The Tort Duty of Parents to Protect Minor Children
The Tort Duty of Parents to Protect Minor Children

Author: Vincent Johnson

Publisher:

Published: 2017

Total Pages: 26

ISBN-13:

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American tort law should recognize the parent-minor child relationship as a “special relationship.” Imposing an affirmative duty on parents to act to prevent serious harm from occurring to their minor children, despite the Restatement (Third) of Tort's refusal to impose such a duty, keeps with public expectations and public policy. The drafters of the Restatement do not recognize such a duty because there is little precedent to support the imposition of affirmative duties on family members. However, despite this dearth of reported cases, American courts should recognize an affirmative duty on the part of parents to aid their minor children to prevent serious harms.The relationship between parents and their minor children fits into the “special relationship” exception to the general no-duty-to-rescue rule and that relationship's status as such is reflected in the law generally and in tort law in particular. Further, public policy supports the notion that American law should recognize that the parent-minor child relation is a “special relationship” warranting the imposition of an affirmative duty to rescue on the parent. Courts should find that the parent-minor child form of familial relation offers a strong case for recognition of an affirmative duty to act.

Responsible Parents and Parental Responsibility
Responsible Parents and Parental Responsibility

Author: Rebecca Probert

Publisher: Bloomsbury Publishing

Published: 2009-05-06

Total Pages: 368

ISBN-13: 1847315054

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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. This title is included in Bloomsbury Professional's Family Law online service.

Children and the Law in Texas
Children and the Law in Texas

Author: Ramona Freeman John

Publisher: University of Texas Press

Published: 1999

Total Pages: 298

ISBN-13: 9780292740518

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Can a girl get an abortion in Texas without her parent's consent? Are parents liable for damages when their teenager crashes the family car into a neighbor's Mercedes? What happens when grandparents help a noncustodial parent hide a child from the parent with legal custody? Ramona John tells it like it is in this non-lawyer's guide to all areas of Texas law affecting children. Using layman's language and a quick-reference, question-and-answer format, she offers expert advice about dealing with lawyers and judges and about using the law to protect and serve children. Texas parents, grandparents, teachers, and health care and social service providers will find this an authoritative guide to their legal rights and responsibilities regarding children.

Child Family and State
Child Family and State

Author: Robert H. Mnookin

Publisher: Aspen Publishing

Published: 2014-02-06

Total Pages: 910

ISBN-13: 1454845554

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A landmark publication in its first edition, this was one of the first books to explore the full range of legal questions relating to children. This casebook presents an outstanding selection of cases and materials that reflect social and historical perspectives, law, and policy. Features:“/p> Life without Possibility of Parole for Persons Who Commit Crimes as Juveniles Graham v. Florida, 130 S. Ct. 2011 (2010) Miller v. Alabama, 132 S. Ct. 2455 (2012) Juveniles' Fourth Amendment Rights Safford Unified School District v. Redding, 557 U.S. 364 (2009) Juveniles Miranda Rights J.D.B. v. North Carolina, 131 S. Ct. 2394 (2011) Juveniles First Amendment Rights Brown v. Entertainment Merchants Assn.,131 S. Ct. 2729 (2011) The purchase of this Kindle edition does not entitle you to receive 1-year FREE digital access to the corresponding Examples & Explanations in your course area. In order to receive access to the hypothetical questions complemented by detailed explanations found in the Examples & Explanations, you will need to purchase a new print casebook.

Not in the Child's Best Interest
Not in the Child's Best Interest

Author: Ron Palmer

Publisher: Ron B Palmer

Published: 2013-05-25

Total Pages: 334

ISBN-13: 1489520562

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You Can Protect Your Children in Divorce You can stop the divorce court from invading your privacy You can stop the illegal family studies You can limit the judges authority to rip your life apart You can stop the personal attacks on your parenting style You can stop the system from hurting your child You can stop the system from making you broke You can learn to protect those you love most The Divorce Industry takes BILLIONS of dollars from our children every single year! STOP THEM NOW! This book will give you the arguments, the legal framework for stopping the divorce custody machine dead in its tracks. This book will show you how to stop giving up your rights to your children. Your children need you in their lives. The most important thing you can do to give your child a future is to remain a full parent in their lives. To retain equal time to show them love and to teach them through your daily example. Children do best in life when they have two fit parents active in their lives. Your right to the care, custody and control over your child is a Fundamental Liberty, just as your right to free speech is, or your right to freedom of religion is a Fundamental Liberty. Your child has the right to associate with you and to have you as a parent, not a visitor, in their life. You and your child have privacy rights in your family life that are between you and your child as individuals. They do NOT come from the marriage, and, if you are a natural parent, they do NOT come from the Government. If you let them, the State will take your rights adn do with them what they please. Knowledge is Power! Know your Rights! Protect Your Children

Kids, the Law, and You
Kids, the Law, and You

Author: Robert Craig Waters

Publisher: North Vancouver, B.C. : International Self-Counsel Press

Published: 1994

Total Pages: 202

ISBN-13: 9780889089396

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Here is what every parent, caretaker, teacher, and social worker needs to know (but is seldom told).This guide answers the tough questions about how the law affects children and explains a parent's rights and responsibilities on everything from child custody to caring for children with serious medical problems, from the rights of biological parents to the rights of adopted children.Anyone who has come in conflict with the police, a spouse, the church, the school board, the medical community, the courts, or the state over a child-related matter will appreciate the straightforward advice this book provides. It includes contact addresses so readers know where to turn if they have specific questions. Plus, it offers advice on how to prepare a child to deal with the stress of giving testimony in court.

The Constitutional Parent
The Constitutional Parent

Author: Jeffrey Shulman

Publisher: Yale University Press

Published: 2014-07-01

Total Pages: 358

ISBN-13: 0300206747

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In this bold and timely work, law professor Jeffrey Shulman argues that the United States Constitution does not protect a fundamental right to parent. Based on a rigorous reconsideration of the historical record, Shulman challenges the notion, held by academics and the general public alike, that parental rights have a long-standing legal pedigree. What is deeply rooted in our legal tradition and social conscience, Shulman demonstrates, is the idea that the state entrusts parents with custody of the child, and it does so only as long as parents meet their fiduciary duty to serve the developmental needs of the child. Shulman’s illuminating account of American legal history is of more than academic interest. If once again we treat parenting as a delegated responsibility—as a sacred trust, not a sacred right—we will not all reach the same legal prescriptions, but we might be more willing to consider how time-honored principles of family law can effectively accommodate the evolving interests of parent, child, and state.

Children, Parents, and the Law
Children, Parents, and the Law

Author: Leslie Joan Harris

Publisher: Aspen Publishing

Published: 2019-09-13

Total Pages: 915

ISBN-13: 1543814743

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This very teachable book is ideal for child-focused courses that deal with the juvenile justice system and the child welfare system or with the legal position of children within their families and society. The Fourth Edition is updated with case law and legislation current through mid-2019, including the Supreme Court’s latest decisions on special education, constitutional limits on punishing minors, new materials on conflicts between parents and state authorities over school curriculum, faith healing, and compulsory vaccination, as well as on the free speech and free exercise rights of students. The chapters on delinquency explore why the new understanding of how and when adolescents mature is revolutionizing the law, and the unit on child abuse and neglect and the child welfare system covers new state and federal legislation, as well as cases from around the country that examine the tension between protecting children’s relationships with their families and protecting them from harm. New to the Fourth Edition: The Supreme Court’s latest special education decisions Cases challenging new, tough legislation eliminating exceptions to vaccination requirements More in-depth examination of the conflict between students’ free speech rights and schools’ anti-bullying initiatives The “Making a Murderer” case as a vehicle for analyzing limits on police interrogation of juveniles Cases exploring how Troxel affects child abuse and neglect cases Professors and students will benefit from: Problem exercises throughout the book—some short and others longer and more complex An interdisciplinary approach that incorporates information from related social sciences such as psychology and sociology Balanced perspective and coverage of issues, with no perceptible liberal or conservative bias in tone or selection of topics Ample coverage of juvenile courts Logical organization and clear structure that make it suitable for a variety of teaching styles Teaching materials include: Teacher’s Manual Sample interim assessment problems