Divided Parents, Shared Children

There has been much discussion worldwide on parenting after parental separation, especially on the desirability for the children involved of co-parenting and residential co-parenting.
Author(s):
Natalie Nikolina
Series:
European Family Law
Volume:
39
book | published | 1st edition
October 2015 | xii + 232 pp.

Paperback
€58.-


ISBN 9781780683416


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Details

There has been much discussion worldwide on parenting after parental separation, especially on the desirability for the children involved of equally shared care (co-parenting) and the feasibility of legal arrangements in which the children alternate their residence between their parents’ houses (residential co-parenting). Much is unclear about how residential co-parenting affects children and therefore how the legislator and practitioners should deal with this arrangement.

Divided Parents, Shared Children seeks to answer three questions to further understand the phenomenon of co-parenting and to provide the legislator, the courts and parents with possible solutions: What kind of legal framework exists in England and Wales, the Netherlands and Belgium with regard to (residential) co-parenting and what can these countries learn from each other’s legal systems? Does residential co-parenting occur in the countries discussed, and if so how predominant is it? Should these jurisdictions encourage or discourage residential co-parenting through legal action?

To answer these questions, this book uses not only legal data, from both empirical and literature research, but also sociological, psychological and demographic studies into residential arrangements and their effect on children.

Chapters

Table of Contents (p. 0)

Chapter 1. Introduction (p. 1)

Chapter 2. International and European framework (p. 9)

Chapter 3. The English legal system (p. 45)

Chapter 4. The Dutch legal system (p. 81)

Chapter 5. The Belgian legal system (p. 119)

Chapter 6. Socio-psychological aspects of residential co-parenting (p. 157)

Chapter 7. Comparative synthesis (p. 193)

Chapter 8. Conclusions and recommendations (p. 205)

References (p. 211)

Samenvatting (p. 221)

About the author (p. 229)

About the series:

European Family Law

... the European Family Law Series [plays] an important role in informing lawyers across Europe and beyond about developments in other jurisdictions, and in continually assessing the potential for hamonisation in the field.
Brian Sloan in Rabels Zeitschrift 74 (2010)

The European Family Law series is dedicated to the harmonisation and unification of family and succession law in Europe. The series includes comparative legal studies and materials as well as studies on the effects of international and European law making within the national legal systems in Europe.

The series is published under the auspices of the Organising Committee of the Commission on European Family Law:
- Professor Katharina Boele-Woelki (The Netherlands),
- Professor Frédérique Ferrand (France),
- Professor Cristina González Beilfuss (Spain),
- Professor Maarit Jänterä-Jareborg (Sweden),
- Professor Nigel Lowe (United Kingdom),
- Professor Dieter Martiny (Germany) and
- Associate Professor Velina Todorova (Bulgaria).

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