Bromley's family law /

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Bibliographic Details
Author / Creator:	Lowe, N. V. (Nigel V.)
Edition:	10th ed.
Imprint:	Oxford ; New York : Oxford University Press, 2007.
Description:	xciii, 1153 p. ; 25 cm.
Language:	English
Subject:	Domestic relations -- England. Domestic relations -- Wales. Domestic relations. England. Wales.
Format:	Print Book
URL for this record:	http://pi.lib.uchicago.edu/1001/cat/bib/6286854

Hidden Bibliographic Details
Varying Form of Title:	Family law
Other uniform titles:	Douglas, Gillian. Lowe, N. V. (Nigel V.). Family law.
ISBN:	9780406959515 040695951X
Notes:	Rev. ed. of: Family law. 9th ed. 1998. Includes bibliographical references and index.

Table of Contents:

Preface
Table of statutes
Table of cases
1. Introduction
A. The nature and scope of family law
1. The meaning of 'family'
2. The functions of family law
B. Trends in family law
1. Equalisation of men and women
2. Shift in emphasis from past fault to future needs
3. Shift of attention from adults to children
4. Growing recognition of cohabitation outside marriage and of same-sex partnerships
5. Private ordering
6. Multi-disciplinary and specialist approaches to family problems
C. The development of the family court system
1. The current court system
2. How the current system is used
3. Increasing specialisation in family matters
4. Transferring proceedings between courts
5. Promoting liaison between courts
6. Promoting the effectiveness of the family justice system
7. Increased professionalism
8. A more managerial approach
9. Towards a Family Court?
D. The internationalisation of family law
1. United Nations Convention on the Rights of the Child
2. European Convention on Human Rights
3. Other conventions and international instruments of influence
2. Formation and Recognition of Adult Partnerships
A. Introduction
1. The right to marry
B. The nature of marriage
1. Marriage as a contract
2. Marriage as creating status
3. Definition of marriage
4. Civil partnership
C. Agreements to marry or form a civil partnership
1. Continuing significance of engagements
2. Civil partnership agreements
D. Entry into marriage
1. Capacity to marry
2. Formalities of marriage
E. Presumption of marriage
F. Establishing the validity of the marriage
1. Declaration as to marital status
2. Decree of nullity
3. Grounds on which a marriage will be void
4. Voidable marriages
5. Effect of decree
6. Is there a continuing need for nullity?
G. Entry into a civil partnership
1. Capacity
2. Formalities
H. Establishing the validity of a civil partnership
1. Declaration
2. Annulment of a civil partnership
I. Recognition of cohabitation
1. Introduction
2. Defining cohabitation
3. A general definition?
3. The Personal and Property Consequences of Marriage, Civil Partnership and Cohabitation
A. Introduction
1. The doctrine of unity
2. Consortium
B. Personal consequences
C. Property consequences of relationships
4. The Family Home
A. Introduction
B. Ownership
1. The background to the current law
2. The current law
3. Reform
4. Enforcing the trust
5. Protection of beneficial interests
C. Occupation
1. 'Home rights'
2. Other forms of protected occupation
D. Insolvency and the family home
1. Mortgages and charges
2. Bankruptcy
E. Statutory protection of leasehold property
1. The private sector
2. Public sector tenancies
F. The position of the separated spouse or partner
5. Domestic Violence
A. Introduction
1. Historical developments
2. Proposals for reform
B. Protection afforded by the criminal law
1. Problems with the criminal justice system
2. Protection from harassment
3. Criminal injuries compensation
C. Civil law remedies
1. The Family Law Act 1996 Part IV
2. Protection from Harassment Act 1997
3. Integrated domestic violence courts
4. Injunctions in other civil proceedings
D. Remedies through housing law
1. Actions in relation to tenancies
2. Seeking help under the homelessness legislation
E. A criminal or civil matter?
6. Divorce and Dissolution
A. Introduction
B. The Matrimonial Causes Act 1973
1. Jurisdiction
2. The substantive law
3. The procedure for obtaining the divorce
4. Reconciliation
5. Mediation
6. Collaborative law
C. Proposals for reform
1. The Booth Committee on Matrimonial Causes Procedure
2. The Law Commission's proposals
3. The government's response
4. Divorce under the Family Law Act 1996
5. The pilot schemes and their outcomes
D. The aftermath of the 1996 Act and the future of divorce reform
E. Dissolution of civil partnership
F. Judicial separation and separation orders
7. Parents and Children
A. Introduction
B. Who are the parents of a child?
1. Introduction
2. Techniques of human assisted reproduction
3. Who is the legal mother?
4. Who is the legal father?
5. Parental orders
6. Surrogacy agreements
C. Proof of parentage
1. Mothers
2. Fathers
3. Declarations of parentage
4. Registration of births
5. Discovering genetic parentage
D. The legal significance of parentage
1. Acquisition of British citizenship
2. Leave to remain and settle in the United Kingdom
3. Deportation
E. The meaning of 'child'
F. The meaning of 'child of the family'
G. The child's status
1. Introduction
2. The concept of legitimacy
3. Declarations of status
4. The significance of the child's status
5. Should reference now be made to legitimacy and illegitimacy?
H. The changing nature of the parent-child relationship
1. Introduction
2. The initial strength of the father's position
3. The strengthening of the mother's position
4. The increasing recognition of the child's position
8. Parental Responsibility
A. Introduction
1. International acceptance of the concept of parental responsibility
2. Contexts in which parental responsibility is relevant
B. The meaning and function of 'parental responsibility'
1. The need to define parental responsibility
2. Can there be a meaningful general definition?
3. Further preliminary observations
4. What parental responsibility comprises
5. Liability for children's acts
6. Liability for interference with parents' and children's rights
C. Who has parental responsibility
1. The position at the child's birth
2. Acquisition of parental responsibility subsequent to the child's birth
3. Acquisition of parental responsibility by step-parents
4. Acquisition of parental responsibility by other individuals
5. Should the allocation of parental responsibility be further modified?
D. In respect of whom is there responsibility?
1. The position with regard to unborn children
2. The position with regard to embryos
E. Duration of parental responsibility
F. Sharing parental responsibility for a child
G. Effect of third parties acquiring parental responsibility
H. Delegation of parental responsibility
I. Caring for a child without having parental responsibility
9. Guardianship
A. Introduction
1. The position of guardians before the Children Act 1989
2. The need for reform
B. The current law
1. Appointment of guardians
2. Effect of being appointed a guardian
3. Termination of guardianship
4. Evaluating the current law
10. The Welfare Principle
A. The paramountcy of the child's welfare
1. The background to section 1(1)
2. Is the paramountcy principle Human Rights compliant?
3. Comparison with UN Convention
B. When the paramountcy principle applies
C. When the paramountcy principle does not apply
1. The paramountcy principle does not apply outside the context of litigation
2. The paramountcy principle does not apply to issues only indirectly concerning the child's upbringing
3. The paramountcy principle does not apply if excluded by other statutory provisions
4. Applying the paramountcy principle to more than one child
D. The meaning of welfare
1. The checklist
2. The contents of the 'list'
3. When the checklist applies
E. Criticisms of the welfare principle
F. Delay prima facie prejudicial to the child's welfare
G. Orders to be made only where better than no order
1. Introduction and background
2. When section 1(5) applies
3. Does section 1(5) create a burden of proof to show that a proposed order is for the child's benefit?
4. Form of order
5. The interrelationship of the paramountcy principle and section 1(5)
11. The Voice of the Child
A. Introduction
B. The obligation to have regard to the child's views
1. Domestic law
2. International law
C. How children's views are investigated
1. CAFCASS
2. Welfare reports
3. The role of the children's guardian
D. The child's direct participation in proceedings
1. Private law proceedings
2. Public law proceedings
E. Children as litigants
1. The substantive law
2. The procedure
F. The children's views and experiences of the family justice system
G. Looking after children's wider interests-the Commissioners for Children
1. Background
2. Overview of the English Commissioner's role
12. The Court's Powers to Make Orders Under Part 11 of the Children Act 1989
A. Introduction
B. Section 8 orders
1. The powers
2. General restrictions on making section 8 orders
3. Who may apply for section 8 orders?
4. Effect of residence orders
5. When section 8 orders can be made
6. Enforcing section 8 orders
7. Varying and discharging orders
8. Appeals
C. Other powers
1. Family assistance orders
2. Section 37 directions
D. Deciding what orders, if any, to make
1. Applying the principle under section 1(5)
2. Applying the welfare principle
3. Considerations when making contact orders
E. Enhanced residence orders
F. Special guardianship
1. Introduction
2. The power to make special guardianship orders
3. Principles upon which orders are made
4. Powers when making a special guardianship order
5. The effects of special guardianship orders
6. Variation and discharge
7. Duration of order
8. Special guardianship support services
9. Commentary
13. International Parental Child Abduction
A. Introduction
B. Preventing children from being abducted out of the United Kingdom
1. Criminal sanctions
2. Court prohibitions against removal
C. Dealing with children abducted to or brought from a 'non-Convention country' outside the United Kingdom
1. Dealing with children abducted to a 'non-Convention country'
2. Dealling with children abducted from a 'non-Convention country'
D. Dealing with children abducted to or brought from a 'Convention country'
1. The relevant international instruments
2. The strategy and aims of the international instruments
3. The 1980 Hague Abduction Convention
4. The revised Brussels II Regulation
5. The European Custody Convention
6. Evaluating the use and effect of the instruments
E. Dealing with children taken to or brought from another part of the United Kingdom and Isle of Man
1. Introduction
2. The Family Law Act 1986
14. Children and Local Authorities
A. Introduction
1. The development of local authority powers
2. The current law: some key underlying principles
B. Local authority support for children and families
1. General duty to children in need
2. Specific duties and powers
3. Accommodating children in need
4. Secure accommodation
C. Investigation of child abuse
D. Short-term protection
1. Introduction
2. Emergency protection orders
3. Child assessment orders
4. Police protection
E. Care and supervision proceedings
1. Introduction
2. Initiating proceedings
3. The threshold criteria
4. The welfare stage
5. Some procedural and evidential issues
6. Court orders
7. Appeals
8. Discharge of care orders and discharge and variation of supervision orders
F. Contact with children in care
1. Introduction
2. The scheme under section 34
G. Local authority duties towards 'looked after children'
H. Disputing local authority decisions
1. Introduction
2. The complaints procedure
3. Default powers of the secretary of state
4. Applying to the 'local government ombudsman'
5. Wardship and the inherent jurisdiction
6. Seeking leave to apply for a residence order
7. Judicial review
8. Habeas corpus
9. Suing the local authority for negligence
10. Suing the local authority for breach of human rights
15. Adoption
A. Introduction
1. The nature of adoption and background to the 2002 legislation
2. A comparison of adoption with other legal relationships and orders
3. Adoption and human rights
4. The changing pattern of adoption
5. Responsibility for placing children for adoption
B. General principles when reaching decisions about adoption
1. The weighting of the child's welfare
C. Adoption service
D. Placement for adoption
1. Introduction
2. The placement scheme under the 2002 Act
E. The making of adoption orders
1. Who may be adopted
2. Who may apply for adoption
3. Consent to the making of an order
4. Dispensing with consent
F. Procedure for the making of adoption orders
1. The child must live with the applicants before the making of an order
2. Notice to local authority must be given in non-agency placements
G. Functions and powers of the court
1. Which court?
2. Functions of the court
3. The court's powers
H. Registration of adoption and the Adoption Contact Register
I. The effects of an adoption order
1. Complete and permanent transfer of legal parentage
2. The child's change of status
3. Consequences of the change of status and transfer of parentage
J. Adoption with a foreign element
1. Introduction
2. The 1993 Hague Convention on Intercountry Adoption
3. Overseas adoptions
4. Domestic adoptions of foreign children
5. Restrictions on bringing children into the United Kingdom for adoption
6. Removing a child from the British Islands for adoption
K. Offences
1. Illegal placements
2. Illegal payments
3. Advertisements
16. The High Court's Inherent Powers in Respect of Children
A. Introduction
B. Wardship
1. Historical development
2. Characteristics of the wardship jurisdiction
3. Who can be warded
4. Invoking wardship
5. The court's powers
6. The principles on which the court acts
7. The modern use of the jurisdiction
C. The inherent jurisdiction
1. Jurisdiction and procedure
2. The effect of invoking the inherent jurisdiction
3. The court's powers
4. Local authority use of the jurisdiction
5. Individuals' use of the jurisdiction
D. Commentary
17. Financial Support for Members of the Family
A. Introduction
1. The duty to maintain a spouse or civil partner
2. Parents' duty to maintain children of spouses or civil partners
3. Support obligations outside marriage or civil partnership
4. Enforcement of the duty to maintain
B. State support
1. Introduction
2. Support through tax credits
3. Social security benefits
4. Child benefit
5. Child trust funds
C. Maintenance under the Child Support Act 1991
1. Background
2. The scheme of the Act
3. The residual role of the courts
4. Evaluation of the child support scheme
D. Private agreements
1. Between spouses and civil partners
2. Between parents
E. The courts' Jurisdiction to make orders for financial support
1. Orders for spouses or civil partners
2. Obtaining financial relief for children
3. Enforcement of orders
18. Financial Relief on Divorce, Dissolution, Nullity and Separation
A. Introduction
1. Development of the court's powers
2. Powers of the court
3. Application for relief
4. Ancillary relief procedure
B. Orders that may be made
1. Maintenance pending suit
2. Periodical payments
3. Lump sum payments
4. Orders in relation to pensions
5. Transfer and settlement of property
6. Variation of marriage settlements
7. Orders for the sale of property
8. Consent orders
9. The Legal Services Commission's statutory charge
10. The limits of the court's powers
C. Assessment of financial provision
1. General principles
2. Factors to be taken into account when assessing what orders should be made for a spouse
3. The matrimonial home
4. Costs awards
5. Appeals
D. Variation, discharge, suspension and revival of orders
1. Orders that may be varied
2. Factors to be taken into consideration
3. Variation of consent orders
4. Appealing out of time
E. Enforcement of orders
1. Methods of enforcement
2. Attempts to defeat claims for financial relief
3. Registration of orders in other courts
F. Financial relief after foreign divorce, dissolution, annulment or legal separation
1. Background to the legislation
2. When relief maybe sought
3. Applicants are required to obtain leave
4. Applying for an order
5. Orders that may be made
G. Reform
H. Comparable provisions under the two Acts
19. The Legal Consequences of a Death in the Family
A. Presumption of death
B. Succession
1. Testate succession
2. Intestate succession
C. The statutory transmission of tenancies
1. The private sector
2. Regulated tenancies under the Rent Act 1977
3. Assured tenancies
4. Secure tenancies
D. Provision for members of the family and other dependants
1. Who may apply for an order
2. Reasonable provision
3. Factors to be taken into account
4. Property available for financial provision
5. Orders that may be made
6. Relationship to existing agreements and orders
E. Compensation under the Fatal Accidents Act
1. Background
2. Who may claim
3. Against whom the action may be brought
4. Assessment of damages
5. Reform of the legislation
Index

Bromley's family law /

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