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Shared parenting - a 70% solution
- Authors:
- KAGANAS Felicity, PIPER Christine
- Journal article citation:
- Child and Family Law Quarterly, 14(4), 2002, pp.365-379.
- Publisher:
- Jordan Publishing
In the context of increased litigation over contact, this article examines the debate around proposals for a presumption of 'shared parenting'. It concludes that such a presumption would not achieve the aims of its proponents. Its introduction would also be fraught with practical and doctrinal problems.
Legislating for harmony: partnership under the Children Act 1989
- Editors:
- KAGANAS Felicity, KING Michael, PIPER Christine
- Publisher:
- Jessica Kingsley
- Publication year:
- 1995
- Pagination:
- 179p.,tables,bibliog.
- Place of publication:
- London
Takes a critical and analytical look at partnership under the Children Act 1989.
Regulating emotion: judging contact disputes
- Author:
- KAGANAS Felicity
- Journal article citation:
- Child and Family Law Quarterly, 23(1), 2011, pp.63-93.
- Publisher:
- Jordan Publishing
... All reported cases between 1994 and early 2010 were analysed to identify the discursive strategies used, and examples used to illustrate and contradict the identified themes. The article highlights the use of strategies such as the reliance on harm warrants, the delegitimisation or trivialisation of complaints, and the humiliation or stigmatisation of parents. It goes on to note that, increasingly, contact disputes and their protagonists are pathologised. The problem is constructed by the courts as one of conflict fuelled by the irrationality of dysfunctional parents. The solution, therefore, is seen as the elimination or reduction of conflict. The courts see it as their task to make contact work by managing the emotions of the parties. This they do by means of rebuke and instructing parents to put their feelings aside. In addition, courts are increasingly referring parties for therapeutic interventions and parental education. This article argues that these measures can be oppressive to parents, particularly mothers, and may not have the expected results.
Contact and domestic violence - the winds of change
- Authors:
- KAGANAS Felicity, SCLATER Shelley Day
- Journal article citation:
- Family Law, 30, September 2000, pp.630-636.
- Publisher:
- Jordan
In recent years there has been growing concern about the ways in which contact disputes are managed by professionals and decided by courts in cases involving domestic violence. The concern has developed as a result of an accumulating body of social scientific research about violence to mothers and children. In this article the authors examine developments in the reported decisions about contact. Notes a trend to strengthen the position of non-resident fathers and to deploy persuasive and even punitive measures against recalcitrant mothers.
Responsible or feckless fathers? Re S (Parental Responsibility)
- Author:
- KAGANAS Felicity
- Journal article citation:
- Child and Family Law Quarterly, 8(2), 1996, pp.165-173.
- Publisher:
- Jordan Publishing
While controversy has surrounded the implementation of the Child Support Act 1991 and there has been considerable debate about the financial obligations of fathers, there seems to be a broad consensus that the Children Act 1989 has encapsulated widely accepted norms relating to parenthood generally. Discusses the effects of the Parental Responsibility Order in relations to fathers and the best interest of the child.