The pace of recent developments in child and family law resulting from the industry of policy makers, law reform bodies, legislators, courts, practitioners and scholars in Scotland and around the world has resulted in a wealth of new material requiring discussion in this third edition of Elaine Sutherland’s Child and Family Law.
To afford all areas of child and family law the detailed and authoritative exploration they deserve, this title will now publish in two separate volumes. The content has been divided in accordance with the “life cycle approach”, whereby child and family law is addressed in the order in which we experience life, first as children, then as adults. Volume I will therefore cover Child Law and Volume II will cover Intimate Adult Relationships.
Due to the fact that the law in the area of Intimate Adult Relationships is currently reasonably settled, Volume II of the third edition is publishing first. Volume I: Child Law will publish in due course and will take into account the full impact of the Children (Scotland) Act 2020, as well as potentially the incorporation of the United Nations Convention on the Rights of the Child into Scots law. In addition, there is the prospect of reform of the law on surrogacy and on child protection to be discussed. In each volume, significant legislation is examined in detail alongside the plentiful case law and law reform proposals.
In each volume, significant legislation is examined in detail alongside the plentiful case law and law reform proposals. Throughout Volume II, there is critical appraisal of the extent to which the law recognises diversity in intimate relationships, respects individual choice and affords adequate protection to those who need it.
Key features of Edition 3, Volume II include:
- Comprehensive critical analysis of the common, statutory and case law governing intimate adult relationships in Scotland
- Comprehensive discussion and analysis of domestic abuse protection in Scotland
- Discussion of the law in its historical context
- Extensive discussion of relevant comparative law throughout, with the much-expanded first chapter being devoted to the menu of relationship options around the world
- Exploration of the need for reform and, where appropriate, law reform proposals
Key newer legislation covered in this edition includes:
- Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011
- Domestic Abuse (Scotland) Acts 2011 and 2018
- Marriage and Civil Partnership (Scotland) Act 2014
- Abusive Behaviour and Sexual Harm (Scotland) Act 2016
- Civil Partnership (Scotland) Act 2020
- Children (Scotland) Act 2020
- Domestic Abuse (Protection) (Scotland) Act 2021
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