Category Archives: Family Law
Clare Ryan, ‘The Public/Private Home’
ABSTRACT Families today are more private and more public than traditional family law doctrine ever envisioned. This Article reveals how many elements of family life, which the law often assumes will occur in public – work, school, social life – have moved into the private sphere of the home. While at the same time, private […]
NeJaime and Joslin, ‘Multiparenthood’
ABSTRACT Family law conventionally treats parenthood as binary: A child has two, and only two, parents. These two parents possess all parental rights and responsibilities, which cannot be shared with others. Their status as parents remains fixed throughout the child’s life. Today, legislatures are explicitly challenging this view. Ten jurisdictions now have multiparent statutes, ie, […]
Patrick Parkinson, ‘The Constitutional Constraints on Altering Property Rights After Relationship Breakdown’
ABSTRACT Section 79(2) of the Family Law Act 1975 (Cth) provides that the court shall not make an order altering property rights unless it is just and equitable to do so. This article argues that s 79(2) is required by the constitutional foundations upon which the power to alter property rights rests. The discretion of […]
Allison Tait, ‘The Haunting of Wealth Law’
ABSTRACT Wealth law is full of ghosts, ghosts everywhere all at once. As a form of both preservation and disruption, a form of continuance as well as a form of interruption, ghosts are reminders of the past in its multiple forms. But they are also figures that prompt consideration of the present as well as […]
Allison Tait, ‘Family Property over Time’
ABSTRACT Family property, as the other chapters in this volume have demonstrated, comes in a variety of shapes, sizes, and forms according to jurisdiction. Legal geography helps map out contours and comparisons with respect to family and marital property and the ‘where’ matters greatly as it shapes the rules. But while space and location play […]
R McKay White, ‘Access to Justice for Victims of Economic Exploitation’
ABSTRACT Research in intimate partner violence (IPV) has established that economic abuse, including economic exploitation, is an important form of IPV that is often used to trap victims in an abusive relationship. Though victims of all types of IPV encounter particular barriers to accessing justice, there are particular issues for those victimized by economic exploitation. […]
‘How Much Is The Lost Chance To Reproduce Worth?’
Dov Fox and Jill Wieber Lens, ‘Valuing Reproductive Loss’, 112 Georgetown Law Journal 61 (2023). Since Dobbs was decided, abortion rights advocates have been nervously looking around the legal landscape wondering what doctrinal domino is likely to fall next. At this very charged moment, Professors Dov Fox and Jill Wieber Lens bravely chose to write […]
Shreya Agarwala, ‘When Sharing Isn’t Caring: Children’s Reputations and Sharenting’
ABSTRACT A picture is worth a thousand words … or likes, or dollars. But is it worth a child’s dignity? Social media’s youngest stars, or kidfluencers, grow up in the eyes of the public. As their parents engage in sharenting, or posting one’s child on social media, the kidfluencers lose their privacy, their capacity to […]
Leslie Katz, ‘In Mrs Gaskell’s Wives and Daughters, were Osborne Hamley and Aimée Scherer Lawfully Married?
ABSTRACT In Wives And Daughters, Osborne Hamley and Aimée Scherer participate in marriage ceremonies both in France and in Germany, possibly followed by a marriage ceremony in England. In this paper, I discuss whether either marriage ceremony conducted on the Continent resulted in a marriage that would have been recognised as valid by English courts. […]
Douglas NeJaime, ‘Parents in Fact’
ABSTRACT The Restatement of Law, Children and the Law, protects a child’s relationship with a ‘de facto parent’ – a person who has ‘established a bonded and dependent relationship with the child that is parental in nature’. De facto parent doctrines are part of a broader category of functional parent doctrines that extend parental rights […]