This book explores the series of issues that emerge at the intersection of disability, care and family law.

Disability studies is an area of increasing academic interest. In addition to a subject in its own right, there has been growing concern to ensure that mainstream subjects diversify and include marginalised voices, including those of disabled people. Family law in modern times is often based on an "able-bodied autonomous norm" but can fit less well with the complexities of living with disability. In response, this book addresses a range of important and highly topical issues: whether care proceedings are used too often in cases where parents have disabilities; how the law should respond to children who care for disabled parents – and the care of older family members with disabilities. It also considers the challenges posed by the UN Convention on the Rights of Persons with Disabilities, particularly around the different institutional and state responsibilities captured in the Convention, and around decision-making for both disabled adults and children.

This interdisciplinary collection – with contributors from law, criminology, sociology and social policy as well as from policy and activist backgrounds – will appeal to academic family lawyers and disability scholars as well as students interested in issues around family law, disability and care.

chapter |10 pages


ByBeverley Clough, Jonathan Herring

part I|72 pages

Care relations in policy context

chapter 12Chapter 1|18 pages

Disability and care

Theoretical antagonisms revisited
ByBeverley Clough

chapter Chapter 2|20 pages

Mothering, disability and care

Beyond the prison wall *
ByChrissie Rogers

chapter Chapter 3|15 pages

Children care

ByJonathan Herring

chapter Chapter 4|17 pages

Ageing, disability and family life

ByKirstein Rummery

part II|54 pages

Disabled children: interacting with institutional and legal settings

chapter 84Chapter 5|14 pages

Children's understanding of disabilities

BySiân E. Jones

chapter Chapter 6|21 pages

Deprivation of liberty, parental consent and the rights of the child

ByCamilla Parker

chapter Chapter 7|17 pages

Transforming family responsibilities

Children with disabilities, parental responsibility and family life
ByJo Bridgeman

part III|93 pages

Adults and family relationships

chapter 138Chapter 8|17 pages

The exam it is impossible to pass

How disabled parents are at risk of having to prove the impossible in care proceedings
ByMark Higgins

chapter Chapter 9|26 pages

“He got down on one knee”

Intellectual disability, intimacy and family law
ByRosie Harding

chapter Chapter 10|21 pages

Protecting disabled adults from abusive family relationships

Mental capacity, autonomy and vulnerability
ByJaime Lindsey

chapter Chapter 11|27 pages

Law and dementia

Family context and the experience of dementia in old age
ByMargaret Isabel Hall