Table of Contents
Preface v
Table of Cases xv
Table of Legislation xxi
1 The Ties that Bind? 1
I Introduction 1
II Care and Caring 4
A An 'Ethic of Care' 4
B Meanings of 'Care' 5
III Legal Obligation 8
A Obligation as Duty 8
B Obligation as Remedy 11
C The Nature of Family Obligation 12
IV Obligation as a Social Norm 15
V The Concept of Commitment 18
A Commitment in Legal Discourse 18
B Commitment in Family Law Policy 22
C Commitment as a Social Concept 23
VI The Rationale for Obligations Upon Family Members 28
A Causation 29
B Mutual Commitment 30
C Relationship-generated Loss and Gain 31
VII Obligation or Commitment 32
2 Family Change and Individual Commitment 35
I Family Changes 35
II A Demographic Picture 36
A Forming 'a Family' 37
B Birth and Family Size 42
C Households 45
D The Ending of Relationships 45
E Lone-parent Families 49
F Economic Activity 51
III From the Family to the Individual 59
A Form, Role and Gender 59
B Capitalism and Family Function 60
C Individualism and Individualisation 64
IV Change and Commitment 68
3 To Have and To Hold 70
I Compelling Cohabitation 70
II The Concept of Consortium 71
III The Suit for Restitution of Conjugal Rights 76
A The Basis of the Action 76
B The Ostensible Purpose of the Decree 78
C The Effect of the Decree after 1884 82
D The Tactical use of the Suit 85
E Abolition of the Suit 90
IV The Modern 'Duty' of Cohabitation 94
V Marriage as Personal Commitment 96
4 A Clean Break 98
I A Duty to Maintain 98
II Maintenance During Marriage 99
A A Direct Right to Seek Maintenance 100
B Is there Still an Obligation to Maintain a Spouse During Marriage? 104
III Post-Divorce Maintenance and the Clean Break 106
A Financial Remedies before the Matrimonial Proceedings and Property Act 1970 106
B Assessment of Maintenance 108
C The Modern Law 114
IV Triumph of the Clean Break? 128
5 Can't Pay? Won't Pay] 130
I Duty to State, Mother or Child? 130
II Limiting the Burden on the State 131
A The Poor Law 131
B The Problem of 'Bastardy' 133
III Protecting the Position of Mothers 134
A The Direct Claim for Maintenance 134
B Quantum 137
C Provision for Children Born Outside Marriage 141
D Duration of Provision for Children 145
IV Supporting the Child 146
A Replacing the Courts 146
B Reforming Child Support 151
C Family-based Arrangements 154
D Collection and Enforcement 157
V A Culture of Non-Compliance 159
6 Parenthood is for Life 161
I Obligation or Right? 161
II Paternal Right and Maternal Concession 164
A The Purpose and Benefits of a Custody or Access Order 165
B The Welfare of the Child 167
III A Right of Both Parents 168
A Splitting Rights 170
IV A Right of the Child 172
A Access and the Welfare of the Child 174
V A Parental Responsibility 176
A A Duty to Facilitate Contact 177
B 'Implacable Hostility' or Legitimate Fear? 178
C Contact and Commitment 180
VI Enforcing Contact 181
A Enforcing an Obligation to Allow Contact 181
B Enforcing an Obligation to Maintain Contact? 185
VII A Presumption of Continuing Parental Involvement 186
A 'Involvement' 188
VIII An Obligation to be 'Involved'? 190
7 Who Cares? 192
I Care-Giving as an Obligation 192
II Care-Giving as a Claim to a Remedy 194
A Care as Contribution in a Marriage 197
B Care, Commitment and Cohabitation 201
III Caring Relationships 207
A What is Meant by 'Caring'? 209
B What is a Caring 'Relationship'? 213
C The Rationale for Recognition 217
IV Recognition of Caring Relationships, or Recognition of Care? 219
8 The Law of Family Obligations 222
I Care, Obligation and Commitment 222
II Altruism, Family Obligation and Non-Justiclability 224
A Family Morality and Religious Duty 224
B Law Reform and Obligation 226
C The Sphere of the Emotions 228
III The Gendered Legal Approach to the Family Unit 231
IV Obligations and Commitments in Family Law 235
A Laissez-faire Family Law? 237
B Remedial Family Law 240
C Caring Relationships 243
D 'Family-based' Remedies 245
V Obligation and Commitment 246
Bibliography 249
Index 265
