How To Define a Family - Top 3 Methods

It would be ignorant to claim that the perfect family exists. Despite many similarities, no two families are the same. There is no accepted definition of what a ‘family’ is. Herring states, “family law is usually seen as the law governing the relationships between children and parents, and between adults in close emotional relationships”. A defined ‘family’ is difficult to determine due to the subjective opinions of what the ‘ideal family’ is. Following the Human Rights Act 1998 (HRA), the importance of ‘right to family’ has led to much legal significance in determining the definition of the legal family. This essay will discuss in turn the theoretical approaches used to define the legal family, an analysis of cases regarding the courts approach, and an evaluation of the cases using the theoretical approaches previously discussed, ultimately concluding that a functionalist approach, in addition to judicial discretionary factors are the best criteria to define the legal family.
https://familyllb.com/2020/08/07/academic-dive-defining-the-family/