Abstract

http://ssrn.com/abstract=1554993
 


 



Responsible Parents and Parental Responsibility


Rebecca Probert


University of Warwick - School of Law

Stephen Gilmore


University of East London - School of Law

Jonathan Herring


University of Oxford - Faculty of Law

May 1, 2009

RESPONSIBLE PARENTS AND PARENTAL RESPONSIBILITY, R. Probert, S. Gilmore and J.J.W. Herring, eds., Hart Publishing, May 2009
Oxford Legal Studies Research Paper No. 26/2010

Abstract:     
This book examines the idea of 'parental responsibility' in English law and what is expected of a responsible parent. The scope of 'parental responsibility', a key concept in family law, is undefined and often ambiguous. Yet, to date, more attention has been paid to how individuals acquire parental responsibility than to the question of the rights, powers, duties and responsibilities they have once they obtain it. This book redresses the balance by providing the first sustained examination of the different elements of parental responsibility, bringing together leading scholars to comment on specific aspects of its operation.

The book begins by exploring the conceptual underpinnings of parental responsibility in the context of parents' and children's rights. The analysis highlights the inherent constraints and limitations of 'parental responsibility' and how its scope has deliberately been curtailed in certain contexts. The book then considers what parental responsibility allows and requires in specific areas, for example, naming a child, education, religious upbringing, medical treatment, corporal punishment, dealing with any contracts entered into or property owned by the child, representing the child in legal proceedings, consenting to a child's marriage or civil partnership and the law's response to the death of a child. In the final section, the idea of the 'responsible parent' is considered in the contexts of child support, contact, tort, and criminal law.

Keywords: Family Law, Parental Responsibility

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Date posted: February 18, 2010  

Suggested Citation

Probert, Rebecca and Gilmore, Stephen and Herring, Jonathan, Responsible Parents and Parental Responsibility (May 1, 2009). RESPONSIBLE PARENTS AND PARENTAL RESPONSIBILITY, R. Probert, S. Gilmore and J.J.W. Herring, eds., Hart Publishing, May 2009 ; Oxford Legal Studies Research Paper No. 26/2010. Available at SSRN: http://ssrn.com/abstract=1554993

Contact Information

Rebecca Probert (Contact Author)
University of Warwick - School of Law ( email )
Gibbet Hill Road
Coventry CV4 7AL, CV4 7AL
United Kingdom
02476 524484 (Phone)
02476 524105 (Fax)
HOME PAGE: http://www2.warwick.ac.uk/fac/soc/law/staff/academic/probert

Stephen Gilmore
University of East London - School of Law ( email )
Longbridge Road
Dagenham, Essex RM8 2AS
United Kingdom
Jonathan J. W. Herring
University of Oxford - Faculty of Law ( email )
New Road
Oxford, OX1 1NF
United Kingdom
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