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This article critically examines the relationship between shared residence and contact after the breakdown of the parents’ relationship. It examines the background to the government’s main emphasis on methods of monitoring, facilitating and enforcing contact as the most efficacious method of proceeding in respect of the law reform agenda, focussing particularly on the potential impact of punitive enforcement measures on primary carers, usually mothers. The article sets the discussion within its wider cultural context in respect of fathers’ rights claims that (...) family law currently favours mothers, and shows how recent legal developments constitute part of a package to manage post-separation relationships between parent and children. It also examines some of the emerging case law to show how the judiciary is using shared residence orders and transfer of residence to deal with protracted and very difficult contact disputes, and in ways which were not anticipated when shared residence orders were first introduced. Drawing on feminist legal commentaries the argument will be made that the use of transfer of residence and shared residence orders in these disputes is extremely worrying, especially in light of the growing body of empirical research which heralds caution. The article will conclude by suggesting that far from favouring mothers, both the law reforms and the case law effectively construct mothers as integral to the problem of contact. They are treated as the site of and solution to the ‚problem’ of contact, and the means of dealing with the problem is by increasingly punitive measures which are inappropriate in a family law context. At the same time non-residential fathers who do not uphold contact escape legal sanctions. (shrink)

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In this piece I have stated my case for the importance of the inclusion of subjectivity in the study of women's poverty. The relevance of the ideas discussed herein is not confined to this one research area, for the project of incorporation is crucial to any field of research which has a pertinence to the practical realities of women's lives. I have noted how through talking and prioritising principles we run the danger of evacuating the subject, for principles cannot take (...) into account the diversity of women's experiences based upon class, race, ethnicity, religion and sexual affiliation. I have also outlined the benefits that accrue to both researcher and participant, with the researcher gaining better insight and understanding of the women she is concerned with and accountable to in her work, and the participant being given the opportunity to tell her own story of her life, rather than have it told solely by the outsider interpreting it. As such she is actively participating in her life rather than simply being led through it, resulting in a form of empowerment that might otherwise be denied her. Subscription has been made to interviewing as a means of incorporating subjectivity into the research project. But the interview as a technique has been problematised, for only through problematisation can we hope to improve our research and strive to ensure that we heed the lessons we and others have learned through our practical activities. I am indebted to those more experienced feminist researchers whose work has influenced this project. And finally, this piece serves as a reminder to others engaged in work about or with women, that women in all diversity are the subjects we should be concerned with in debates on the subject of poverty. Lest we forget .. (shrink)

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This article discusses section 156 of the Criminal Justice and Public Order Act 1994 which prohibits the use of eggs from aborted female foetuses for the purposes of reproduction. I argue that the pre-legislative debates focus only on the biological relationship between the aborted foetus and any ensuing child and foreclose the possibility of useful discussion about the potential merits of such technology. Kristeva's theory of abjection has been used in order to elucidate the strength of feeling about the use (...) of eggs from the expelled foetus. I suggest that the ‘yuk’ factor stems from the potential for the blurring of the boundaries between life and death. In addition, I suggest that the stress placed on the biological link means that the foetus is ascribed special properties not given to live donors. Woman's very crucial role in reproductive technologies is therefore erased. The article argues that there are very good reasons why the debate on the subject should remain open. At present women donors have to undergo highly intrusive procedures in order to give eggs and the process is not without its health risks. The use of eggs from aborted foetuses certainly raises important consent issues but these could be addressed by placing women at the centre of the decision making process, starting with the recognition that it is women and not foetuses who have the remit and responsibility for giving consent for the use of their genetic material. Moreover, there should be an acknowledgement that women are perfectly capable of making informed decisions about donation and of considering the potential implications of participating in egg donation. (shrink)

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