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Responsible Parents and Parental Responsibility

Edited by: Rebecca Probert, Stephen Gilmore, Jonathan Herring

ISBN13: 9781841138800
Published: May 2009
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £80.00

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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 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, 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. 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, eg, 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, tort, and criminal law.

Family Law
1 Introduction: Parental Responsibility-Law, Issues and Themes STEPHEN GILMORE, JONATHAN HERRING AND REBECCA PROBERT

Part I Parental Responsibility: General Issues
2. Is Anything Now Left of Parental Rights? ANDREW BAINHAM
3. Establishing and Ending Parental Responsibility: A Comparative View JENS M SCHERPE
4. The Limits of Parental Responsibility STEPHEN GILMORE
5. The Degradation of Parental Responsibility HELEN REECE

Part II The Content of Parental Responsibility
6. The Shaming of Naming: Parental Rights and Responsibilities in the Naming of Children JONATHAN HERRING
7. Parental Responsibility and Religion RACHEL TAYLOR
8. Parental Responsibility and Education: Taking a Long View DANIEL MONK
9. Parental Responsibility and Corporal Punishment SHAZIA CHOUDHRY
10. Parental Responsibility and Children's Health Care Treatment LYNN HAGGER
11. 'Don't Spend It All at Once!': Parental Responsibility and Parents' Responsibilities in Respect of Children's Contracts and Property ELIZABETH COOKE
12. Children's Representation by Their Parents in Legal Proceedings CAROLINE SAWYER
13. Parental Responsibility and Children's Partnership Choices REBECCA PROBERT
14. Parental Responsibility, Relational Responsibility: Caring for and Protecting Children after their Death JO BRIDGEMAN

Part III Responsible Parenting
15. Financial Support for Children after Parental Separation: Parental Responsibility and Responsible Parenting NICK WIKELEY
16. Parental Responsibility and the Responsible Parent: Managing the 'Problem' of Contact JULIE WALLBANK
17. Parental Responsibility for Juvenile Offending in English Law ROGER LENG
18. Parental Liability for Harm Caused by Children: A Comparative Analysis PAULA GILIKER