scholarly journals A European Model for Harmonizing the Law on Parental Responsibilities: The Family Law Persepctive

2021 ◽  
pp. 51-72
Author(s):  
Katharina Boele-Woelki
Keyword(s):  
General Framework ◽  
Family Law ◽  
Considerable Extent ◽  
Personal Relationships ◽  
The Family ◽  
The Law ◽  
Model Law ◽  
Methodological Aspects ◽  
National Systems ◽  
European Family

AbstractSince 2001 the academic Commission on European Family Law (CEFL) has drafted Principles of European Family Law that are thought to be most suitable for the harmonization of family law within Europe. The CEFL Principles are non-binding rules. They can be considered to be a model law which national legislators can take into account.This contribution explains methodological aspects of the drafting process of the Principles on Parental Responsibilities. It informs about the huge amount of international and European instruments. Although each of these instruments only addresses some specific aspects of the law regarding parental responsibilities, they collectively built the general framework which to a considerable extent has also determined the national systems in Europe. Before focussing on the concept of parental responsibilities, as well as on those Principles which specifically address the situation upon divorce and separation of the parents (joint and sole exercise, (dis-)agreement on exercise, residence of the child, relocation, maintenance of personal relationships, hearing of the child, representing the child), information about the structure of the Principles is provided. Finally, more than 10 years after the publication of the Parental Responsibilities Principles it makes sense to take stock and explore how they have been perceived.

37. Protection from Harassment

2018 ◽  
pp. 428-432
Author(s):  
Jane Sendall
Keyword(s):  
Family Law ◽  
Antisocial Behaviour ◽  
Racial Harassment ◽  
The Family ◽  
The Law

Family lawyers may be consulted by those who are being harassed or stalked by someone who is not an associated person. This chapter discusses the law on harassment and the remedies available to clients not protected by the Family Law Act 1996. It details the Protection from Harassment Act 1997, which was enacted to assist those suffering harassment through stalking, antisocial behaviour, or racial harassment.

scholarly journals Navigating the Family Law Provisions: Migrant Women’s Voices

2021 ◽  
Vol 10 (4) ◽  
pp. 131-145
Author(s):  
Ana Borges Jelinic
Keyword(s):  
Domestic Violence ◽  
Cultural Differences ◽  
Family Law ◽  
Migrant Women ◽  
Women's Voices ◽  
The Family ◽  
The Law ◽  
Permanent Residency ◽  
Set Up ◽  
Legal Immigration

This article considers the voices of migrant women engaging with Home Affairs to guarantee permanent residency (PR) in Australia after experiencing domestic violence. Data collected from longitudinal interviews with 20 participants were considered, with two participants’ stories analysed in detail. The research indicates how the legal immigration system is set up in a way that does not listen to women and disadvantages them. Particular issues pointed out include extended timelines, lack of concern for cultural differences and inconsistencies in the process, and how they affect women undermining the goal of the law, which is to protect migrants from sponsors’ violence.

Introduction

2011 ◽  
Author(s):  
Joanna L. Grossman ◽  
Lawrence M. Friedman
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
Criminal Law ◽  
Family Law ◽  
The United States ◽  
The Bible ◽  
The Family ◽  
Important Trend ◽  
The Law

This introductory chapter takes a brief look at family law in the United States as it changed over twentieth century and the start of the twenty-first. “Family law” refers to a particular branch of the law—mostly about marriage, divorce, child custody, family property, adoption, and some related matters. However, this chapter also briefly considers other parts of the law that touch on the family in an important way, such as inheritance or the intersection between criminal law and family affairs. The chapter then considers the changes to family law in this expanded sense. In part, the changes were continuations of trends that started in the nineteenth century; but in part they were completely new. Perhaps the single most important trend was the decline of the traditional family, the family as it was understood in the nineteenth century, the family of the Bible and conventional morality.

33. Protection under the Family Law Act 1996: Non-Molestation Orders

2019 ◽  
pp. 383-392
Author(s):  
Jane Sendall ◽  
Roiya Hodgson
Keyword(s):  
Criminal Law ◽  
Family Law ◽  
Domestic Abuse ◽  
Legal Aid ◽  
Forced Marriage ◽  
The Family ◽  
The Law

This chapter discusses the following: the law regarding domestic abuse; practical issues arising from acting for clients facing domestic abuse; and the availability of remedies under the Family Law Act 1996. It also explains when funding may be available under legal aid for orders under the Family Law Act 1996. The concept of ‘associated persons’ is explained and the list of these is provided. Non-molestation orders under the Family Law Act 1996 are explained, as well as the test for a nonmolestation order, evidence, applications by children, and duration of an order. The remedies for clients escaping a forced marriage and criminal law remedies are discussed.

A Prolonged Abrogation? The Capitulations, the 1917 Law of Family Rights, and the Ottoman Quest for Sovereignty during World War 1

2020 ◽  
Vol 52 (2) ◽  
pp. 245-260
Author(s):  
Kate Dannies ◽  
Stefan Hock
Keyword(s):  
Ottoman Empire ◽  
Islamic Law ◽  
Family Law ◽  
World War ◽  
Women And Gender ◽  
The Family ◽  
French And English ◽  
History Of ◽  
The Law ◽  
And Gender

AbstractThe 1917 promulgation of a new Ottoman family law is recognized as a landmark moment in the history of Islamic law by scholars of women and gender in the Middle East. Yet the significance of the 1917 law in the struggle over religious jurisdiction, political power, and Ottoman sovereignty has been overlooked in the scholarship on both Ottoman legal reform and World War 1. Drawing on Ottoman Turkish, German, French, and English sources linking internal interpretations of the law and external reactions to its passage, we reinterpret adoption of the family law as a key moment in the geopolitics of World War 1. We demonstrate that passage of the law was a critical turning point in the wartime process of abrogating the capitulations and eliminating the last vestiges of legal extraterritoriality in the Ottoman Empire. The law is situated in its wartime political context and the geopolitical milieu of larger Europe to demonstrate that, although short-lived, the 1917 family law was a centerpiece of the wartime struggle to define extraterritorial rights of the Ottoman Empire, the Great Powers, and their protégés within the empire.

New views of parenting

1994 ◽  
Vol 19 (4) ◽  
pp. 15-21
Author(s):  
Frank Bates
Keyword(s):  
Family Law ◽  
Family Studies ◽  
Wallace Stevens ◽  
Australian Institute ◽  
Australian Family ◽  
The Family ◽  
The Subject ◽  
The Law ◽  
Law Courts ◽  
Private Eye

There is nothing more inscribed nor thought nor felt and this must comfort the heart’s core against Its false disasters - these fathers standing round. These mothers touching, speaking, being near. These lovers waiting In the soft dry grass. [Wallace Stevens. “Credences of Summer”!“I have come to regard the law courts not as a cathedral but rather as a casino”. [Richard Ingrams, former Editor of Private Eye.]Before entering into discussion of the substantive topic, it should be said that Australian Family Law is, in one sense at least, always new. It is without question one of the most scrutinised areas of Australian Law: the Family Law Act 1975 has been amended no less than thirty four times since its coming into force in February 1976, sometimes extensively; it has been the subject of two reports of Joint Select Committees of the Australian Parliament, in 1980 (Bates, 1980) and 1992 (below). In addition, its operation and administration is under continual scrutiny from two statutory bodies – the Family Law Council (Family Law Act 1975 s115) and the Australian Institute of Family Studies (Family Law Act 1975 Part XIVB).

scholarly journals تعدد الزوجات في قانون الأسرة الإندونيسي: دراسة تحليلية مقاصدية (Polygamy in Indonesian Family Law: Analysis of Maqashid Syariah)

2020 ◽  
Vol 17 (3) ◽  
pp. 80-95
Author(s):  
محمد توفيق ◽  
ماشطة مرضات الله
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Family Problems ◽  
Term Condition ◽  
Indonesian Government ◽  
The Family ◽  
The Law

لكثرة الحوادث والوقائع المتوقعة بسب تعدد الزوجات في إندونيسيا، أصدرت الحكومة الإندونيسية القانون الأسري الذي يحتوي على شروط تعدد الزوجات وضوابطها. فالهدف الأساسي من هذا القانون لتقليل المفاسد المتوقعة بسبب تعدد الزوجات ودرئها. فكانت هذه الشروط والضوابط ليست إلا لحماية الأسرة من المفاسد الأسرية وحفظ الأسرة من خلال جلب مصالحها. لأن مصلحة الأسرة تعود بالنفع والتأثير على مصالح المجتمع والوطن التي تعتبر المصلحة العامة. وهذا ما سوف يتم بحثه في هذه الورقة، ألا وهو تحليل ضوابط تعدد الزوجات وشروطها في قانون الأسرة الإندونيسي على ضوء مقاصد الشريعة. الكلمات المفتاحيّة: تعدد الزوجات، قانون الأسرة الإندونيسي، مقاصد الشريعة. Abstract The high number of polygamy cases and problems led Indonesian government to publish the family law at the Islamic Law Compilaton. Covering term, condition and limit on polygamy, it mainly aims to reduce any disadvantages (taqlil al mafasid) of polygamy and even to omit (dar’i al mafasid) them in order to keep Islamic Indonesian families away from any family problems (al-mafasid al-usriyah). The law will directly affect the effort to maintain the good offspring and public advantegous (al-maslahah al-ammah). This is what this paper discusses by analyzing the limits, terms, and condition of polygamy as stipulated at the law in the perspective of maqashid al-syariah. Keywords: polygamy, Islamic Law Compilaton, al-mafasid al-usariyah, al-maslahah al-ammah, maqashid al-syariah.

37. Protection from Harassment

Family Law ◽  
2020 ◽  
pp. 428-432
Author(s):  
Roiya Hodgson
Keyword(s):  
Family Practice ◽  
Family Law ◽  
Criminal Liability ◽  
Antisocial Behaviour ◽  
Racial Harassment ◽  
Restraining Orders ◽  
The Family ◽  
The Law ◽  
Civil Remedy

Family lawyers may be consulted by those who are being harassed or stalked by someone who is not an associated person. This chapter examines the law on harassment and the remedies available to clients not protected by the Family Law Act 1996. It explains the relevance of this area in relation to family law and details the Protection from Harassment Act 1997. This was enacted to assist those suffering harassment through stalking, antisocial behaviour, or racial harassment. Criminal liability for harassment, civil remedy for harassment, and restraining orders are also discussed, as well as how these all relate in family practice.

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