Private Law Theory

Introduction:
… This article argues that parents should have a legal obligation to share fairly the caregiving responsibility for their children, regardless of whether the parents are married, unmarried, separated, or divorced. Every parent should be obligated “to give care or share,” i.e., to pay compensation to the other parent for any disproportionate and unfair caregiving that occurs. This general obligation should be imposed without delay, despite the fact that the legal solution will be untidy. A broad mandate that a court make “fair” a breach of the obligation to give care or share will allow courts to determine immediately, on a case-by-case basis, the appropriate remedy for each caregiver’s particular situation. A broad mandate will also lay the groundwork for improvements to a complicated area of the law. The claimants’ awards and judicial assessments of “unfairness” can inform the development of future adjudication guidelines …

Merle H Weiner, ‘Caregiver Payments and the Obligation to Give Care or Share’. Villanova Law Review, Vol 59, p135 (2014).

First posted 2014-05-12 12:19:51