Family law and the indissolubility of parenthood / Patrick Parkinson.
2011
K670 .P375 2011 (Map It)
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Details
Author
Title
Family law and the indissolubility of parenthood / Patrick Parkinson.
Published
Cambridge ; New York : Cambridge University Press, 2011.
Call Number
K670 .P375 2011
ISBN
9780521116107 (hardback : alk. paper)
0521116104 (hardback : alk. paper)
0521116104 (hardback : alk. paper)
Description
xiv, 286 pages : illustrations ; 24 cm
System Control No.
(OCoLC)671238409
Note
Includes bibliographical references and index.
Record Appears in
Table of Contents
Preface
xi
Part One Family Law and the Meaning of Divorce
1.
Family Law and the Issue of Gender Conflict
3
Fathers, mothers, and the gender war
3
The turmoil in policy about parenting after separation
8
The problem of trench warfare
9
The growth in litigation about parenting
9
Reframing the issues
12
The indissolubility of parenthood and limitations on autonomy
14
2.
The Divorce Revolution and the Process of Allocation
16
The indissolubility of marriage
16
The emergence of no-fault divorce
18
Giving marriages a decent burial
21
The allocation of the children
22
The clean-break principle and the goal of self-sufficiency
25
Child support and parental separation
34
The breakdown of the allocation model and the emergence of the enduring family
36
The divorce revolution and the feminization of poverty
37
The gender war and the enduring family
39
Restructuring the family after separation
41
Part Two Parenthood in the Enduring Family
3.
Redefining Parenthood after Separation
45
The movement toward joint custody in the United States
45
Parenting plans
47
Other linguistic formulations
48
Europe: The continuation of parental responsibility after separation
50
The meaningful involvement of both parents
55
Beyond custody
56
Resolving disputes about parenting decisions in the enduring family
57
The idealization of the postseparation family
61
The good divorce
63
4.
Reasons for the Demise of Sole Custody
66
Changes in community attitudes toward parental responsibility
67
Pressure from fathers
69
The benefits of paternal involvement in the postseparation family
73
Fairness between parents
77
Children's views on time with nonresident parents
79
The counterthrust [–] continuing the preseparation patterns of care
81
The rise of shared parenting laws
90
5.
Shared Parenting: The New Frontier The growth of shared parenting
91
Legislative support for shared parenting
97
The move toward equal time: Developments in the United States
99
The move toward equal time: Developments in Europe
101
Shared care in Australian law
104
Shared parenting and high-conflict families
112
Children's views on equal time arrangements
114
Shared care and traditional parenting arrangements after separation
116
Part Three Parents Forever? Issues about Postseparation Parenting
6.
Violence, Abuse, and Postseparation Parenting
121
Patterns of violence within families
123
The relevance of domestic violence to decision making on parenting after separation
129
Intimate partner violence and legislation on postseparation parenting
133
Presumptions against custody
136
Presumption against unsupervised visitation
138
Differentiating between kinds of family violence
140
Current safety concerns
143
When familial relationships can no longer endure
145
Domestic violence: The need for a bifurcated response
147
7.
Relocation
150
The dilemma of relocation
150
The conflict in legislatures and courts
153
Relocation: Between two meanings of divorce
157
Beyond polarization
162
Relocation and the best interests of the child test
164
Reasons for relocation
166
Should nonresident parents move?
169
Should new partners move?
171
Maintaining a meaningful relationship with the nonresident parent
171
The difficulties of contact
172
The burden of travel
174
Divorce, cohabitation, and the enduring family
175
The risks of relocation
178
Determining public policy on relocation
179
Part Four The Family Law System and the Enduring Family
8.
Dispute Resolution for the Enduring Family
183
Mediation as an alternative to litigation
183
The paradigm shift in family dispute resolution
184
The Australian Family Relationship Centers
187
New approaches to in-court counseling services
193
Competition or partnership? Mediators, lawyers, and the court system
194
9.
Adjudication for the Enduring Family
197
New approaches to adjudication
197
Denmark: The role of County Governors' Offices
201
Reforming the adversarial system
202
Adjudication in families with continuing high conflict
205
Part Five Financial Transfers in the Enduring Family
10.
Child Support and the Obligations of Parenthood
211
Maintaining and creating ties between parents
211
Child support and the divorce revolution
213
Nonmarital families and the indissolubility of parenthood
215
The public role in child support assessment and collection
215
Revenue recovery, supporting children, and parent-child contact
222
Devising formulas [—] the search for principle
225
The "costs" of children
228
The percentage of obligor income approach
229
The income shares approach
230
Community views on calculating the child support obligation
232
Child support and shared parenting
233
Child support and the interdependence of parents
236
11.
Spousal Support and the Feminization of Poverty
238
The divorce revolution and the clean break
238
Role differentiation in the modern family
243
The economic consequences of separation and divorce for men
246
Justifying spousal support in an age of no-fault divorce
248
Reconceptualizing and reviving spousal support
250
Compensation, income sharing, and the decision to end the marriage
255
Spousal support as insurance
258
Spousal support and property division
259
The relationship between child support and spousal support
262
Should spousal support be limited to those who were married?
264
Diverging approaches and the meaning of divorce
264
Part Six The Future of Family Law
12.
Between Two Conflicting Views of Separation and Divorce
269
Abandoning the Judeo-Christian view of marriage
269
Bolshevik Russia revisited
270
Wavering between two opinions
272
The challenge of experience
276
The irretrievable breakdown of divorce policy
277
Toward new policies for the postseparation family
278
Index
281