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  • Child and Family Law Quarterly
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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

Paperback (plus free ePDF of each issue) i

Book printed softcover

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* Call 0117 917 5100 to find out more about online services

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 sales@jordanpublishing.co.uk

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.

Vol 27, No 4 [2015]

  • Myths and misunderstanding in adoption law and policy Julie Doughty
  • Intercountry adoption and the best interests of the child: The Hague
    Convention of 1993 and the importance of bonding Lara Walker
  • How do judges decide international relocation cases? Rob George
  • Land reform, inheritance rights and unintended consequences Dot Reid and
    Nicole Sweeney
  • The right of the child to be heard? Professional experiences for child care
    proceedings in the Irish District Court Aisling Parkes, Caroline Shore, Conor
    O’Mahony and Kenneth Burns

Case Commentary

  • Judging children’s rights and the benefit cap: R (SG and Others) v
    Secretary of State for Work and Pensions Kathryn Hollingsworth

Book Reviews

  • International Surrogacy Arrangements: Legal Regulation at the International
    , K Trimmings and P Beaumont (eds) Emma Walmsley and Amel
  • The Hague Child Abduction Convention: A Critical Analysis, Rhona Schuz
    Ruth Lamont
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 School of Law and Politics, Cardiff University
Jonathan Herring
, Professor of Law, Exeter College, Oxford
Rebecca Probert
, Professor of Law, University of Warwick
Case-Law Editor

 Stephen Gilmore, Professor of Family Law, King’s College London

 Assistant Editor

 Jo Miles, Fellow in Law, Trinity College, Cambridge
Daniel Monk
, Reader in Law, Birkbeck, University of London
Book Reviews Editor

Ruth Lamont
, Senior Lecturer in Child and Family 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
Luke Clemens, 
Professor of Law, Cardiff School of Law and Politics, Cardiff University

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 and Socio-Legal Studies, School of Law, Queen Mary University of London
Nigel Lowe
, Emeritus Professor, Cardiff School of Law and Politics, Cardiff University
Mr Justice MacDonald, 
Family Division, High Court
Mavis Maclean
, Senior Research Fellow, University of Oxford
Sir James Munby
, 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

Vulnerabilityand capacity to consentto sex – asking the right questions?

Beverley Clough

Vulnerability – MentalCapacity Act 2005 – consent to sex – sexual autonomy – capabilities

The burgeoning body of literature seeking to conceptualisevulnerability has provoked new and interesting perspectives for legal and ethicaldebates. Commentators are beginning to explore the potential for vulnerabilitytheories in various contexts and to challenge prevailing attitudes and acceptedbeliefs in doing so. This article seeks to add to this growing body ofdiscourse by examining the recent legal developments in the context of capacityto consent to sexual relations. It will be suggested that, viewed through thelens of vulnerability, the current judicial approach takes a narrow, individualisedstance which obscures many of the situational and relational dynamics whichinteract and shape the landscape of consent to sexual relations. Moreover, and perhapsmore importantly, it is argued that the current legal response here does not facilitateresilience and sexual autonomy, despite judicial statements to the contrary. Throughuncovering the situational and pathogenic factors which are otherwise obscuredby an approach hinging on the concept of mental capacity, the vulnerability approachopens up space for debates about the appropriate legal response to foster resilienceand capabilities.


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

Thisrenewed focus on the universal nature of vulnerability provides the basis for argumentsagainst traditional liberal and individualistic understandings of autonomy as non-interference,and instead pays heed to the fundamental role of relational and situationaldynamics in facilitating autonomy and resilience.

Read the full article 
The Editors welcome the submission of material for consideration for publication. Material submitted should be original contributions and should not be under consideration for publication in any other journal. Authors should submit a statement to that effect. Substantive guidance may be obtained by contacting the publisher.
All submissions and editorial correspondence should be sent to the Journals Manager: matthias_mueller@jordanpublishing.co.uk

Contributions can only be accepted provided that all copyright clearances have been obtained by the author.

Submission Format
Material should be supplied electronically. Electronic format is preferred in MS Word for Windows by email. Documents prepared on a Macintosh must be converted for Windows compatibility.

Author's Details
Author's name should appear after the submission title with an asterisk. Your position and affilitiation should appear next to the asterisk above your first footnote at the bottom of the first page of your main text. Full address(es) for receipt of proofs and payment should be given separately.

Proofs, Payment and Offprints
Proofs are sent to the first named author only. It is that author's responsibility to liaise with any co-author(s) with regard to proof corrections. Upon publication each author will be sent a copy of that issue, 25 free offprints, and a letter detailing payment. Payment will be made to the first named author, in full, shortly after receipt of that letter. Again, it is that author's responsibility to split the cheque between any co-author(s).

House Style
The preferred house style is available for download, please click here.

Please note that CFLQ does NOT use the Harvard style of referencing. Authors should ensure that all citations and references are complete and accurate and that any cross-references to pages or footnotes are completed correctly. In particular, it is important to provide precise page references for all quotations and references to statistics.

The footnote/endnote feature of Microsoft Word for Windows should be used in submitted material.

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.
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.
2016 Subscription Information
£225.00 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
Advertising in Child and Family Law Quarterly 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)117 917 5134
email daniel.jones@lexisnexis.co.uk
visit www.jordanpublishing.co.uk/mediapk
Open Access policy 

Jordan Publishing is pleased to implement its Open Access policy as follows. Although we primarily publishreference works, we do publish an important scholarly journal, Child and Family Law Quarterly (CFLQ), as part of our portfolio. We aresensitive to the fact that academic authors considering submission to CFLQ areaffected by new funding and open access rules, and we wish to support them byremoving any barriers to their submitting articles to the journal.

Our Open Access policy is therefore fully compliantwith policies of the four Higher Education Funding Councils for the UK andResearch Councils UK (RCUK) guidelines. As of 29 July 2014, for qualifying submissions, we will offer a “Green OA” option for authors’ articlesupon acceptance, where the author is subject to an open access mandate. Authorswill pay no publication fee, and we will make a copy of the published article(“version of record”) freely available on our website after an embargo periodconsistent with the author’s funding agency’s requirements, under a CreativeCommons Attribution-Non Commercial (CC-BY-NC) licence. We will also provideauthors a copy of the accepted manuscript (“post print”) so they can dischargetheir obligations for deposit in repositories as necessary.

Applicable Open Access coverage 

UK-based authors are assumed tobe covered by funding from one of the four HK Higher Education Funding Councils,unless they state otherwise when submitting an article. UK-based authors whoare also funded by one of the RCUK’s bodies should indicate which onsubmission. Non-UK based authors should contact the editors to discuss whetherany open access mandate may apply. All articles and case commentaries submittedafter 29 July 2014 will be covered by the CFLQ open access arrangements. Book reviewsare not covered. Authors should contact the editors if they have requests for bookreviews to be included.

Deposit guidelines for authors

Once the CFLQ editors accept anarticle for publication, Jordan Publishing will email the author a copy of theAccepted Manuscript ("post-print") which can be used for deposit inan institutional repository on the conditions that (i) the relevant embargoperiod is applied to the full text of the article (typically 24 months, or 12months for AHRC or ESRC funded research), (ii) the article is made availableunder a CC-BY-NC licence, and (iii) the Publisher's Information at the top ofthe article is reproduced along with the article's openly available information(which also include title, author names, affiliations and abstract, whereavailable). We advise all authors to consult their institutions for specificadvice about Open Access guidelines which apply to them.

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

Matthias Mueller
Email matthias.mueller@lexisnexis.co.uk

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

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