Stephen Gilmore

Stephen Gilmore
King's College London | KCL

About

36
Publications
3,944
Reads
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149
Citations
Citations since 2016
21 Research Items
95 Citations
201620172018201920202021202205101520
201620172018201920202021202205101520
201620172018201920202021202205101520
201620172018201920202021202205101520
Introduction

Publications

Publications (36)
Chapter
This chapter considers the civil law remedies which are designed to protect a victim from domestic abuse. The two primary protective orders under Part IV of the Family Law Act (FLA) 1996 are the non-molestation order and the occupation order which can be applied for and obtained in conjunction with each other, or separately. The chapter discusses t...
Chapter
This chapter explores how the family finances are dealt with following the breakup between cohabitants in non-formal relationships. In particular, it considers property law disputes between cohabitants on relationship breakdown and the application of the law of trusts to determine the resolution of such disputes. As these are principles of general...
Book
Gilmore and Glennon’s Hayes and Williams’ Family Law , now in its seventh edition, provides critical engagement with key areas of family law, with detailed, yet accessible, expositions of case law, key legislation, and debates affecting adults and children. The volume includes ‘talking points’ and focused ‘discussion questions’ throughout each chap...
Chapter
This chapter examines the law on legal parenthood (including establishing paternity) and the allocation, acquisition, nature and scope of parental responsibility. The law has had to address a number of questions in light of medical advances and social change. Who is a child’s mother when a woman gives birth to a child conceived as a result of egg d...
Chapter
This chapter addresses the termination of adult relationships, in particular divorce, but also the dissolution of civil partnerships, and the termination of cohabitation. Beginning with a discussion of the history of law on divorce and recent divorce statistics, it goes on to cover the law of divorce under the Matrimonial Causes Act (MCA) 1973, cri...
Chapter
This chapter discusses the law governing child support. Child support is regulated by one or more of several statutes depending on the circumstances: the Child Support Act 1991 (CSA 1991), as amended; Schedule 1 to the Children Act 1989; the Matrimonial Causes Act 1973; and the Civil Partnership Act 2004. The applicability of the CSA 1991 in a part...
Chapter
This chapter introduces some theoretical discussions concerning children’s rights and examines some ‘core’ legal provisions. It also looks at the case law related to which the issue of the legal protection of children’s interests has been explored. The focus is on the child’s right to make his or her own decisions as a possible limitation on parent...
Chapter
This chapter examines the legal mechanisms by which children can be provided with long-term alternative secure family placements: the law on adoption and special guardianship. Topics discussed include: decision-making in relation to adoption; adoption agencies’ role in assessing suitable adoptions; rules relating to parental consent in adoption cas...
Chapter
This chapter examines the legal framework which determines the distribution of money and property between spouses or civil partners on divorce or dissolution. The chapter considers the background to the current law before providing an in-depth analysis of the relevant legislative framework under the MCA 1973 and important case law guiding the court...
Chapter
This chapter examines the law surrounding the formation of the formal relationships of marriage and civil partnership, including the law on nullity. It also explores, by way of contrast, non-formal cohabiting relationships. Topics discussed include void and voidable marriages, sham marriages, forced marriages; the development of gay and lesbian rig...
Chapter
This examines how the courts deal with private law issues or disputes relating to children’s upbringing, such as post-separation residence or contact disputes, or other specific issues, including international child abduction. It begins by setting out some general principles for deciding children cases which are contained in section 1 of the Childr...
Chapter
This chapter examines the relationship between children, parents, and the state, looking at how the law responds to children needing services, care, and protection. Topics discussed include: Part III of the Children Act 1989; the threshold for compulsory intervention in family life based on the concept of ‘significant harm’; protecting children in...
Article
Cambridge Core - Family Law - International and National Perspectives on Child and Family Law - edited by Gillian Douglas
Article
Full-text available
Cambridge Core - Family Law - The Legal Status of Transsexual and Transgender Persons - edited by Jens M. Scherpe
Book
This book is the culmination of a large collaborative project which applies the methodology of judgment re-writing to the context of children's rights. Includes contributions from a range of domestic jurisdictions as well as supranational courts.
Article
This article presents quantitative and qualitative findings of an analysis of 130 domestic family law cases in England and Wales reported in the Family Law Reports in which, as of April 2017, the uncrc had been cited. Data are presented on the scope and frequency of citation of Articles of the uncrc, together with an analysis of the various ways in...
Article
This comment examines Re D (Withdrawal of Parental Responsibility), the first reported Court of Appeal decision on withdrawal of parental responsibility pursuant to section 4(2A) of the Children Act 1989. It demonstrates that the Court overlooked earlier Court of Appeal authority, resulting in tension in the Court's guidance. The comment criticises...
Article
The House of Lords has held that a ‘marriage’ between a man and a male-to-female transsexual person is not valid, while declaring that position incompatible with the Human Rights Act 1998. This article argues that the decision was reached via two inconsistent and unconvincing strands of reasoning, and that there was a failure to reflect the tenor a...
Article
The Court of Appeal’s first engagement with Schedule 1 to the Children Act 1989 endorses, qualifies and amplifies earlier High Court authority, and suggests a method for applying the statute where the parties are affluent to fabulously rich. This article critically examines the court’s reasoning and argues that, while the court’s general guidance i...
Article
A critical examination of the case-law on the specific issue order reveals some uncertainty concerning the nature and scope of the order. On several occasions, judicial encounters with the order have been characterized by (sometimes conflicting) assertions, rather than a systematic and carefully reasoned engagement with its definition. What may be...
Article
This article provides a detailed exposition and critique of the case-law on parental responsibility orders. The analysis reveals some judicial failure to engage with relevant legislation and its underlying policy, and to articulate clear, consistent and just principles. Indirectly these findings add further impetus to the call for parental responsi...
Article
Increased use of child dual residence upon parental separation has been suggested as a response to alleged deficiencies in facilitation and enforcement of contact between children and non-resident parents. The focus of debate has been on whether there should be a presumption of shared residence. Less attention has been paid to evaluating the curren...
Article
The Court of Appeal has held that before a court determines the level of staying contact to be enjoyed by a parent with a child (or when under a shared residence order it defines the number of nights for which the child should reside in one parent’s home and in the other parent’s home), it should not have regard to the impact of its determination u...
Article
This article provides a detailed exposition of the courts’ general approach to deciding an application for a ‘contact order’ in section 8 of the Children Act 1989, and examines how that approach is properly characterised. It is argued that there is no ‘right of contact’, nor is there a rebuttable presumption in favour of ordering contact, although...
Article
This article provides a partial defence of the Court of Appeal’s controversial view in Re R and Re W that there can be concurrent powers to give effective consent to medical treatment in parent and child, and suggests how those cases might be distinguished in a future case. The defence is based on emphasising the distinction between a refusal to co...
Article
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,...
Article
This article considers the implications for legal decision-making of one aspect of research on children’s adjustment to parental separation: the significance for child well-being of maintaining a relationship with both parents, either by way of contact with a non-resident parent or by means of a shared (dual) residence arrangement (known in some ju...
Article
This chapter considers the English Law on parental responsibility in light of attempts to produce a European-wide set of family law principles.

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