Child and family law tells us much about how a society operates, since it touches the lives of everyone living in that society. In this volume, a variety of experts examine child and family law in thirteen countries – Australia, Canada, China, India, Israel, Malaysia, The Netherlands, New Zealand, Norway, Russia, Scotland, South Africa and the United States. Each chapter identifies the imperatives and influences that have prevailed to date and offers informed predictions of how it will develop in the years to come. A common chapter structure facilitates comparison of the jurisdictions and, in the introduction, the editor highlights common trends and salient differences. The Future of Child and Family Law therefore provides practitioners, academics and policy-makers with access not just to an overview of child and family law in a range of countries around the world, but also to insights into what has shaped it and options for reform.
• 'Insiders' explain the law, set it in its domestic context and offer insights into how it operates in practice • Country-specific chapters address why the law takes its current approach and how it is likely to develop, thereby providing insights into fresh solutions to common problems • Common format between chapters assist readers in comparing the approaches taken in various jurisdictions • Opening chapter highlights where jurisdictions converge and diverge and sets them in the context of the current debates and literature
Contents
1. Imperatives and challenges in child and family law: commonalities and disparities Elaine E. Sutherland; 2. Australia: the certain uncertainty Frank Bates; 3. Canada: a bold and progressive past but an unclear future Carol Rogerson; 4. China: bringing the law back in Michael Palmer; 5. India: a perspective Anil Malhotra and Ranjit Malhotra; 6. Israel: dynamism and schizophrenia Rhona Schuz and Ayelet Blecher-Prigat; 7. Malaysia: what lies ahead? Noor Aziah Mohd Awal; 8. The Netherlands: the growing role of the judge in child and family law Paul Vlaardingerbroek; 9. New Zealand: the emergence of cultural diversity Bill Atkin; 10. Norway: equal rights at any costs? Tone Sverdrup; 11. Russia: looking back, evaluating the present and glancing into the future Olga A. Khazova; 12. Scotland: the marriage of principle and pragmatism Elaine E. Sutherland; 13. South Africa: changing the contours of child and family law Jacqueline Heaton; 14. The United States of America: changing laws for changing families Marygold Shire Melli.
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