Family Law Challenges In A Changing Society

Increasing recognition of different family structures has posed dilemmas for family law and policy throughout the world. The problem often takes the form of conflicts between constitutional law or international human rights norms and between traditional forms of family association and emerging new forms of familial living. In this volume,leading family lawyers chart and analyse how family law in countries with a wide variety of different backgrounds has responded to these problems. Divided into six parts, the book examines the social and demographic context, the dynamics of legal assimilation of changes in social norms, the State and pluralism, the constitutionalisation of family law, social and natural parenthood and the reconciliation of changing norms and changing family forms. In doing this it provides many insights into the differences and similarities between developments in western and non-western countries and the ways in which all systems seek to reconcile official law and ideology with social behaviour.

In "Islamic Family Law in a Changing World," Abdullahi A. An-Na'im explores the practice of the Shari'a, commonly known as Islamic Family Law. An-Na'im shows that the practical application of Shari'a principles is often modified by theological differences of interpretation, a country's particular customary practices, and state policy and law.

Family Law in a Changing America is a new casebook that highlights law and family patterns as they are now, not as they were decades ago. By focusing on key changes in family life, the casebook attends to rising equality and inequality within and among families. The law, formally at least, accords more equality and autonomy than ever before, having repudiated hierarchies based on race, gender, and sexuality. Yet, as our society has grown more economically unequal, so too have family patterns diverged—with marriage and marital child-rearing becoming a mark of privilege. A number of developments—mass incarceration, the privatization of care, and reproductive technologies—have also contributed to disparities based on race, class, and gender. The casebook reflects the law’s continuing emphasis on marriage, but also treats nonmarital families as central. Rather than privilege the marital heterosexual family, the casebook organizes the presentation of the law around 1) adult relationships and 2) parent-child relationships. Professors and students will benefit from: Text that includes dramatic changes in family patterns in contemporary society, including: declining marriage rates, with differential rates based on race and class; increasing rates of nonmarital cohabitation and nonmarital parenting; the use of assisted reproduction and its challenge to biological understandings of parentage; tensions between women’s increasing education and employment and the perseverance of the gendered division of labor in families; the inclusion of same-sex couples in marriage and parenthood An approach that decenters the marital heterosexual family and instead is structured around the general topics of adult relationships and parent-child relationships Focus on the scope of family law, including extensive coverage of crucial sites of family regulation, such as the child welfare system, that are traditionally neglected Emphasis on multiple modes of legal interpretation (common law, constitutional, statutory) and multiple actors in the legal system (judges, legislators, lawyers, experts, social workers) Practical problems and exercises, often based on actual cases or events, that illuminate the gaps, tensions, and implications of existing doctrine; some of the problems include postscripts explaining how the issue was resolved by a court or legislature An approach that draws on more recent cases and cutting-edge issues and that includes extensive coverage of assisted reproduction (including IVF, surrogacy, and gamete donation), parentage (including intentional parenthood, functional parenthood, and multi-parent arrangements), adoption, child welfare, and family support

Over the past thirty years, there has been a dramatic shift in the way the legal system approaches and resolves family disputes. Traditionally, family law dispute resolution was based on an “adversary” system: two parties and their advocates stood before a judge who determined which party was at fault in a divorce and who would be awarded the rights in a custody dispute. Now, many family courts are opting for a “problem-solving” model in which courts attempt to resolve both legal and non-legal issues. At the same time, American families have changed dramatically. Divorce rates have leveled off and begun to drop, while the number of children born and raised outside of marriage has increased sharply. Fathers are more likely to seek an active role in their children’s lives. While this enhanced paternal involvement benefits children, it also increases the likelihood of disputes between parents. As a result, the families who seek legal dispute resolution have become more diverse and their legal situations more complex. In Divorced from Reality, Jane C. Murphy and Jana B. Singer argue that the current "problem solving" model fails to address the realities of today's families. The authors suggest that while today’s dispute resolution regime may represent an improvement over its more adversary predecessor, it is built largely around the model of a divorcing nuclear family with lawyers representing all parties—a model that fits poorly with the realities of today's disputing families. To serve the families it is meant to help, the legal system must adapt and reshape itself.

Mary Ann Glendon offers a comparative and historical analysis of rapid and profound changes in the legal system beginning in the 1960s in England, France, West Germany, Sweden, and the United States, while bringing new and insightful interpretation and critical thought to bear on the explosion of legislation in the last decade. "Glendon is generally acknowledged to be the premier comparative law scholar in the area of family law. This volume, which offers an analytical survey of the changes in family law over the past twenty-five years, will burnish that reputation. Essential reading for anyone interested in evaluating the major changes that occurred in the law of the family. . . . [And] of serious interest to those in the social sciences as well."—James B. Boskey, Law Books in Review "Poses important questions and supplies rich detail."—Barbara Bennett Woodhouse, Texas Law Review "An impressive scholarly documentation of the legal changes that comprise the development of a conjugally-centered family system."—Debra Friedman, Contemporary Sociology "She has painted a portrait of the family in which we recognize not only ourselves but also unremembered ideological forefathers. . . . It sends our thoughts out into unexpected adventures."—Inga Markovits, Michigan Law Review

Family Law and Family Realities contains a selection of papers presented at the 16th World Conference of the International Society of Family Law (ISFL) that took place in 2017 in Amsterdam, the Netherlands. The central theme of this volume is whether international and national family laws still adequately reflect changing family realities. The issues are examined in different geographical, political, social, cultural and religious settings, giving insight into how family laws relate to the actual practices and needs of different types of traditional and non-traditional families and to the distinct needs of vulnerable family members. Contributors come from Western and Eastern Europe, Israel, Africa, North and South America, Australasia and Asia. Specific topics addressed in the early chapters include cohabitation, same-sex relationships, polyamory, stepfamilies, ART, and the financial and parenting issues raised by divorce. Subsequent chapters deal with a wide range of new issues related to protecting the interests of children (e.g. cultural identity, gender identity, migration, the internet) and to providing care for the elderly and persons with disabilities.

Implementation of Islamic family law varies widely across North Africa and the Middle East, here Dörthe Engelcke explores the reasons for this.

Changes in family structures, demographics, social attitudes and economic policies over the last 60 years have had a large impact on family lives and correspondingly on family law. The Second Edition of this Handbook draws upon recent developments to provide a comprehensive and up-to-date global perspective on the policy challenges facing family law and policy round the world. The chapters apply legal, sociological, demographic and social work research to explore the most significant issues that have been commanding the attention of family law policymakers in recent years. Featuring contributions from renowned global experts, the book draws on multiple jurisdictions and offers comparative analysis across a range of countries. The book addresses a range of issues, including the role of the state in supporting families and protecting the vulnerable, children’s rights and parental authority, sexual orientation, same-sex unions and gender in family law, and the status of marriage and other forms of adult relationships. It also focuses on divorce and separation and their consequences, the relationship between civil law and the law of minority groups, refugees and migrants and the movement of family members between jurisdictions along with assisted conception, surrogacy and adoption. This advanced-level reference work will be essential reading for students, researchers and scholars of family law and social policy as well as policymakers in the field.

"Family Law: Foundations and Modern Dynamics" is a comprehensive exploration of the multifaceted field of family law, examining its historical roots and contemporary developments. The book delves into the significance of family law in shaping relationships and society's well-being. It covers various aspects, including marriage and legal partnerships, divorce, child custody and support, adoption, domestic violence, elder care, mental health considerations, inheritance rights, and more. Throughout the book, readers gain insights into the principles and objectives of family law, emphasizing the protection of vulnerable individuals and the best interests of children. It highlights the evolving nature of family structures, recognizing cultural diversity while promoting legal uniformity. The book addresses the impact of technological advancements on family law and explores future trends and challenges in the field. It encourages an open-minded and respectful approach to understanding family law's role in fostering social cohesion and supporting the well-being of individuals and families. By presenting various legal considerations and offering practical insights, "Family Law: Foundations and Modern Dynamics" serves as a valuable resource for legal professionals, students, and anyone interested in the complexities of family law and its impact on contemporary society.