5,051
Views
0
CrossRef citations to date
0
Altmetric
Articles

Presuming the status quo? The impact of the statutory presumption of parental involvement

References

  • Advisory Board on Family Law: Children Act Sub-Committee, 2002. Making contact work: a report to the Lord Chancellor on the facilitation of arrangements for contact between children and their non-residential parents and the enforcement of court orders for contact. London: Lord Chancellor’s Department.
  • Allen, D.W. and Brinig, M., 2011. Do joint parenting laws make any difference? Journal of empirical legal studies, 8 (2), 304–324.
  • All-Party Parliamentary Group on Domestic Violence, 2016. Parliamentary briefing: domestic abuse, child contact and the family courts. London: All-Party Parliamentary Group on Domestic Violence and Women’s Aid.
  • Bainham, A. and Gilmore, S., 2015. The English Children and Families Act 2014. Victoria university of Wellington law review, 46 (3), 627–648.
  • Baker, A. and Townsend, P., 1996. Post-divorce parenting – rethinking shared residence. Child and family law quarterly, 8 (3), 217–227.
  • Barnett, A., 2014. Contact at all costs? Domestic violence and children’s welfare. Child and family law quarterly, 26 (4), 439–462.
  • Barnett, A., 2017. ‘Greater than the mere sum of its parts’: coercive control and the question of proof. Child and family law quarterly, 29 (4), 379–400.
  • Barnett, A., 2020. Domestic abuse and private law children cases: a literature review. London: Ministry of Justice.
  • Brownridge, D., 2006. Violence against women post-separation. Aggression and violent behavior, 11, 514–530.
  • Coy, M., et al., 2012. Picking up the pieces: domestic violence and child contact. London: Rights of Women and CWASU.
  • Department for Education and Ministry of Justice, 2012. Consultation: co-operative parenting following family separation: proposed legislation on the involvement of both parents in a child’s life. London: Department for Education and Ministry of Justice.
  • Family Justice Review, 2011a. Family Justice Review: Interim Report. London: Ministry of Justice, Department for Education and Welsh Assembly Government.
  • Family Justice Review, 2011b. Family Justice Review: Final Report. London: Ministry of Justice, Department for Education and Welsh Assembly Government.
  • Family Law Week, no date. Children’s Minister Clarifies Nature of Proposals for Shared Parenting After Divorce [online]. Available from: http://www.familylawweek.co.uk/site.aspx?i=ed98501 [Accessed 23 December 2020]
  • Fehlberg, B., 2012. Legislating for shared parenting: how the family justice review got it right. Family law, 42 (Jun), 709–713.
  • Fortin, J., Hunt, J., and Scanlan, L., 2012. Taking a longer view of contact: the perspectives of young adults who experienced parental separation in their youth. Brighton: Sussex Law School.
  • Gilmore, S., 2006. Contact/shared residence and child well-being: research evidence and its implications for legal decision-making. International journal of law, policy and the family, 20 (3), 344–365.
  • Gov.uk., 9 Nov 2020. Child Protection at Heart of Courts Review [online]. Available from: https://www.gov.uk/government/news/child-protection-at-heart-of-courts-review [Accessed 23 December 2020]
  • Harding, M. and Newnham, A., 2015. How do county courts share the care of children between parents? London: Nuffield Foundation.
  • Harne, L., 2011. Violent fathering and the risks to children: the need for change. Bristol: The Policy Press.
  • Harrison, C., 2008. Implacably hostile or appropriately protective? Women managing child contact in the context of domestic violence. Violence against women, 14 (4), 381–405.
  • Herring, J. and Powell, O., 2013. The rise and fall of presumptions surrounding the welfare principle. Family law, 43 (May), 553–558.
  • Hester, M. and Radford, L., 1996. Domestic violence and child contact arrangements in England and Denmark. Bristol: The Policy Press.
  • HM Government, 2004. Parental Separation: Children’s Needs and Parents’ Responsibilities (Cmnd). 6273.
  • Holt, S., 2011. Domestic abuse and child contact: positioning children in the decision-making process. Child care in practice, 17 (4), 327–346.
  • Holt, S., 2017. Domestic violence and the paradox of post-separation mothering. British journal of social work, 47, 2049–2067.
  • Holt, S., 2018. A voice or a choice? Children’s views on participating in decisions about post-separation contact with domestically abusive fathers. Journal of Social Welfare and Family Law, 40 (4), 459–476.
  • Holt, S., Buckley, H., and Whelan, S., 2008. The impact of exposure to domestic violence on children and young people: a review of the literature. Child abuse & neglect, 32, 797–810.
  • Hunter, R., 2014. Domestic Violence: a UK Perspective. In: J. Eekelaar and R. George, eds.. Routledge handbook of family law and policy. Oxon: Routledge, 327–342.
  • Hunter, R. and Barnett, A., 2013. Fact-finding hearings and the implementation of the president’s practice direction: residence and contact orders: domestic violence and harm. London: Family Justice Council.
  • Hunter, R., Barnett, A., and Kaganas, F., 2018. Introduction: contact and domestic abuse. Journal of social welfare and family law, 40 (4), 401–425.
  • Justice Committee, 2012. Fourth Report of Session 2012-13: Pre-Legislative Scrutiny of the Children and Families Bill (HC 739).
  • Kaganas, F., 2013. A presumption that ‘involvement’ of both parents is best: deciphering law’s messages. Child and family law quarterly, 25 (3), 270–293.
  • Kaganas, F., 2018. Parental involvement: a discretionary presumption. Legal studies, 38, 549–570.
  • Law Commission, 1986. Family Law: Review of Child Law: Custody (Working Paper No 96).
  • Law Commission, 1988. Family Law: Review of Child Law: Guardianship and Custody (Law Com No 172).
  • McLeod, D., 2018. Coercive control: impacts on children and young people in the family environment. Totnes: Research in Practice.
  • Ministry of Justice, 2020a. Assessing risk of harm to children and parents in private law children cases: implementation plan. London: Ministry of Justice.
  • Ministry of Justice, 2020b. Assessing risk of harm to children and parents in private law children cases: final report. London: Ministry of Justice.
  • Morrison, F., 2015. ‘All over now?’ The ongoing relational consequences of domestic abuse through children’s child contact arrangements. Child abuse review, 24, 274–284.
  • Mullender, A., et al., 2002. Children’s perspectives on domestic violence. London: Sage.
  • Newnham, A. and Harding, M., 2016. Sharing as caring? Contact and residence disputes between parents. Child and family law quarterly, 28 (2), 175–195.
  • O’Grady, M., 2013. Shared parenting: keeping welfare paramount by learning from mistakes. Family law, 43 (Apr), 448–452.
  • Piper, C. and Kaganas, F., 2010. Re L (A Child) (contact: domestic violence). In: R. Hunter, C. McGlynn, and E. Rackley, eds.. Feminist judgments: from theory to practice. Hart: Oxford, 114–133.
  • Radford, L. and Hester, M., 2006. Mothering through domestic violence. London: Jessica Kingsley Publishers.
  • Rhoades, H., 2002. The rise and rise of shared parenting laws: a critical reflection. Canadian journal of family law, 19, 75–114.
  • Rhoades, H. and Boyd, S.B., 2004. Reforming custody laws: a comparative study. International journal of law, policy and the family, 18 (2), 119–146.
  • Secretary of State for Education, Children and Families Bill 2013: Contextual Information and Responses to Pre-Legislative Scrutiny (Cmnd. 8540, 2013).
  • Sturge, S. and Glaser, D., 2000. Contact and domestic violence – the experts’ court report. Family law, 30 (Sep), 615–629.
  • Thiara, R. and Harrison, C., 2016. Safe not sorry. Supporting the campaign for safer child contact. Key issues raised by research on child contact and domestic violence. Bristol: Women’s Aid.
  • Thiara, R.K. and Gill, A., 2012. Domestic violence, child contact and post separation violence: issues for South Asian and African-Caribbean women and children: a report on findings. London: NSPCC.
  • Thiara, R.K. and Humphreys, C., 2017. Absent presence: the ongoing impact of men’s violence on the mother-child relationship. Child & family social work, 22, 137–145.
  • Trinder, L., 2014. Climate change? The multiple trajectories of shared care law, policy and social practices. Child and family law quarterly, 26 (1), 30–50.
  • Victims’ Commissioner, 2018. VC makes 14 recommendations to government in her response to domestic abuse consultation [online]. Historically. Available from: https://victimscommissioner.org.uk/vc-makes-14-recommendations-to-government-in-her-response-to-domestic-abuse-consultation/
  • Women’s Aid, 2016. Nineteen child homicides: what must change so children are put first in child contact arrangements and the family courts. Bristol: Women’s Aid.