Forgotten children: work-family reconciliation in the EU

At the core of this article is a discussion of how, why and with what implications, considerations of children’s needs are missing from the EU’s work-family reconciliation framework. Part I demonstrates how the EU has failed to properly identify, let alone acknowledge or promote, children’s interests in relation to work-family reconciliation. An examination of relevant legislation and case law shows how children are ‘missing’ from this policy area, which has huge implications for their day to day lives. Part II then considers the reasons behind, and consequences of, this reluctance to engage with children’s interests in reconciliation laws and shows how children’s well-being could be better incorporated into relevant policies and within the jurisprudence of the Court of Justice. This section highlights, for example, how the EU has been willing and able to promote children’s interests in other legal fields and suggests that changes in the Treaty, post Lisbon, offer a means to improve the current approach.

The 'welfare of the child' in Shari'a law: an analysis of child custody law and practices in Bangladesh from a feminist perspective

The paper seeks to draw attention to some of the recent cases relating to child custody law in Bangladesh where, deviating from orthodox Shari’a rules, courts have looked to ‘the welfare’ of the child in determining which parent shall have custody. In studying the recent ‘welfare of child’ standard that has been advanced by the courts in Bangladesh, the paper aims to explore its implications for Muslim women from a feminist perspective.

Shared parenting, law and policy: considering power within the framework of autopoietic theory

This paper uses the last few decades’ developments in the area of shared parenting to explore power within the framework of autopoietic theory. It traces how, prompted by turbulence from the political subsystem, family law has made several unsuccessful attempts to solve the perceived problem of post-separation dual-household parenting. It agrees with Luhmann and Teubner that closed autopoietic systems’ developments are limited by their normative and cognitive frameworks, and also argues that changes, which have occurred in family law, show that closed social systems do not function in total isolation. It considers power as ego’s ability to limit alter’s choices. In our functionally differentiated society, with its recent proliferation of communication, power appears more diffuse and impossible to plot into causal one-way relationships.