Author: Julien D. PaynePublisher:
ISBN:
Category : Domestic relations courts
Languages : en
Pages : 1008
Book Description
A Conceptual Analysis of Unified Family Courts
Author: Julien D. PaynePublisher:
ISBN:
Category : Domestic relations courts
Languages : en
Pages : 1008
Book Description
Caring for Families in Court
Author: Barbara A. BabbPublisher: Routledge
ISBN: 1134842619
Category : Law
Languages : en
Pages : 211
Book Description
In many US courts and internationally, family law cases constitute almost half of the trial caseload. These matters include child abuse and neglect and juvenile delinquency, as well as divorce, custody, paternity, and other traditional family law issues. In this book, the authors argue that reforms to the family justice system are necessary to enable it to assist families and children effectively. The authors propose an approach that envisions the family court as a "care center," by blending existing theories surrounding court reform in family law with an ethic of care and narrative practice. Building on conceptual, procedural, and structural reforms of the past several decades, the authors define the concept of a unified family court created along interdisciplinary lines — a paradigm that is particularly well suited to inform the work of family courts. These prior reforms have contributed to enhancing the family justice system, as courts now can shape comprehensive outcomes designed to improve the lives of families and children by taking into account both their legal and non-legal needs. In doing so, courts can utilize each family’s story as a foundation to fashion a resolution of their unique issues. In the book, the authors aim to strengthen a court’s problem-solving capabilities by discussing how incorporating an ethic of care and appreciating the family narrative can add to the court’s effectiveness in responding to families and children. Creating the court as a care center, the authors conclude, should lie at the heart of how a family justice system operates. The authors are well-known figures in the area and have been involved in family court reform on both a US national and an international scale for many years.
Family Court
Author: Lori Ann HigdonPublisher:
ISBN:
Category : Domestic relations courts
Languages : en
Pages : 198
Book Description
Children and Families in the Courts of New York City
Author: Walter GellhornPublisher:
ISBN: 9781258403263
Category :
Languages : en
Pages : 416
Book Description
Annual Review of the Unified Family Court Pilot Project
Author: Saskatchewan. Unified Family Court Pilot ProjectPublisher:
ISBN:
Category : Domestic relations
Languages : en
Pages :
Book Description
Resolving Family Conflicts
Author: Jane MurphyPublisher: Routledge
ISBN: 1351903829
Category : Law
Languages : en
Pages : 1146
Book Description
Over the past two decades, virtually all areas of family law have undergone major doctrinal and theoretical changes - from the definition of marriage, to the financial and parenting consequences of divorce, to the legal construction of parenthood. An equally important set of changes has transformed the resolution of family disputes. This 'paradigm shift' in family conflict resolution has reshaped the practice of family law and has fundamentally altered the way in which disputing families interact with the legal system. Moreover, the changes have important implications for the way that family law is understood and taught. This volume examines the contours of this paradigm shift in family conflict resolution and explores its implications for family law scholarship and practice. The interdisciplinary compilation includes contributions from lawyers, legal academics, social scientists and mental health professionals. As the articles in the volume demonstrate, the transformation in family conflict resolution holds considerable promise for disputing families, but it also raises a number of challenges. These challenges include concerns about the institutional competence of courts, the surrender of fact-finding and decision-making to individuals without legal training, the loss of autonomy and privacy for family members subject to continuing court oversight and the disjunction between problem-solving justice and authoritative legal norms. By exploring both the promise of the new paradigm and its potential pitfalls, this volume engages family law scholars and offers insights to judges, practitioners and policy makers responsible for serving families in conflict.
The Functions of Family Courts
Author: Julie DoughtyPublisher:
ISBN:
Category :
Languages : en
Pages :
Book Description
The functions of family courts in England and Wales in making decisions about children are identified as processing disputes and protecting vulnerable individuals, with latent functions of applying and influencing social policy. The thesis explores why family courts have been singled out for particular criticism in undertaking these functions. Two issues are examined: complaints that family court proceedings are held in secret and that a court is not the appropriate place for resolving disputes about children. The methods used are historical analysis, a comparison with courts in Australia, and applying the theories of Habermas. According to Habermas, when systems are maintained for their own sake without being anchored in people's values and needs, or operate without rational discourse, institutions can lose their legitimacy. The historical analysis shows that as social policy developed over the past 60 years, court structures were trapped in a dual jurisdiction which made it difficult to adapt to changing expectations. Since the 1970s, there have been calls for a unified family court to better meet families' requirements. However, a comparison with such a court, the Family Court of Australia, reveals another set of dualities which undermine its legitimacy. The claim that family courts do not function effectively because they are closed and secret is examined. The law is set out in the context of concepts of secrecy, privacy, openness and transparency. It is argued that children have a particular right to privacy which is marginalised in the current debate, and that a recent consultation process undertaken to reform the law on media access to court proceedings was not undertaken in a transparent manner. Attempts to introduce alternative dispute resolution and remove disputes about child care and upbringing to mediation and other non-legal alternatives are also shown as likely to fail unless formulated through rational discourse.
Family Law Administration
Author: University of Alberta. Institute of Law Research and ReformPublisher:
ISBN:
Category : Domestic relations courts
Languages : en
Pages : 142
Book Description
The 'Secret' Family Court
Author: Clifford BellamyPublisher:
ISBN: 9781916431584
Category : Domestic relations
Languages : en
Pages : 0
Book Description
Author: Barbara A. Babb