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Journal articles on the topic 'Family law'

Author: Grafiati

Published: 4 June 2021

Last updated: 30 July 2024

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1

Gebhardt-Benischke, Margot. "Family law, family law politics and family politics." Women's Studies International Forum 9, no. 1 (January 1986): 25–33. http://dx.doi.org/10.1016/0277-5395(86)90073-7.

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2

Le Roux-Kemp, Andra. "Family Law." Yearbook of South African Law 1 (2020): 598–630. http://dx.doi.org/10.47348/ysal/v1/i1a12.

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3

Dubey, Akansha, Emily Charlotte Jameson, and Kava Ramaswamy. "Family Law." Cambridge Journal of International and Comparative Law 3, no. 1 (2014): 214–20. http://dx.doi.org/10.7574/cjicl.03.01.179.

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4

Cooper, Cheryl L. "FAMILY LAW." Family Court Review 32, no. 3 (March 15, 2005): 326–45. http://dx.doi.org/10.1111/j.174-1617.1994.tb01073.x.

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5

Cullen, Deborah. "Family Law." Adoption & Fostering 18, no. 3 (October 1994): 56. http://dx.doi.org/10.1177/030857599401800319.

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6

Le Roux-Kemp, Andra. "Family Law." Yearbook of South African Law 1 (2020): 598–630. http://dx.doi.org/10.47348/ysal/v1/i1a12.

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7

Whitehead, Donna. "Family law." Law Teacher 42, no. 2 (January 2008): 242–47. http://dx.doi.org/10.1080/03069400.2008.9959782.

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8

Kennett, Wendy. "Family Law." International and Comparative Law Quarterly 50, no. 1 (January 2001): 187–204. http://dx.doi.org/10.1093/iclq/50.1.187.

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9

Grossman, Joanna L., and Christine P. Leatherberry. "Family Law." SMU Annual Texas Survey 8, no. 1 (2022): 89. http://dx.doi.org/10.25172/smuatxs.8.1.6.

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10

Grossman, Joanna L., and Christine Leatherberry. "Family Law." SMU Annual Texas Survey 9, no. 1 (2023): 65. http://dx.doi.org/10.25172/smuatxs.9.1.5.

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More than 300,000 new family law cases were filed in Texas in 2022; more than a third of those were divorces (and there were more divorces in Texas than in any other state). Tens of thousands of children live in households that are involved in family court proceedings in any given year. Family law remains one of the areas with the greatest unmet legal need—more than half of litigants are pro se in cases with enormous stakes. The work of lawyers, judges, and other professionals in this area should not be underestimated. In this Article, we will try to lighten the load somewhat by highlighting the most important family law cases during the year 2022. As the reader will see, they touch on a wide range of issues, both substantive and procedural. There is no single takeaway from this year’s case law, but the opinions illustrate the challenge of staying on top of a complex and busy area of law.

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11

Yeobong Lee. "Intergenerational Caregiving and Conflict between Daughters/Daughters-in-law and their Elderly Parents/Parents-in-law." Family and Culture 23, no. 1 (March 2011): 41–76. http://dx.doi.org/10.21478/family.23.1.201103.002.

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12

Jeon, Se-song and Gwee-Yeon Jeon. "The Study on Mother-in-Law's Relationship Satisfaction between Mother-in-Law and Son-in-Law." Family and Culture 26, no. 1 (March 2014): 152–77. http://dx.doi.org/10.21478/family.26.1.201403.006.

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13

Kovaček-Stanić, Gordana, and Sandra Samardžić. "Does (family) law protect family?" Zbornik radova Pravnog fakulteta, Novi Sad 55, no. 1 (2021): 25–45. http://dx.doi.org/10.5937/zrpfns55-30403.

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Although we cannot ignore the fact that the law in some way affects the family from the very beginning by determining who is considered a family member, what are their mutual rights and obligations, how certain relationships are formed and how they end, modern understanding of the family, however, necessarily implies respect for the extremely wide field of family, that is parental autonomy. Such an understanding could, in the most extreme form, result in an almost complete absence of responsibility of the state or the legal system for everything that happens in the family. In this sense, there are very weak formal legal obligations of the state in taking an active role in strengthening the family, and in practice there is virtually no involvement of the state in strengthening ties within the family before certain problems arise. On the other hand, if someone has the potential to protect the family and its members, then it is certainly the legal system. The protection of the family must not be reduced only to the question of how to do it, but also at what moment or whether the protection and development of healthy family relationships must be an issue to be addressed much earlier, even before the family is formed. In that sense, counseling or conversations with competent persons, can be of special importance. Also, although they are relatively foreign to our culture, the popularization of prenuptial agreements and presenting future spouses or common law partners with the possibilities of this agreement provides, can contribute to the avoidance of later property disputes. In this paper, the focus will, however, be on certain solutions that can help in situations where there is already a disturbance in the relationship between family members, that is between spouses or common law partners. Any attempt to calm the situation, or moderate and careful intervention in family relations, can primarily be achieved by insisting on certain alternative ways of resolving disputes. In addition, the existence of specialized judges, as well as lawyers, who would implement significant changes in the education system of future lawyers, but also in the field of practice, can also greatly contribute to this goal. Finally, certain changes in the field of family substantive law can also be of great importance. In that sense, this paper primarily focuses on certain solutions proposed in theory, their analysis in the context of Serbian legislation, as well as on possible further changes in domestic regulations. Namely, although some proposals have already found their place in the positive legislation of Serbia, it remains uncertain to what extent these provisions have been applied and whether they really contribute to maintaining stable family relations in situations when relations are seriously disturbed.

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14

Roy Andrew Partain. "Comparative Family Law, Korean Family Law and the Missing Definitions of Family." Journal of hongik law review 13, no. 2 (June 2012): 215–46. http://dx.doi.org/10.16960/jhlr.13.2.201206.215.

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15

Bradley, D. "Comparative Law, Family Law and Common Law." Oxford Journal of Legal Studies 23, no. 1 (March 1, 2003): 127–46. http://dx.doi.org/10.1093/ojls/23.1.127.

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16

Harriford, Diane, Mary L. Shanley, and Martha Albertson Fineman. "Revisioning Family Law." Law & Society Review 30, no. 2 (1996): 437. http://dx.doi.org/10.2307/3053968.

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17

Atkin, Bill. "Harmonising Family Law." Victoria University of Wellington Law Review 37, no. 4 (November 1, 2006): 465. http://dx.doi.org/10.26686/vuwlr.v37i4.5580.

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On 25 July 2006, Bill Atkin delivered his inaugural lecture after becoming a professor in the Law Faculty of Victoria University of Wellington. He took as his theme the state of disharmony in family law. While historically the focus of the law was narrow and consistent, a series of reforms has meant that family law's brief has widened and become something of a jumble. This is true of the law relating to adults as well as that relating to children. While there is plenty of scope to undertake a project to bring greater harmony to family law, the task may be forlorn. There are many forces militating against rationalisation of the law, ranging from diversity of family types and clashing ideologies to the realities of politics.

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18

Moussa, Jasmine. "Overview: Family Law." Cambridge Journal of International and Comparative Law 1, no. 2 (2012): 120–22. http://dx.doi.org/10.7574/cjicl.01.02.26.

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19

Mavronicola, Natasa. "Overview: Family Law." Cambridge Journal of International and Comparative Law 2, no. 1 (2013): 140–44. http://dx.doi.org/10.7574/cjicl.02.01.96.

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20

Messenger, Daniel. "Overview: Family Law." Cambridge Journal of International and Comparative Law 3, no. 1 (2014): 282–85. http://dx.doi.org/10.7574/cjicl.03.01.181.

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21

Barton, Edward. "Teaching Family Law." Journal of Teaching in Marriage & Family 2, no. 2 (March 2002): 237–43. http://dx.doi.org/10.1300/j226v02n02_07.

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22

Bradley, Keith. "Roman Family Law." Classical Review 55, no. 1 (March 2005): 280–82. http://dx.doi.org/10.1093/clrevj/bni155.

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23

Minter, Shannon Price. "Transgender Family Law." Family Court Review 56, no. 3 (July 2018): 410–22. http://dx.doi.org/10.1111/fcre.12357.

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24

Anisimov, Aleksey P. "Family law principles." Izvestiya of Saratov University. Economics. Management. Law 22, no. 4 (November 23, 2022): 480–84. http://dx.doi.org/10.18500/1994-2540-2022-22-4-480-484.

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The review provides an overview of the main conclusions and arguments given in the monograph by A. Ya. Ryzhenkov. The classification of the principles of family law and the mechanism of their implementation is highly appreciated. It is noted that the doctrinal principles of family law proposed by the author may be of interest to the legislator when expanding the list of principles – the main ideas of family law in the future.

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25

Tremblay, Régine. "Recoding Family Law." McGill Law Journal 68, no. 3 (July 1, 2023): 249–89. http://dx.doi.org/10.26443/law.v68i3.1306.

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This article proposes a new conceptual framework for parent-child and adult relationships in the Civil Code of Québec based on the theory of relationships of economic and emotional interdependency. It puts forward a new théorie générale for relationships in Quebec civil law. It argues that the Code should concentrate on relationships of economic and emotional interdependency, irrespective of their form or of their fulfillment of formalities. Their content and qualities should be the law’s object, hence allowing for a functional account of families and personal lives. Doing so would require a recodification of economic and emotional relationships in the Code, to provide a more meaningful legal framework addressing families and personal lives. Fundamentally, the hope is to shift the normative content of family law in Quebec private law from “the family” to relationships, and to take a stance against family law exceptionalism.

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26

Nicola, Fernanda. "Family Law Exceptionalism in Comparative Law." American Journal of Comparative Law 58, no. 4 (September 1, 2010): 777–810. http://dx.doi.org/10.5131/ajcl.2010.0002.

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27

Laird, Siobhan E. "Family Law, Sex and Society, A Comparative Study of Family Law." Child & Family Social Work 15, no. 3 (March 15, 2010): 385–86. http://dx.doi.org/10.1111/j.1365-2206.2010.00714.x.

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28

Miles, Joanna. "Property law v family law: resolving the problems of family property." Legal Studies 23, no. 4 (November 2003): 624–48. http://dx.doi.org/10.1111/j.1748-121x.2003.tb00231.x.

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This paper compares ‘property law’ and ‘family law’ approaches to the problems associated with people who share homes, and examines some of the reform suggestions recently made in this field. The differences between property and family approaches are highlighted by recent endeavours of the Law Commission of England and Wales to devise a specifically ‘property law’ response to home-sharing, and those differences lie at the root of many of the difficulties that the Law Commission encountered in developing its abandoned scheme. It is worthwhile identifying and reflecting on those differences in order to ascertain the sort of home-sharers' problems with which each legal regime can cope, and the sort of solution that each is able to offer.

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29

Maclean, M. "Family Dynamics: Contemporary Issues in Family Law." International Journal of Law, Policy and the Family 17, no. 2 (August 1, 2003): 248–49. http://dx.doi.org/10.1093/lawfam/17.2.248.

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30

Kaslow, Florence W. "Family law issues in family therapy practice." American Journal of Family Therapy 17, no. 4 (December 1989): 369–72. http://dx.doi.org/10.1080/01926188908250783.

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31

Kaslow, Florence. "Family law issues in family therapy practice." American Journal of Family Therapy 19, no. 2 (June 1991): 167. http://dx.doi.org/10.1080/01926189108250846.

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32

Plata, Maria Isabel. "Family Law and Family Planning in Colombia." International Family Planning Perspectives 14, no. 3 (September 1988): 109. http://dx.doi.org/10.2307/2947741.

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33

Urwin, J. L. "Family Rights: Family Law and Medical Advance." Journal of Medical Ethics 18, no. 2 (June 1, 1992): 108–9. http://dx.doi.org/10.1136/jme.18.2.108-b.

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34

Rocher, Ludo, and Werner F. Menski. "Modern Indian Family Law." Journal of the American Oriental Society 123, no. 1 (January 2003): 260. http://dx.doi.org/10.2307/3217901.

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35

Sokołowski, Tomasz. "Modern Polish family law." Pravovedenie 65, no. 2 (2021): 183–204. http://dx.doi.org/10.21638/spbu25.2021.204.

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The article describes the main features and elements of Polish family law in all its spheres. Firstly, the system of sources of law is presented, as well as the specifics of the methods of regulating family law are indicated. Attention is focused on the fact that every marriage should be: monogamous, equal, marital, contractual and annullable. In particular, marital equality is a cornerstone of democracy. The constitutional equality of citizens, which is the basis of democracy, is impossible and unattainable when there is any serious inequality between spouses within the family home. Any concept of combining institutional family inequality in the private domestic sphere of the home with the protection of equality of citizens in the public space would sound schizophrenic. In accordance with these legal norms, each couple can freely form their relationships in their family. For example, property relations in the family can be partially changed in accordance with the individual beliefs of the spouses, which are caused by the personal nature of family ties. The author notes that the method of regulating family law relations is somewhat different from the classical, civil law method of regulation, since the norms of family law usually do not provide for the possibility of coercing family members to a certain family behavior. However, the norms do provide for the application of certain sanctions of family law. The autonomy of the method of legal regulation of family law is also based on the fact that some family relations are not always equal — unlike civil law relations — because children are subordinate to their parents. There is an element of administrative law in family law, since parents must protect the well-being of their child, and as a result they are subject to special state control. On the other hand, relations between spouses are always, without any exceptions, based on the principle of equality of mutual rights and obligations of the wife and husband. Further, the following issues are brought to light in the article: the importance of family and marriage, marriage, rights and obligations of spouses, regulation of property relations, the issue of the origin of the child, responsibility of parents, the child protection system, adoption, support, alimony and the obligation to provide maintenance, divorce, separation, and custody of orphans. Particular attention is paid to the influence of the jurisprudence of the European Court of Human Rights on the current evolution of Polish family law.

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36

SURKIS, JUDITH. "5. FAMILY LAW MATTERS." History and Theory 60, no. 2 (June 2021): 347–62. http://dx.doi.org/10.1111/hith.12211.

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37

CHENG, YANG. "FAMILY LAW IN CHINA." "International Journal of Law, Policy and the Family" 1, no. 2 (1987): 248–58. http://dx.doi.org/10.1093/lawfam/1.2.248.

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38

Dewar, J. "Family, law and theory." Oxford Journal of Legal Studies 16, no. 4 (December 1, 1996): 725–45. http://dx.doi.org/10.1093/ojls/16.4.725.

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39

Bowker, Marjorie M. "FAMILY LAW IN CANADA." Family Court Review 7, no. 1 (March 15, 2005): 16–20. http://dx.doi.org/10.1111/j.174-1617.1969.tb00678.x.

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40

Nigel Fricker, Q. C. "FAMILY LAW IS DIFFERENT." Family Court Review 33, no. 4 (March 15, 2005): 403–14. http://dx.doi.org/10.1111/j.174-1617.1995.tb00385.x.

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41

Erickson, Rebecca J., and Ginna M. Babcock. "Men and Family Law:." Marriage & Family Review 21, no. 3-4 (July 12, 1995): 31–54. http://dx.doi.org/10.1300/j002v21n03_03.

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42

Deech, Ruth. "Family Law and Genetics." Modern Law Review 61, no. 5 (September 1998): 697–715. http://dx.doi.org/10.1111/1468-2230.00174.

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43

White, Richard. "Frontiers of Family Law." Child and Adolescent Mental Health 11, no. 1 (February 2006): 60. http://dx.doi.org/10.1111/j.1475-3588.2005.00387_2.x.

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44

Barton, Chris. "Family law, sixth edition." Journal of Social Welfare and Family Law 36, no. 1 (January 2, 2014): 91–92. http://dx.doi.org/10.1080/09649069.2014.887256.

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45

Molokomme, Athaliah. "Disseminating Family Law Reforms." Journal of Legal Pluralism and Unofficial Law 23, no. 30-31 (January 1990): 303–29. http://dx.doi.org/10.1080/07329113.1990.10756432.

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46

Eekelaar, John. "Family Law and Identity." Oxford Journal of Legal Studies 38, no. 4 (2018): 822–40. http://dx.doi.org/10.1093/ojls/gqy030.

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47

Pan, Fangfang. "Family Revolution by Law." NAVEIÑ REET: Nordic Journal of Law and Social Research, no. 9 (December 17, 2019): 61–86. http://dx.doi.org/10.7146/nnjlsr.v1i9.122150.

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The basic function of law is to protect, consolidate and develop social relations and social order that are favorable and suitable for the ruling class (Zhu, 1957). As the first law promulgated (April 13, 1950) after the founding of the People’s Republic of China (PRC, October 1, 1949), the Marriage Law has undergone three major revisions in 70 years. Based on a comparative analysis of the principles and important rules in the four marriage laws, this article studies the entire historical process of Chinese marriage law systematically. By combining amendments of laws with social changes, including party policies (Communist Party of China, CCP), economic systems and family structure, this article displays the intimate relationship between social change, law revision and family revolution in an interdisciplinary manner. The improvement of Chinese marriage law also provides a lens into Chinese lawmakers’ efforts on achieving gender equality, offering special protection for vulnerable groups to pursue substantive justice, protecting personal property and balancing the relationship between individual freedom and family and social stability.

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48

Atkin, W. R. "Family Property Law Reform." Victoria University of Wellington Law Review 25, no. 1 (February 1, 1995): 77–86. http://dx.doi.org/10.26686/vuwlr.v25i1.6225.

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This article sets out some of the recent history of family property reform in New Zealand. The courts, parliament and government bodies have been involved in this process over the past three decades but further reforms are likely. The writer lists a number of considerations which should be borne in mind when reform is considered and then some possible future policy directions are foreshadowed.

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49

Treloar, R., and S. B. Boyd. "Family Law Reform in (Neoliberal) Context: British Columbia's New Family Law Act." International Journal of Law, Policy and the Family 28, no. 1 (February 3, 2014): 77–99. http://dx.doi.org/10.1093/lawfam/ebt017.

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50

Ozzano, Luca. "Adjudicating Family Law in Muslim Courts; Muslim Family Law in Western Courts." Politics, Religion & Ideology 17, no. 4 (October 2016): 453–56. http://dx.doi.org/10.1080/21567689.2016.1265749.

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