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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. 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, for example, 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.

List of Contributors

Andrew Bainham is a Fellow of Christ’s College Cambridge and Reader in Family Law and Policy at the University of Cambridge. He was a founder member and first chair of the Cambridge Socio-Legal Group. For over a decade he was editor of the International Survey of Family Law, published on behalf of the International Society of Family Law. He is the author of Children: The Modern Law (3rd edn, Jordans, 2005). He is currently consultant to the Centre for Social Justice in connection with its ongoing Family Law Review. He is the author of many articles in the field of family law, the most recent of which is ‘Arguments about parentage’ (2008) 67 Cambridge Law Journal 322. He is the editor of Parents and Children (Aldershot, Ashgate, 2008).

Jo Bridgeman is a Senior Lecturer in Law at the University of Sussex, where she is a founder member of the Child and Family Research Group and the Centre for Responsibilities, Rights and the Law. Her research and publications are in the field of healthcare law and the law regulating the care of children. Jo’s recent monograph Parental Responsibility, Young Children and Healthcare Law (Cam- bridge, Cambridge University Press, 2007) offers a critical analysis of moral, social and legal responsibilities for the healthcare of babies, infants and young children, informed by and developing the feminist ethic of care. This perspective also informs her work on the legal regulation of care, which is developing a conceptual framework of relational responsibility.

Shazia Choudhry is a Lecturer in Law at Queen Mary, University of London, and has also taught at the University of Newcastle (2002 to 2005). Prior to her academic work, she was a practising solicitor. Her areas of expertise and research interests are in family law, the impact of the European Convention on Human Rights on various aspects of family law and the issue of ‘rights’ within family law in general. Shazia has published a number of articles on this subject which have been widely cited both nationally and internationally.

Elizabeth Cooke is a Professor of Law at the University of Reading; her main interests are in property law and family law. The sixth edition of The Family, Law and Society, written with Brenda Hale, David Pearl and Daniel Monk, was published in summer 2008. From July 2008, she is serving for five years as a Law Commissioner for England and Wales.

Paula Giliker is Professor of Comparative Law at the University of Bristol. She has previously taught at the University of Oxford and Queen Mary, University of London. Paula has published extensively in the field of comparative contract and tort law, is the co-author of Tort (3rd edn, Sweet & Maxwell, 2008) and recently edited Re-examining Contract and Unjust Enrichment: Anglo-Canadian Perspec- tives (Leiden, Brill, 2007).

Stephen Gilmore is Lecturer in Family Law at King’s College London. He is particularly interested in the law on parental responsibility and the resolution of parental disputes. Recent publications include: ‘Contact/Shared Residence and Child Well-being: Research Evidence and its Implications for Legal Decision- Making’ (2006) 20 International Journal of Law, Policy and the Family 344; and ‘Disputing Contact: Challenging Some Assumptions’ [2008] 20 Child and Family Law Quarterly 285. He is currently co-authoring the third edition of Hayes and Williams: Family Law, Principles, Policy and Practice (Oxford, Oxford University Press) for publication in 2009.

Lynn Hagger is a Lecturer in Law at the University of Sheffield. Her research interests are in medical law in general and children’s issues in particular. Her publications focus on the empowerment of children through the use of human rights instruments. She is currently writing a book on this theme which is due to be published in June 2009: The Child as Vulnerable Patient: Protection and Empowerment. Her research interests have been greatly assisted by her parallel career in the NHS as a non-executive director for 20 years. She was Chairperson of the Sheffield Children’s Hospital NHS Foundation Trust for nine years until January 2008. Here she established a Clinical Ethics Forum and Patients’ Advisory Group to help to ensure that ethical standards of care were offered to patients and their families.

Jonathan Herring is a Fellow in Law at Exeter College, University of Oxford. He is author of several books, including Criminal Law: Text, Cases and Materials (Oxford, Oxford University Press, 2008); Family Law (Harlow, Pearson, 2007); Medical Law and Ethics (Oxford, Oxford University Press, 2008); and Criminal Law (Basingstoke, Palgrave, 2006). He has also written widely on issues relating to criminal law, family law and medical law. In 2007 he was the George P Smith Distinguished Visiting Professor-Chair at the University of Indiana. He is cur- rently working on a book on family law and human rights (with Shazia Choudhry) and a book on law and older people.

Roger Leng is Reader in Law at the University of Warwick. His work spans the fields of criminal law, evidence and procedure. He is a former editor of the International Journal of Evidence and Proof and has held consultancies with the Law Reform Commission of Canada and the Royal Commission on Criminal Justice. His most recent book (with R Taylor and M Wasik) is Blackstone’s Guide to the Criminal Justice Act 2003 (Oxford, Oxford University Press, 2004).

Daniel Monk is a Senior Lecturer in Law at Birkbeck College, University of London. He has published articles on various issues relating to children’s rights, education law and the sociology of childhood, and is co-author (with B Hale, D Pearl and E Cooke) of The Family, Law and Society (6th edn, Oxford, Oxford University Press, 2008). He is the co-editor (with J Bridgeman) of Feminist Perspectives on Child Law (London, Cavendish, 2000) and (with L Moran and SBeresford) of Legal Queeries (London, Cassells, 1998). He is Assistant Editor of Child and Family Law Quarterly.

Rebecca Probert is a Senior Lecturer at the University of Warwick, teaching family law and child law. She has just completed a book on the Clandestine Marriages Act of 1753—Marriage Law and Practice in the Long Eighteenth Century: A Reassessment—which is due to be published by Cambridge University Press in 2009. She is also co-author (with J Masson and R Bailey-Harris) of Cretney: Principles of Family Law (London, Sweet & Maxwell, 2008), editor of Family Life and the Law: Under One Roof (Aldershot, Ashgate, 2007) and co-editor (with Jo Miles) of Sharing Lives, Dividing Assets: An inter-disciplinary study (Oxford, Hart, 2009).

Helen Reece is a Reader in Law at Birkbeck College, University of London. Her current research interests include conceptions of responsibility in the context of the family. She is the author of Divorcing Responsibly (Oxford, Hart, 2003). Other recent publications include ‘From Parental Responsibility to Parenting Responsi- bly’ in Michael Freeman (ed), Law and Sociology: Current Legal Issues (Oxford, Oxford University Press, 2006) and ‘The Autonomy Myth: A Theory of Depend- ency’ (Review article) [2008] 20 Child and Family Law Quarterly 109.

Caroline Sawyer is Reader in Law at Oxford Brookes University. Her research interests include issues of legal competence and legal personality, especially of children and non-nationals. She is currently working on statelessness and British citizenship as well as the legal status of children.

Jens M Scherpe is a Fellow of Gonville and Caius College Cambridge, and a University Lecturer in Law at the University of Cambridge, where he teaches comparative law and family law. Previously he was Research Fellow and Head of the Department for the Law of the Nordic Countries at the Max Planck Institute for Comparative and Private International Law in Hamburg. He is a member of the International Advisory Board of the Zeitschrift für das gesamte Familienrecht (FamRZ) and member of the Wissenschaftliche Vereinigung für Familienrecht eV.

Rachel Taylor is Penningtons Tutor in Law at Christ Church, University of Oxford. Her research interests are in Family Law and Human Rights Law. Recent publications include: ‘Reversing the Retreat from Gillick? R (Axon) v Secretary of State for Health’ [2007] 19 Child and Family Law Quarterly 81 and (with Jonathan Herring) ‘Relocating Relocation’ [2006] 18 Child and Family Law Quarterly 517.

Julie Wallbank is a Senior Lecturer in Law at the School of Law, University of Leeds. Her areas of expertise and research interests are family law, feminist legal theory and gender and the law. She has written widely on gendered aspects of family law, including the regulation of reproductive technologies, child support and contact.

Nick Wikeley has been a Judge of the Administrative Appeals Chamber of the Upper Tribunal since November 2008 and is an Emeritus Professor at the University of Southampton. His books include Child Support in Action (Oxford, Hart, 1998), with Gwynn Davis and Richard Young) and Child Support Law and Policy (Oxford, Hart, 2006). He was one of the authors of the report on the ‘Relationship breakdown and child support study’ (DWP Research Report No 503, 2008).

Contents
Foreword v Preface vii List of Contributors xi
1 Introduction: Parental Responsibility—Law, Issues and Themes 1 STEPHEN GILMORE, JONATHAN HERRING AND REBECCA
PROBERT
Part I Parental Responsibility: General Issues 21 2 Is Anything Now Left of Parental Rights? 23
ANDREW BAINHAM
3 Establishing and Ending Parental Responsibility: A Comparative
View 43
JENS M SCHERPE
4 The Limits of Parental Responsibility 63 STEPHEN GILMORE
5 The Degradation of Parental Responsibility 85 HELEN REECE
Part II The Content of Parental Responsibility 103
6 The Shaming of Naming: Parental Rights and Responsibilities in
the Naming of Children 105
JONATHAN HERRING
7 Parental Responsibility and Religion 123 RACHEL TAYLOR
8 Parental Responsibility and Education: Taking a Long View 143 DANIEL MONK
9 Parental Responsibility and Corporal Punishment 165 SHAZIA CHOUDHRY
10 Parental Responsibility and Children’s Health Care Treatment 185 LYNN HAGGER
11 ‘Don’t Spend It All at Once!’: Parental Responsibility and
Parents’ Responsibilities in Respect of Children’s
Contracts and Property 201
ELIZABETH COOKE
x Contents
12 Children’s Representation by Their Parents in Legal
Proceedings 215
CAROLINE SAWYER
13 Parental Responsibility and Children’s Partnership Choices 237 REBECCA PROBERT
14 Parental Responsibility, Relational Responsibility: Caring for
and Protecting Children after their Death 255
JO BRIDGEMAN
Part III Responsible Parenting 271
15 Financial Support for Children after Parental Separation:
Parental Responsibility and Responsible Parenting 273
NICK WIKELEY
16 Parental Responsibility and the Responsible Parent: Managing
the ‘Problem’ of Contact 295
JULIE WALLBANK
17 Parental Responsibility for Juvenile Offending in English Law 315 ROGER LENG
18 Parental Liability for Harm Caused by Children: A
Comparative Analysis 333
PAULA GILIKER
Index 353
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