Cookies remember you so we can give you a better service online. By using this website or closing this message, you are agreeing to our Cookies notice.

  • Child and Family Law Quarterly
Thumb confirmation email image

Have you tried Family Law Online?

Have all of your Family Law resources at your fingertips. Includes PracticePlus - the essential integrated resource

Find out more
Thumb sponsor 53712896 illustration

Sponsor an event

Branding opportunities start from as little as £250

Find out more
Family Law Calendar FL Calendar

You too can add your events here

See what's on this month
The Family Court Practice 2015 (Red Book) Family Court Practice 2015

Out Now

Find out more

Child and Family Law Quarterly


"The final professional word for the practitioner in family and child law"

Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers

Bookmark and Share
Paperback (plus free ePDF of each issue) i

Book printed softcover

Available Online
Child and Family Law Quarterly (CFLQ) contains essential articles and comment on all aspects of family and child law and is available as an online or print subscription.

We are offering the journal in ePDF format for free when you purchase and maintain a print subscription, making the content easier to access. Find out more.

To arrange your FREE 14-day trial to the online service or to find out how a print or online subscription to Child and Family Law Quarterly will benefit your day-to-day work call our account management team today on +44 (0)117 918 1555 or email them at
Edited by leading family law academics, supported by a distinguished editorial board and peer reviewed for excellence, this is an invaluable resource for all practitioners, academics and policy makers both in the UK and abroad.

It provides a unique multi-disciplinary forum for the publication of high quality research material, analysis and commentary and is at the very heart of the debate of all prominent developments in family law today.

It covers such matters as:

  • International family law
  • Child protection
  • Adoption
  • Child support
  • Family finance and property
  • Divorce reform
  • Education
  • Evidence
  • Human rights
  • Welfare benefits
  • Immigration issues
  • Parentage and parental responsibility
Subscribe to Child and Family Law Quarterly and receive:

  • In depth articles written by experts for all relevant disciplines
  • Detailed case commentaries on significant court decisions
  • Latest research findings discussed and analysed in cutting edge reports
  • Four issues a year discussing all important developments with a strong international dimension
Each issue also includes detailed commentaries on significant court decisions which will be invaluable to practitioners and academics alike.

2015 Subscription Information
£215.00 inc print plus a FREE ePDF of each issue
(Postage costs - mainland UK p&p free, non mainland UK p&p + £12.00)
ISSN 1358-8184
4 issues per year
Annual subscription period runs January - December
Vol 27, No 3 [2015]

Special Issue: Family Solidarity

  • Solidarity, autonomy and equality: mixed messages for the family?
    Anne Barlowk
  • Family solidarity and the mind-set of private law Tone Sverdrup
  • Substantive parenting arrangements in the USA: unpacking the policy
    choices Margaret F Brinig
  • Fostering family law norms through educational initiatives Marsha Garrison
  • Parenting in step-parent families: legal status versus de facto roles
    M V Antokolskaiak
  • Intergenerational solidarity and elder care in the Low Countries
    Frederik Swennen and Lore Verhaert

Case Commentary

  • Cohabitants, detriment and the potential of proprietary estoppel: Southwell
    v Blackburn [2014] EWCA Civ 1347 Andy Hayward

Book Reviews

  • After Legal Equality: Family, Sex, Kinship, Robert Leckey (eds) Rob George
  • Children: The Modern Law, Andrew Bainham and Stephen Gilmore
    Maebh Harding

Books Received

"It has been 25 years since the “Child and Family Law Quarterly” first appeared and in that time the journal has achieved pre-eminence as one of the leading authorities in Family Law both within the United Kingdom and internationally because the issues are often of global significance and application ... The value of “Child and Family Law Quarterly” lies in its depth, its currency and that special blend of both its practical and the academic aspects which give our professional advice just that extra bit of expertise to keep us at the top of our game ... The Quarterly is a publication that you cannot afford to ignore today as the complexities of family law deepen with the necessary reforms which are taking place nationally and internationally… and you cannot afford to be without it!"
Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
Read the full review
Watch the full review

Gillian Douglas, Professor of Law, Cardiff Law School, Cardiff University
Jonathan Herring, Professor of Law, Exeter College, Oxford
Rebecca Probert, Professor of Law, University of Warwick
Case-Law Editor
Stephen Gilmore, Senior Lecturer in Family Law, King’s College London
Assistant Editor
Jo Miles, Fellow in Law, Trinity College, Cambridge
Daniel Monk, Reader in Law, Birkbeck College, London
Book Reviews Editor
Ruth Lamont, Lecturer in Law, University of Manchester
Editorial Board
Rebecca Bailey-Harris, Barrister and Professor Emeritus, University of Bristol
Tim Bateman, Reader in Youth Justice, University of Bedfordshire
Lady Justice Black, Court of Appeal
Baroness Deech of Cumnor
Jane Fortin
, Emeritus Professor of Law, Sussex Law School, University of Sussex
Baroness Hale of Richmond, Justice of the Supreme Court
Mary Hayes, Emeritus Professor of Law, University of Sheffield
Joan Hunt, Senior Research Fellow, University of Oxford
Rosemary Hunter, Professor of Law, Kent Law School, University of Kent
Nigel Lowe, Professor of Law, Cardiff Law School, Cardiff University
Alistair MacDonald QC
Mavis Maclean, Senior Research Fellow, University of Oxford
Sir James Munby, The President of the Family Division
Neil Perot, Solicitor
Christine Piper, Professor of Law, Brunel University

Journals Manager

Matthias Mueller

Subscriptions Enquiries
Tel: +44 (0)117 918 1492

Vulnerability and capacity to consent to sex – asking the right questions?

Beverley Clough

Vulnerability – Mental Capacity Act 2005 – consent to sex – sexual autonomy – capabilities

The burgeoning body of literature seeking to conceptualise vulnerability has provoked new and interesting perspectives for legal and ethical debates. Commentators are beginning to explore the potential for vulnerability theories in various contexts and to challenge prevailing attitudes and accepted beliefs in doing so. This article seeks to add to this growing body of discourse by examining the recent legal developments in the context of capacity to consent to sexual relations. It will be suggested that, viewed through the lens of vulnerability, the current judicial approach takes a narrow, individualised stance which obscures many of the situational and relational dynamics which interact and shape the landscape of consent to sexual relations. Moreover, and perhaps more importantly, it is argued that the current legal response here does not facilitate resilience and sexual autonomy, despite judicial statements to the contrary. Through uncovering the situational and pathogenic factors which are otherwise obscured by an approach hinging on the concept of mental capacity, the vulnerability approach opens up space for debates about the appropriate legal response to foster resilience and capabilities.


Emerging theories on vulnerability have the potential to reinvigorate legal and ethical discourse in various contexts, inviting a shift in thinking away from vulnerability as a characteristic inherent in certain individuals, towards seeing it as a universal concern which impacts on all human beings.1 As Susan Dodds puts it:
‘Attention to vulnerability . . . changes citizen’s ethical relations from those of independent actors carving out realms of rights against each other and the state, to those of mutually-dependent and vulnerable-exposed beings whose capacities to develop as subjects are directly and indirectly mediated by the conditions around them.’

This renewed focus on the universal nature of vulnerability provides the basis for arguments against traditional liberal and individualistic understandings of autonomy as non-interference, and instead pays heed to the fundamental role of relational and situational dynamics in facilitating autonomy and resilience.

Read the full article
Contributors are advised to read the submission guidance on the inside back cover of the journal before submitting their material. More detailed guidance is available via the submissions website. Contributors should note that this is a refereed journal.

Open Access policy
Our Open Access policy is fully compliant with policies of both the Higher Education Funding Council for England (HEFCE) and Research Councils UK (RCUK) guidelines. For details, please consult the Open Access tab.

Research repositories
Child and Family Law Quarterly is now available on the Social Science Research Network (SSRN) and HeinOnline. SSRN is devoted to the rapid worldwide dissemination of social science research. HeinOnline is a premier online research product with more than 70 million pages of legal history available in an online, fully-searchable, image-based format.

Journals Manager
Further guidance may be sought from the Journals Manager if necessary.

Matthias Mueller
Tel +44 (0) 117 918 1529

The expert content of the journal can also be accessed via our online platform
and through PracticePlus - the essential integrated resource.

– Generate PDF versions of on-screen content to print, download or store offline

Up-to-date content at the click of a button
– Fully searchable database of articles back to 1995

Time saving features
– Indexing, search filters and PracticePlus (the integrated resource) gets you to the information you need faster - forms, precedents, cases and commentary

News and Comment (NEW)
– Access content from our website from within your online service

Ability to build your own bespoke package
– Mix and match Family Law modules (journals, reports and major works) or subscribe to the entire service

See the benefits for yourself, sign up for a FREE online trial or call +44(0)117 918 1555 today.
Advertising in the journal will allow you to position your organisation at the forefront of the legal market and showcase your expertise and services to new clients. For information about the range of opportunities available please:

call: +44 (0)117 918 1555
Open Access policy

Jordan Publishing Ltd is pleased to announce the implementation of a new Open Access policy. Although we primarily publish reference works, we do publish an important scholarly journal, Child and Family Law Quarterly (CFLQ), as part of our portfolio. We are sensitive to the fact that academic authors considering submission to CFLQ are affected by new funding and open access rules, and we wish to support them by removing any barriers to their submitting articles to the journal.

Our Open Access policy is therefore fully compliant with policies of both the Higher Education Funding Council for England (HEFCE) and Research Council UK (RCUK) guidelines. As of 29 July 2014, for new, qualifying article submissions, we will offer a “Green OA” option for authors’ articles upon acceptance. Authors will pay no publication fee, and we will make a copy of the peer reviewed manuscript (“post print”) freely available on the Web after an embargo period consistent with the author’s funding agency’s requirements, under a Creative Commons Attribution-NonCommercial (CC-BY-NC) licence. We will also deposit article metadata on behalf of the author as necessary in

Download the statement in full here.

Have a question about this product? Please get in touch by completing the boxes below.

You may also like

Family Law


"the principal (monthly) periodical dealing with contemporary issues" Sir Mark Potter P

from £49.00 More Info
Available in Family Law Online
Family Law Reports

Family Law Reports

"The unrivalled and authoritative source of judicially approved case reports, covering all areas...

from £158.00 More Info
Available in Family Law Online

DIY Divorce and Separation

The expert guide to representing yourself

If you are looking to represent yourself in court this book will de-mystify the legal process and...

from £13.50 More Info