Product Description
"You can stop but you cannot take it back." This is how a group of children recently invited by the Council of Europe to discuss positive and non-violent parenting expressed themselves about corporal punishment. Regardless of how badly a parent feels afterwards, some wounds may never heal.For the Council of Europe, children are not mini-persons with mini-rights, mini-feelings and mini-human dignity. They are vulnerable human beings with full rights and they need protection which always takes the best interests of the child into account.Banning all corporal punishment, including within the family, in all its 46 member states is a major concern and commitment for the Council of Europe. The foundation for this commitment is provided by the human rights standards set by various legal instruments, including the UN Convention on the Rights of the Child (ratified by all member states), the European Convention on Human Rights and the European Social Charter and revised Social Charter. ... Read more

Product Description
In family law, contact (or in the United States, visitation) is one of the general terms which denotes the level of contact a parent or other significant person in a child's life can have with that child. Contact forms part of the bundle of rights and privileges which a parent may have in relation to any child of the family. Following ratification of the United Nations Convention on the Rights of the Child in most countries, the term "access" was superseded by the term contact. The terminology reflects a substantive change in the law. A parent is not necessarily any longer entitled to have "custody" of or "access" to a child. Instead, a child may be allowed to reside or have contact with a parent. ... Read more

Product Description
This digital document is an article from Trial, published by Association of Trial Lawyers of America on August 1, 1997. The length of the article is 2864 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

From the supplier: The emotional damages suffered by children who live in abusive households have been largely ignored, especially when custody decisions are being made. However, this is beginning to change with a history of domestic violence considered a factor in custody cases. Mental health services still need to be provided to these children and they should collect damages for the emotional harm. Potential causes of action include bystander emotional distress and marital torts. Law enforcement agencies may also be third-party defendants for damage recovery.

Citation Details
Title: Protecting children's rights in domestic violence cases.(Family Law: The Path to a Better Future)
Author: Angela Carol Robinson
Publication: Trial (Magazine/Journal)
Date: August 1, 1997
Publisher: Association of Trial Lawyers of America
Volume: 33Issue: n8Page: 20(5)

Distributed by Thomson Gale ... Read more

Product Description
Fathers' rights movement. Child custody, Family law, Shared parenting, Best interests, Child support, Paternity fraud, Domestic violence, Child abuse, No-fault divorce, California Child Support Guideline Review, Fathers' rights movement by country, Masculinity, Parental responsibility (access and custody), Save Indian Family. ... Read more

Product Description
Following the implementation of the Human Rights Act 1998, awareness has increased that we live in a rights-based culture and that children constitute an important group of rights holders. Now in its 3rd edition, Children's Rights and the Developing Law explores the way developing law and policies in England and Wales are simultaneously promoting and undermining the rights of children. It reflects on how far these developments take account of children's interests, using current research on children's needs as a template against which to assess their effectiveness and considering a broad range of topics, including medical law, education and youth justice. A critical approach is maintained throughout, particularly when assessing the extent to which the concept of children's rights is being acknowledged by the courts and policy makers and the degree to which the UK fulfils its obligations under, for example, the UN Convention on the Rights of the Child. ... Read more

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Based on official records and reports, relevant secondary sources, and observations of members of the Convention's implementary organ, The Convention on the Rights of the Child describes and evaluates the first international human rights treaty to deal specifically with the rights and freedoms of the child. ... Read more

Product Description
With the divorce rate above 50 percent and climbing, more and more parents are faced with difficult situations involving their children. This book is designed to let parents know their legal rights and to help them understand the court system.

Most parents think that once a decree for support has been ordered, that all is over. However, often that is just the beginning. Getting the support that was mandated, in the amount that was stated, in the manner that was determined necessary and in the time indicated are often major issues that must be continually confronted for the good of the children.

In addition to covering all of the basics, Your Right to Child Custody, Visitation and Support also examines current hot topics such as parental kidnapping, child support enforcement and when one of the parents is in the armed forces. Easy-to-use, blank tear-out forms makes this new edition a must for every person who has children and has gone through or is contemplating a divorce. ... Read more

Customer Reviews (2)

Not your rights, it's your children's rights
Just like a lawyer. Just the facts. No heart or soul. No variation from what Attorney Boland is involved with in her day to day practice. This book does nothing to make a very hard problem any easier to handle.No new information.

great refrence book
This book is great, it has gret reference graphs and legel information along with copies of te legel paper work and it is easy to follow and add your info to use it yourself. I have found this very helpful. ... Read more

Product Description
Recent developments in family law, including, but certainly not limited to same-sex marriage and second parent adoption, make issues surrounding children and their families increasingly popular.This book is a vehicle to teach some of the contested issues without always relying on cases. As a supplemental text, the book provides law students, as well as social welfare or public policy graduate students interested in family relations, with a multifaceted analysis of how families have become the focal point for debate, providing information on how families function as social institutions and how the law interacts with them.It also deepens such students' understanding of things like the meaning of family, the rights and responsibilities of parents, and the best interests and rights of children.About the authors:Professor Joan Catherine Bohl is Professor of Legal Skills at Stetson Law School, currently a visiting professor at Santa Clara Law School.She received her B.A. from Boston University and J.D. from Suffolk University Law School.Professor Bohl served for five years as staff attorney to the Rhode Island Supreme Court, becoming counsel to the Court's Ethics Advisory Panel. She is a nationally-recognized expert on grandparent visitation. Christine Metteer Lorillard is Professor of LAWS (Legal Analysis, Writing, and Skills) at Southwestern Law School in Los Angeles.She received her B.A., M.A., and Ph.D. from UCLA. Professor Lorillard has pursued a strong interest in both Native American and Children's Rights, resulting in nationally-recognized articles on the Indian Child Welfare Act, state adoption law, and determining "Indian" status for federal rights and benefits. ... Read more

Product Description
"Poor Joshua!" lamented Justice Harry Blackmun in his famous dissent. "Victim of repeated attacks by an irresponsible, bullying, obviously cowardly, and intemperate father, and abandoned by respondents who placed him in a dangerous predicament and who knew or learned what was going on, and yet did essentially nothing. . . ." Even so, the Supreme Court, by a 6-to-3 margin, absolved Wisconsin officials of any negligence in a case that had left a young child profoundly damaged for the rest of his life.

Does the Constitution protect children from violent parents? As Lynne Curry shows, that was the central question at issue when Melody DeShaney initially sued Wisconsin for failing to protect her battered son Joshua from her estranged husband, thus violating her son's constitutional right to due process. The resulting case, DeShaney v. Winnebago County (1989), was a highly emotional one pitting the family against the state and challenging our views on domestic relations, child abuse, and the responsibilities-and limits-of state action regarding the private lives of citizens.

The Supreme Court's controversial decision ruled that the Constitution was intended to limit state action rather than oblige the state to interfere in private affairs. It viewed the Due Process Clause as a limitation on the state's power to act, not a guarantee of safety and security, not even for children who depend on the state for their survival. In this first book-length analysis of the case, Curry helps readers understand how considerations of "what should be" are not always reflected in legal reasoning.

Curry brings to light details that have been ignored or neglected and covers both the criminal and civil proceedings to retell a story that still shocks. Drawing on legal briefs and social work case files, she reviews the legal machinations of the state and includes personal stories of key actors: family members, social workers, police officers, child advocates, and opposing attorneys. She then clearly analyzes the majority and dissenting opinions from the Court, as well as reactions from the court of public opinion.

Joshua DeShaney depended on the state for protection but found no satisfaction in the courts when the state failed him. The DeShaney Case offers a much-needed perspective on the dilemmas his predicament posed for our legal system and fresh insight into our ambivalent views of the role that the state should play in our daily lives.

This book is part of the Landmark Law Cases and American Society series. ... Read more

Customer Reviews (1)

Well written account of a tragic case.
I am ashamed to say that I know a few of the people involved in this horrible case.This book is written in a journalistic style, the author depicts the facts with little emotion. She doesn't need to sensationalize the facts, they speak for themselves. I do think the book would've been more powerful if she'd included pictures of Joshua and his abusive father.And the social worker involved.I changed my opinion of some Supreme Court justices after reading this book. The fact that our local social worker'slack of action resulted in leaving an innocent child severely retarded (with half a brain) is so appalling.Someone should be accountable. No one was.Our local police and our local newspaper are also accountable for their support of the errant social worker."Poor Joshua" and shame on you, the State of Wisconsin and it's social workers. ... Read more