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Family Law

Nancy Dowd

Family Law

Publication Year

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Full-Text Articles in Law

Book Review: Fifty Years In Family Law: Essays For Stephen Cretney (Rebecca Probert & Chris Barton Eds. 2012), Nancy E. Dowd Aug 2015

Book Review: Fifty Years In Family Law: Essays For Stephen Cretney (Rebecca Probert & Chris Barton Eds. 2012), Nancy E. Dowd

Nancy Dowd

This collection honors the life and work of Stephen Cretney, the preeminent British scholar of family law. For those wanting an entry point into British family law, this is a wonderful volume. For those who know it well and admire the work of Stephen Cretney, as well as the work of this preeminent group of scholars, it will also be of much value as a remarkable group of essays. As an example of life's work that we all might hope to achieve, in many manifestations, but with dedication to the common good, it is a model to which we all …


Multiple Parents/Multiple Fathers, Nancy E. Dowd Nov 2014

Multiple Parents/Multiple Fathers, Nancy E. Dowd

Nancy Dowd

Multiple parents, especially multiple fathers, are a social reality but not a legal category. The assumption that every child has, or should have, two, but only two, parents remains a core operating assumption of family law. Yet at the same time, our knowledge of the existence of multiple fathers, whether birthfathers, stepfathers, psychological fathers or other categories, has found some reflection in cases that have granted some relational rights to fathers who do not fill the single place allotted for "legal father." In this Article, Professor Dowd proposes that it is time to think not if, but how, to recognize …


Foreword - A Dedication To Barbara Bennett Woodhouse, Nancy E. Dowd Nov 2014

Foreword - A Dedication To Barbara Bennett Woodhouse, Nancy E. Dowd

Nancy Dowd

Families and family law are at the cutting edge of social policy. As we navigate through difficult times, we are reminded not only of the importance of families, but also of their vulnerability. The challenge for family law and policy is to remain responsive and relevant. This requires that we confront the realities of families, their needs and issues. We live in times of enormous diversity in family forms. That reality is frightening and worrisome to some, but reminds us that it is how families function, rather than what they look like, that is most important. Embracing function over form …


Parentage At Birth: Birthfathers And Social Fatherhood, Nancy E. Dowd Nov 2014

Parentage At Birth: Birthfathers And Social Fatherhood, Nancy E. Dowd

Nancy Dowd

Deciding who should be a child's legal parents at birth seems a simple task. Instinctively, the answer is the child's biological mother and father. Historically, the answer would have been different depending on whether the child was born within a marriage or not; marriage trumped biology, at least with respect to fathers. A husband was generally presumed to be the father of a child born to his wife, even if there was no genetic connection. A number of changes have moved parentage away from the marital/genetic/patriarchal model that valued the marital family above genes or social fatherhood. Modern principles of …