIVORCE AND MATRIMONIAL CAUSES COURT RECORDS, 1858-1866 Danaya C. Wright * I. INTRODUCTION Historians of Anglo-American family law consider 1857 as a turning point in the development of modern family law and the first big step in the breakdown of coverture' and the recognition of women's legal rights.2 In 1857, The United Kingdom Parlia- * Associate Professor of Law, University of Florida, Levin College of Law. This arti- cle is a continuation of my research into nineteenth-century English family law reform. My research at the Public Record Office was made possible by generous grants from the University of Florida, Levin College of Law. -
The Crisis of Child Custody: a History of the Birth of Family Law in England, 11 Colum
University of Florida Levin College of Law UF Law Scholarship Repository Faculty Publications Faculty Scholarship 1-1-2002 The rC isis of Child Custody: A History of the Birth of Family Law in England Danaya C. Wright University of Florida Levin College of Law, [email protected] Follow this and additional works at: http://scholarship.law.ufl.edu/facultypub Part of the Common Law Commons, Family Law Commons, and the Women Commons Recommended Citation Danaya C. Wright, The Crisis of Child Custody: A History of the Birth of Family Law in England, 11 Colum. J. Gender & L. 175 (2002), available at http://scholarship.law.ufl.edu/facultypub/219 This Article is brought to you for free and open access by the Faculty Scholarship at UF Law Scholarship Repository. It has been accepted for inclusion in Faculty Publications by an authorized administrator of UF Law Scholarship Repository. For more information, please contact [email protected]. THE CRISIS OF CHILD CUSTODY: A HISTORY OF THE BIRTH OF FAMILY LAW IN ENGLAND DANAYA C. WRIGHr Ask-may the victim of a hasty vow Ne'er seek release nor remedy? Ah no! A maiden once enclosed in nuptial ties Must wear herfetters till she sins or dies; And suffer as she may, within these bounds, No curefor sorrows and no balm for wounds. Such finished torture England'scode can boast; A formalframework, which at woman's cost, Flings a disguise o'er ruthless tyranny, And drugs men 's conscience with a special tie. 1 -Harriet Grote (1853) Associate Professor of Law at the University of Florida's Levin College of Law. -
Matrimonial Regime’ in Common Law Countries, Or How to Fit a Square Peg Into a Round Hole by Delphine Eskanazi and Inès Amar
The Impossible Existence of the Concept of ‘Matrimonial Regime’ in Common Law Countries, or How to Fit a Square Peg into a Round Hole By Delphine Eskanazi and Inès Amar The concept of matrimonial regime is fundamental to while French judges mathematically implement the rules French family law, particularly in the event of divorce. that apply to liquidating matrimonial regimes, it is different for judges in common law countries, who divide property Under European law, the concept of “matrimonial according to more subjective and discretionary criteria. regime” was defined in the De Cavel I1 decision and was also repeated verbatim in the recent European “Matrimonial In light of this reality, the real issue is the fact that the Property Regimes” Regulation2 as including “not only prop- notion of matrimonial regime is a concept that simply does erty arrangements specifically and exclusively envisaged by not exist in common law countries. certain national legal systems in the case of marriage, but also any property relationships between the spouses and in Indeed, the French practice shows that, very often, the their relations with third parties, resulting directly from the particularities of the rules of common law countries regard- matrimonial relationship, or the dissolution thereof.” ing the division of spouses’ property at the time of divorce are disregarded, since, by using a very artificial fiction, In principle, there is also a fundamental distinction attempts are made to equate these rules with those of a between matrimonial regime and spousal support. The similar matrimonial regime in French law. landmark ECJ decision, Van den Boogaard,3 effectively de- fines the two concepts according to the objective sought by French practitioners of private international family law the decision in question. -
Features of Family Dispute Resolutionunder English Law
166 ª ª ª ª ª ª ª ª ª ª ª ª ª ª ª ª ª ª ª ª ª ª Випуск 19 УДК 347.62(410) Hlyniana Kateryna Mykhailivna, PhD in Law,Associate Professorof Civil Law of National university «Odessa academy of Law» FEATURES OF FAMILY DISPUTE RESOLUTIONUNDER ENGLISH LAW The right for the family is both enshrined by the to the Ukrainian legislation, the English one focuses national regulations and recognized internationally. on judicial divorce, division of marital property and The area of human rights recognizes the right of affairs that affect the direct interest of a child. Along every person to respect for his/her family life. A state with the precedents and the national legislation, should implement protection of family, childhood, practice of the international community is widely maternity, paternity,implement policies in creating used. Englandis a party to a number of international conditions for strengthening a family. Ukraine conventions, treaties and organizations that regulate continuesto establish democratic and social future family law and protection of family interests. for the citizens. Therefore, we will apply more than Nowadays the judiciary of England and Wales once to the practice of international experience. One consists of several legal units, which address family of the striking examples thereof is certainly the legal disputes. There are special public institutions, whose system of England. competence is regulation of disputes between parties Should one consider English law, firstly attention to family relations. This is due to the high level of is paid to the rules of English Common Law, which judiciary workloadin family proceedings. -
The Family Law Review an Interim Report
Breakthrough Britain The Family Law Review An Interim Report Working Group Chaired by Dr Samantha Callan November 2008 About the Centre for Social Justice The Centre for Social Justice aims to put social justice at the heart of British politics. Our policy development is rooted in the wisdom of those working to tackle Britain’s deepest social problems and the experience of those whose lives have been affected by poverty. Our working groups are non-partisan, comprising prominent academics, practitioners and policy makers who have expertise in the relevant fields. We consult nationally and internationally, especially with charities and social enterprises, who are the the champions of the welfare society. In addition to policy development, the CSJ has built an alliance of poverty fighting organisations that reverse social breakdown and transform communities. We believe that the surest way the Government can reverse social breakdown and poverty is to enable such individuals, communities and voluntary groups to help themselves. The CSJ was founded by Iain Duncan Smith in 2004, as the fulfilment of a promise made to Janice Dobbie, whose son had recently died from a drug overdose just after he was released from prison. Chairman: Rt Hon Iain Duncan Smith MP Executive Director: Philippa Stroud The Family Law Review: Interim Report © The Centre for Social Justice, 2008 Published by the Centre for Social Justice, 9 Westminster Palace Gardens, Artillery Row, SW1P 1RL www.centreforsocialjustice.org.uk Designed by SoapBox, www.soapboxcommunications.co.uk 2 Contents Members of the Family Law Review 5 Executive Summary 6 Introduction 11 Section 1: Family Law in the UK today 14 1.1. -
Motherhood and Family Law
Motherhood and Family Law A thesis to fulfil the requirements of a Doctor of Philosophy, University of Otago, Dunedin, New Zealand June 2016 Fiona Mackenzie Abstract Motherhood is understood to be foundational to human relationships; the very ‘stuff’ of family law. However, rather than supported by the law, motherhood seems to exist in an uneasy tension with it. This thesis begins by exploring motherhood in the United Kingdom and New Zealand, from both legal and historical perspectives. The welfare principle, devised as a legal mechanism to protect the mother-child relationship in patriarchal 18th and 19th century England, is examined as a legal transplant into New Zealand’s younger, more egalitarian and gender-equal society. The impact of the legislative introduction of gender neutrality into New Zealand parenting laws in 1980 (in a social context that valued gender equality) is considered. Competing feminist theories, seeking gender equality by either denying or embracing gender difference, provide the theoretical framework for this thesis. Feminism’s problem with essentialism, and the difficulties that arise when the law seeks gender equality by disregarding gender difference, are also explored. Particular attention is paid to how motherhood is understood and regarded within contemporary family law. With a focus on New Zealand family law, the impact of legal developments on motherhood are reviewed in relation to the specific issues of shared care parenting, relocation (at times regarded as an infringement upon shared care), gatekeeping, imprisonment and breastfeeding. It is clear that the voice and value of motherhood appears to have been diminished and compromised. The thesis concludes by considering whether a redemptive approach towards motherhood’s relationship with family law is possible.