Family law

Author: Standley (USA)
Publisher:
Publication Date: 2004-11-01
Features: "The American Legal Library" is one of the projects under the "Presidential Rule of Law Initiative," which aims to translate over 100 books to comprehensively introduce high-level American legal works. It is the largest legal book import project in China to date. The works in "The American Legal Library" will be released to benefit readers. Family law continues to develop rapidly. New statutes, new policies, and an influx of case law continue to present challenges and guidance to family law. Keeping pace with developments and refining family legislation remains an exciting yet arduous task. Since the second edition of this book, many new and significant developments have emerged, particularly the implementation of the Human Rights Act in 1998, which will have a major impact on family law. Although it is widely believed that the divorce law should have been revised long ago, the government has decided not to adopt the proposed amendments to the Divorce Law in Part II of the 1996 Family Law, which is also important. Other significant changes in family law include: emulating the Woolf Civil Procedure Act, introducing new ancillary relief rules, and introducing a financial remedy system in divorce. Family law cases have been continuously emerging. Since the previous edition, case law has seen further important developments, particularly in the House of Lords' consideration of how courts should exercise their powers in ancillary relief in divorce cases in the case of White v. White. Additionally, important cases have emerged in the interpretation of the family violence provisions in Part IV of the 1996 Family Law, the statutory threshold for applying for a care order under the 1989 Children Act, and the defense of consent in the Hague Convention on the Abduction of Children. In addition to the changes that have already occurred, some important changes are expected in the future. For example, radical amendments are proposed for laws on child protection, parental responsibility, and adoption. Given the expanding scope of family law—especially in relation to human rights—and the need to cover many changes in the field in the past and future, I had to reduce some content to accommodate new developments. For example, considering other aspects of legal development, chapters on bankruptcy, undue influence, and family homes have been deleted in this edition. Despite these changes, the purpose of this book remains the same as in the preface to the previous edition, namely to provide a new, clear, and concise exposition of family law. I hope this edition can still maintain the same standard. I understand that some readers prefer to read this book in a more casual manner, but the purpose of this book is to provide a solid foundation in family law, enhance readers' interest, and provide a basis for further study and deeper reflection. For this reason, I have listed reference materials and useful websites at the end of each chapter. I must once again thank my husband and dear friend—John—for his unwavering help and encouragement, and for his preparatory work on the legal and case index for this book. Finally, I dedicate this edition to my past and present family law students. Teaching family law is both challenging and fulfilling, and it is also endlessly enjoyable. I hope they love learning family law as much as I love teaching it. Like the February 2001 edition, I have also made every effort to explain the law in this edition. Kate Standley