This book examines the idea of ‘parental responsibility’ in English law and what is expected of a responsible parent. The scope of ‘parental responsibility’, a key concept in family law, is undefined and often ambiguous. Yet, to date, more attention has been paid to how individuals acquire parental
Responsible Parents and Parental Responsibility
✍ Scribed by Rebecca Probert, Stephen Gilmore, Jonathan Herring
- Publisher
- Hart Publishing
- Year
- 2009
- Tongue
- English
- Leaves
- 369
- Category
- Library
No coin nor oath required. For personal study only.
✦ Synopsis
The scope of 'parental responsibility,' a key concept in family law, is undefined and often ambiguous. Yet, to date, more attention has been paid to how individuals acquire parental responsibility than to the question of the rights, powers, duties, and responsibilities they have once they obtain it. This book redresses the balance by providing the first sustained examination of the different elements of parental responsibility found in English law, bringing together leading scholars to comment on specific aspects of its operation. The book begins by exploring the conceptual underpinnings of parental responsibility in the context of parents' (and children's) rights in England. It then discusses the acquisition, exercise, and ending of parental responsibility. The analysis highlights the inherent constraints and limitations of 'parental responsibility' and how its scope has deliberately been curtailed in certain contexts. The book then considers what parental responsibility allows and requires in specific areas, such as: naming a child, education, religious upbringing, medical treatment, corporal punishment, dealing with any contracts entered into or property owned by the child, representing the child in legal proceedings, consenting to a child's marriage or civil partnership, and the law's response to the death of a child. In the final section, the idea of the 'responsible parent' is considered in the contexts of child support, contact law, tort law, and criminal law.
✦ Table of Contents
Prelims......Page 2
Foreword......Page 6
Preface......Page 8
Contents......Page 10
List of Contributors......Page 12
1 Introduction: Parental Responsibility—Law, Issues and Themes......Page 16
Part I Parental Responsibility: General Issues......Page 36
2 Is Anything Now Left of Parental Rights?......Page 38
3 Establishing and Ending Parental Responsibility: A Comparative View......Page 58
4 The Limits of Parental Responsibility......Page 78
5 The Degradation of Parental Responsibility......Page 100
Part II The Content of Parental Responsibility......Page 118
6 The Shaming of Naming: Parental Rights and Responsibilities in the Naming of Children......Page 120
7 Parental Responsibility and Religion......Page 138
8 Parental Responsibility and Education: Taking a Long View......Page 158
9 Parental Responsibility and Corporal Punishment......Page 180
10 Parental Responsibility and Children’s Health Care Treatment......Page 200
11 ‘Don’t Spend It All at Once!’ Parental Responsibility and Parents’ Responsibilities in Respect of Children’s Contracts and Property......Page 216
12 Children’s Representation by Their Parents in Legal Proceedings......Page 230
13 Parental Responsibility and Children’s Partnership Choices......Page 252
14 Parental Responsibility, Relational Responsibility: Caring for and Protecting Children after their Death......Page 270
Part III Responsible Parenting......Page 286
15 Financial Support for Children after Parental Separation: Parental Responsibility and Responsible Parenting......Page 288
16 Parental Responsibility and the Responsible Parent: Managing the ‘Problem’ of Contact......Page 310
17 Parental Responsibility for Juvenile Offending in English Law......Page 330
18 Parental Liability for Harm Caused by Children: A Comparative Analysis......Page 348
Index......Page 368
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