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Borderlines in Private Law

Edited by: William Day, Julius Grower
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Children and Divorce

Stephen GoodeDerbyshire Probation Service

ISBN13: 9781856282789
ISBN: 1856282783
Published: May 1992
Publisher: Routledge
Format: Hardback
Price: Out of print



This book examines the principles and practice in the services provided to children at the time of their parents' divorce and in particular the role of statutory supervision.;The book reviews the inconclusive evidence on the effects of divorce on children and argues that child protection is a continuing theme in the divorce court's jurisdiction over children. This is despite liberalization in the field of divorce and an increasing development of a consensual approach to marital breakdown. Joint decision-making by parents regarding their children's future, as encouraged by court procedures, does not accord with an ill-defined jurisdiction for the protection of children. Although there were some differences between the statutory agencies concerned (Probation or Social Services), the absence of strict qualifying criteria meant that the families concerned tended to be those well-known to social work agencies. What may start as an involvement related to the effects of marital breakdown can progress to an inprecise preoccupation with the child's development. The book questions the unique jurisdiction of the divorce court and attempts to go back to first principles as regards its role with children. The book also provides a wealth of detail with regard to positive influences over children in divorce arrangements.

Contents:
The child in divorce proceedings - divorce law reform and the establishment of social work; divorce court supervision orders - child protectionism or a response to divorce; a social policy for divorce - a case of conflicting values (a theoretical framework and a research design); the family circumstances of children made subject to divorce court supervision orders; divorce and divorce court supervision orders and the nature of supervision provided; divorce court supervision - benevolence or control; the future of domestic supervision and the changing face of social work in family law - child protectionism in a new guise; legal cases cited.