Papers from an international symposium aimed at identifying best practices in relation to contact... more Papers from an international symposium aimed at identifying best practices in relation to contact disputes and allegations of domestic abuse. The chapters present experiences and strategies adopted in a range of jurisdictions. They were originally published as a special issue of the Journal of Social Welfare and Family Law, Vol 40, issue 4 (2018)
Grandparents’ pressure groups have been campaigning for enhanced legal rights in relation to gran... more Grandparents’ pressure groups have been campaigning for enhanced legal rights in relation to grandchildren. This article examines those campaigns and their outcomes in the context of contact disputes with parents. Although the groups have not achieved their objective of legislative change, it is suggested that they have made gains in other ways. In England and Wales grandparents have been included as significant figures in the new parenting plans and in Scotland there is a new charter for grandchildren. It is argued that grandparent pressure groups have succeeded in establishing an extra-legal norm favouring contact between grandparents and grandchildren. It is suggested that this success cannot be attributed to empirical evidence demonstrating the benefits of such contact; the evidence is not conclusive. Rather it can be attributed to strategies aimed at reconstructing children’s welfare to include ties with grandparents. In addition, the welfare principle has been re-interpreted t...
SURROGATE MOTHERHOOD: INTERNATIONAL PERSPECTIVES This book is a multi-disciplinary collection of ... more SURROGATE MOTHERHOOD: INTERNATIONAL PERSPECTIVES This book is a multi-disciplinary collection of essays from leading researchers and practitioners, exploring legal, ethical, social, psychological and practical aspects of surrogate motherhood in Britain and ...
On 25 January 1994 South Africa's State President signed the new Constitution of the Republic... more On 25 January 1994 South Africa's State President signed the new Constitution of the Republic of South Africa proclaiming a new order founded on the principle of equality.1 As is well known, this historic event was the culmination of four years of extraordinarily difficult negotiations. The text of the Constitution itself is the product of eight months of hard work and, at times, heated debate.2 Because it represents an accommodation between parties whose support had never been tested in a democratic election, it was designed to be temporary and, most importantly, it sets in place a procedure by which a democratically-elected legislature will draft a new constitution after two years. This will have to be accomplished within the framework of thirty-four 'constitutional principles'3 which not only form part of the interim Constitution but also establish the basic principles that must be incorporated in the next one. The very existence of the constitutional principles evidences both the lack of trust between the parties at the negotiating table and the fact that the interim Constitution embodies uneasy compromises. These constitutional principles reflect the baseline: parties would not proceed unless the values listed there were secured. However, both the major parties, the African National Congress and the Nationalist government, made important concessions and, to achieve as inclusive a result as possible, also took cognisance of the interests of numerous other groups. The text of the interim Constitution attests to many detailed pacts concluded in order to resolve contentious issues.
Law and Women's Rights in South Africa: An Overview FELICITY KAGANAS* Brunei, University of ... more Law and Women's Rights in South Africa: An Overview FELICITY KAGANAS* Brunei, University of West London CHRISTINA MURRAY" University of Cape Town I INTRODUCTION South Africa's interim Constitution1 embodies a firm commitment to ensuring equality between women ...
Section 1 What is a family?: law and the family love and marriage the adult-child-state relations... more Section 1 What is a family?: law and the family love and marriage the adult-child-state relationship - reproduction and child-rearing mothers and fathers in law household economics. Section 2 The principles behind the law: equality - dividing the family assets equal status under the Children Act 1989 - parental responsibility the welfare principle a public or private matter - child abuse a public or private matter? domestic violence. Section 3 Reordering family relationships: violence and separation making ends meet divorce - the process and its consequences children in non-marital relationships and financial adjustment on the breakdown of marital relationships decisions about children's upbringing - parental responsibility, the child's wishes and the court child protection.
Papers from an international symposium aimed at identifying best practices in relation to contact... more Papers from an international symposium aimed at identifying best practices in relation to contact disputes and allegations of domestic abuse. The chapters present experiences and strategies adopted in a range of jurisdictions. They were originally published as a special issue of the Journal of Social Welfare and Family Law, Vol 40, issue 4 (2018)
Grandparents’ pressure groups have been campaigning for enhanced legal rights in relation to gran... more Grandparents’ pressure groups have been campaigning for enhanced legal rights in relation to grandchildren. This article examines those campaigns and their outcomes in the context of contact disputes with parents. Although the groups have not achieved their objective of legislative change, it is suggested that they have made gains in other ways. In England and Wales grandparents have been included as significant figures in the new parenting plans and in Scotland there is a new charter for grandchildren. It is argued that grandparent pressure groups have succeeded in establishing an extra-legal norm favouring contact between grandparents and grandchildren. It is suggested that this success cannot be attributed to empirical evidence demonstrating the benefits of such contact; the evidence is not conclusive. Rather it can be attributed to strategies aimed at reconstructing children’s welfare to include ties with grandparents. In addition, the welfare principle has been re-interpreted t...
SURROGATE MOTHERHOOD: INTERNATIONAL PERSPECTIVES This book is a multi-disciplinary collection of ... more SURROGATE MOTHERHOOD: INTERNATIONAL PERSPECTIVES This book is a multi-disciplinary collection of essays from leading researchers and practitioners, exploring legal, ethical, social, psychological and practical aspects of surrogate motherhood in Britain and ...
On 25 January 1994 South Africa's State President signed the new Constitution of the Republic... more On 25 January 1994 South Africa's State President signed the new Constitution of the Republic of South Africa proclaiming a new order founded on the principle of equality.1 As is well known, this historic event was the culmination of four years of extraordinarily difficult negotiations. The text of the Constitution itself is the product of eight months of hard work and, at times, heated debate.2 Because it represents an accommodation between parties whose support had never been tested in a democratic election, it was designed to be temporary and, most importantly, it sets in place a procedure by which a democratically-elected legislature will draft a new constitution after two years. This will have to be accomplished within the framework of thirty-four 'constitutional principles'3 which not only form part of the interim Constitution but also establish the basic principles that must be incorporated in the next one. The very existence of the constitutional principles evidences both the lack of trust between the parties at the negotiating table and the fact that the interim Constitution embodies uneasy compromises. These constitutional principles reflect the baseline: parties would not proceed unless the values listed there were secured. However, both the major parties, the African National Congress and the Nationalist government, made important concessions and, to achieve as inclusive a result as possible, also took cognisance of the interests of numerous other groups. The text of the interim Constitution attests to many detailed pacts concluded in order to resolve contentious issues.
Law and Women's Rights in South Africa: An Overview FELICITY KAGANAS* Brunei, University of ... more Law and Women's Rights in South Africa: An Overview FELICITY KAGANAS* Brunei, University of West London CHRISTINA MURRAY" University of Cape Town I INTRODUCTION South Africa's interim Constitution1 embodies a firm commitment to ensuring equality between women ...
Section 1 What is a family?: law and the family love and marriage the adult-child-state relations... more Section 1 What is a family?: law and the family love and marriage the adult-child-state relationship - reproduction and child-rearing mothers and fathers in law household economics. Section 2 The principles behind the law: equality - dividing the family assets equal status under the Children Act 1989 - parental responsibility the welfare principle a public or private matter - child abuse a public or private matter? domestic violence. Section 3 Reordering family relationships: violence and separation making ends meet divorce - the process and its consequences children in non-marital relationships and financial adjustment on the breakdown of marital relationships decisions about children's upbringing - parental responsibility, the child's wishes and the court child protection.
Uploads
Papers by Felicity Kaganas