Winner, 2021 Lawrence S. Wrightsman Book Award, given by the American Psychology-Law Society Bridges family law and current psychological research to shape understanding of legal doctrine and policy Family law encompasses legislation related to domestic relationships—marriages, parenthood, civil unions, guardianship, and more. No other area of law touches so closely to home, or is changing at such a rapid pace—in fact, family law is so dynamic precisely because it is inextricably intertwined with psychological issues such as human behavior, attitudes, and social norms. However, although psychology and family law may seem a natural partnership, both fields have much to learn from each other. Our laws often fail to take into account our empirical knowledge of psychology, falling back instead on faulty assumptions about human behavior. This book encourages our use of psychological research and methods to inform understandings of family law. It considers issues including child custody, intimate partner violence, marriage and divorce, and child and elder maltreatment. For each topic discussed, Eve Brank presents a case, statute, or legal principle that highlights the psychological issues involved, illuminating how psychological research either supports or opposes the legal principles in question, and placing particular emphasis on the areas that are still in need of further research. The volume identifies areas where psychology practice and research already have been or could be useful in molding legal doctrine and policy, and by providing psychology researchers with new ideas for legally relevant research.

"[T]he best and most useful social science text I have read in a decadeÖ.It is comprehensive in its research and scope, clearly written and uses excellent case studies and examples to illustrate in simple terms what might otherwise be complex phenomena." --Dr. Tom Altobelli Federal Magistrate, Family Law Courts Sydney, Australia The goal of every family law professional and mental health practitioner is to improve family court outcomes in the best interests of the child. This book will assist readers in meeting this critical goal. Developmental Psychology for Family Law Professionals serves as a practical application of developmental theory to the practice of family law. This book helps family law and mental health professionals gain a broader understanding of each child's unique needs when in the midst of family crisis. It presents developmental theories with which professionals might better assess the developmental needs, synchronies, and trajectories of a given child. Ultimately, this book presents guidelines for making appropriate legal decisions and recommendations for children who have experienced crises such as abuse, neglect, relocation, divorce, and much more. Key topics include: Custodial schedules Foster and adoptive care Post-divorce disputes Termination of parental rights Psychological assessment and diagnosis Incarcerated parents and visitation rights Relocation and "distance parenting" Visitation resistance and refusal/reunification Parental Alienation/alignment and estrangement Theories of cognitive, language, and social development

Forensic Mental Health Professionals have entered the fray of child custody litigation in ways that could not have been predicted even a decade ago. Traditionally engaged as neutral court appointed evaluators or mediators, or as treatment providers for children, parents or families, FMHPs are assuming a range of consulting functions. Services span a wide range, including providing expert testimony on specific content areas; reviewing and critiquing colleague’s work product; providing behind the scenes consultation to attorneys, and even help attorneys manage difficult cases and clients. These more recent services raise questions about sound professional practice. This volume tackles these thorny issues head on, and discusses questions how consultants can work creatively and ethically to make a positive contribution in the challenging world of family law. This book was originally published as a special issue of Journal of Child Custody.

There has been a widespread resurgence of rights talk in social and legal discourses pertaining to the regulation of family life, as well as an increase in the use of rights in family law cases, in the UK, the US, Canada and Australia. Rights, Gender and Family Law addresses the implications of these developments – and, in particular, the impact of rights-based approaches upon the idea of welfare and its practical application. There are now many areas of family law in which rights and welfare based approaches have been forced together. But whilst, to many, they are premised upon different ethics – respectively, of justice and of care – for others, they can nevertheless be reconciled. In this respect, a central concern is the 'gender-blind' character of rights-based approaches, and the ontological and practical consequences of their employment in the gendered context of the family. Rights, Gender and Family Law explores the tensions between rights-based and welfare-based approaches: explaining their differences and connections; considering whether, if at all, they are reconcilable; and addressing the extent to which they can advantage or disadvantage the interests of women, children and men. It may be that rights-based discourses will dominate family law, at least in the way that social policy and legislation respond to calls of equality of rights between mothers and fathers. This collection, however, argues that rights cannot be given centre-stage without thinking through the ramifications for gendered power-relations, and the welfare of children. It will be of interest to researchers and scholars working in the fields of family law, gender studies and social welfare.

I have no doubt that this book will become an invaluable tool for family and children's court judges and magistrates, psychiatrists, psychologists, social workers, police and the many other professionals who work in this field.' The Honourable Alastair Nicholson, former Chief Justice of the Family Court of Australia A ground-breaking, comprehensive, honest, well researched and courageous book that should be essential reading for all politicians and professionals involved in both the Family Court of Australia and state child protection systems.' Emeritus Professor Freda Briggs AO Child abuse in the context of parental separation and divorce is not a malicious allegation, nor a misunderstanding. It is a real and growing problem with very young children as the primary victims. Child Abuse and Family Law draws on pioneering research to identify the causes, features and impact of child abuse in parental separation and divorce. The authors argue that professionals working with these families need to better understand the specific and often severe nature of this abuse to improve outcomes for both the children and their families. The authors develop a much-needed practice framework for all socio-legal professionals involved in the family law system. Using case studies, they take a multi-disciplinary approach to outline strategies for family lawyers, child legal representatives, social workers, child protection workers, psychologists, psychiatrists, health workers and teachers.

Is it better to keep children out of family law conflicts about parenting, or to give them a say? This book integrates the issues with empirical data on the views and experiences of children and other participants in such disputes, suggesting ways that children can better be heard without placing them at the centre of conflicts.

This highly effective guide is designed to help attorneys differentiate expert testimony that is scientifically well-established from authoritative pronouncements that are mainly speculative. Building on the foundation of Jay Ziskin's classic work, this updated text blends the best of previous editions with discussion of positive scientific advances in the field to provide practical guidance for experts and lawyers alike. Major contributors in the field summarize the state of the literature in numerous key areas of the behavioral sciences and law. Working from these foundations, the text provides extensive guidance, tips, and strategies for improving the quality of legal evaluations and testimony, appraising the trustworthiness of experts' opinions, and as follows, bolstering or challenging conclusions in a compelling manner. Distinctive features of this text include detailed coverage of admissibility and Daubert challenges, with unique chapters written by an eminently qualified judge and attorney; hundreds of helpful suggestions covering such topics as forensic evaluations, discovery, and the conduct of depositions and cross-examinations; and two chapters on the use of visuals to enhance communication and persuasiveness, including a unique chapter with over 125 model visuals for cases in psychology and law. More than ever, the sixth edition is an invaluable teaching tool and resource, making it a 'must have' for mental health professionals and attorneys.

The third edition of this work on family law, comprising text, cases and materials, provides not only an explication of legal principle but also explores, primarily from a feminist perspective, some of the assumptions about, and constructions of, gender, sexual orientation, class and culture that underlie the law. It examines the ideology of the family and, in particular, the role of the law in contributing to and reproducing that ideology. Structured around the themes of equality, welfare, and family privacy, the book aims to offer the benefits of a textbook while also giving students a wide-ranging set of materials for classroom discussion. As well as providing a firm grounding in family law, the text sets the law in its social and historical context and encourages a critical approach by students to the subject. It provides an ideal introduction to family law for undergraduates, but will be equally helpful for postgraduate students of family law for whom it provides a challenging selection of materials set within a theoretical framework rich in ideas and arguments. Review of the second edition: 'Diduck and Kaganas examine legal developments to shed light on society, principally by investigating the ways in which family law constructs and regulates family life and responsibilities. Theirs is an important and ambitious book that aims ultimately at a feminist restatement of family law. .... [T]he [book] is written and referenced in such depth that it is a useful resource for legal as well as social science researchers at all levels, whether looking for theoretical inspiration or drawing up a literature review. The range of diverse sources that Diduck and Kaganas draw on is impressive: they seem to have included every bit of material that helps feminists make sense of family law. There is a well-pitched selection of further reading of such material at the end of each chapter. What's more, they undersell themselves by describing their book as "Text, Cases and Materials", because they have woven by far the largest proportion of the cases and materials into the text.' Helen Reece, Times Higher Education, May 2007. Reviews of first edition: 'A stimulating work which attempts to situate family law in its social, historical and political context. Its appeal should not be confined to family law students, as its commitment to a critical and analytical approach offers insights and ideas with broader significance.' Mary Childs, Child and Family Law Quarterly, September 2002 'The arguments are provocative, the analysis is stimulating and the materials amassed strongly support the authors' aim to question the "axiomatic status of what is traditionally designated as the family".' Fiona E Raitt, Infant and Child Development, September 2002 'It is not often that one can say of a textbook in Law that it "makes interesting reading" with quite the enthusiasm that can be expressed for this text. This new publication offers something that few textbooks seem to offer - a book you CAN open up virtually anywhere and find an interesting piece on almost any aspect of the broad family law spectrum.' Penny Booth, The Law Teacher, September 2002 'All the major themes in feminist and constructionist perspectives in family law are presented together with a wealth of readings and extensive references. As a teaching manual, it is excellent - a coherent feminist perspective across the entire range of family law' Marty Slaughter, Feminist Legal Studies, July 2003

Family Law emphasizes the issues and skills most relevant to domestic relations practice. The text employs a novel and dramatic organization with three substantive units that compare the legal treatment of the parent-child relationship vs. adult intimate relationships at stages of formation, regulation, and dissolution. In keeping with the modern reorientation of the field, Family Law reflects the transition "From Partners to Parents" beginning with the creation of parent-child relationship rather than marriage. Its geographical breadth delivers more comparative materials than other texts, using examples from a variety of cultures to provoke "why don't we do this?" considerations. Each student-friendly chapter and section begins with a clear summary of current law that orients the reader before examining legal texts in detail. This structure invites theoretical critique only after a solid foundation is laid. Statutes are core to the text which gives proper emphasis to the vital skill of statutory interpretation in todays practice. Up-to-date material provides more recent cases than any other textbook. With an empirical emphasis, Family Law draws from the significant literature in sociology, psychology, anthropology and other fields so that legal analysis is grounded in real-life application. Focused questions direct students to the heart of the analysis, often using headings before questions to alert readers to the type of analysis required, for example: statutory interpretation, policy, client counseling, and moral theory. Features: Novel organization three substantive units compares legal treatment of parent-child relationship vs. adult intimate relationships considers stages of formation, regulation, and dissolution Reflects modern reorientation of the field in keeping with transition "From Partners to Parents" starts with creation of parent-child relationship rather than marriage Geographical breadth much more comparative material than current texts examples from other cultures lead to "why don't we do this?" considerations Student-friendly organization each chapter and section begins with clear summary of current law orients students before examining legal texts invites theoretical critique after foundation is laid Statutes at the core proper emphasis on the vital skill of statutory interpretation Up-to-date more recent cases than any other textbook Empirical emphasis draws from sociology, psychology, anthropology, and other fields grounds legal analysis in real world application Focused questions direct students to the heart of the analysis use headings to alert students as to the type of analysis required (e.g., statutory interpretation, policy, client counseling, moral theory)

Family Law Update covers all the current issues and relevant opinions pertaining to family law. It brings the most salient information to your fingertips. It is fully comprehensive and concrete, with its broad coverage and multiple sources. Features include: - Comprehensive coverage of all the key topics of marriage and divorce, including economic consequences, child custody, and support issues. - Interdisciplinary materials to explore the complex influences on Family Law drawn from finance, genetics, and demography, clinical pscychology, social history, and legal and policy responses to domestic violence. - Balanced presentation addresses and explores immediate, cutting-edge issues, (such as unmarried cohabitation and home schooling) while still focusing on family and the state, the role of various groups involved in resolving Family Law issues, and the effectiveness of law and instruments of law enforcement. - Skillfully crafted problems immerse students in the real world of Family Law.