Delivering family justice in the 21st century / edited by Mavis Maclean, John Eekelaar, and Benoit Bastard.

Format:

Book

Contributor:

Bastard, Benoit, 1950- editor.

Eekelaar, John, editor.

Maclean, Mavis, editor.

Oñati International Institute for the Sociology of Law.

Series:

Oñati international series in law and society.

Oñati international series in law and society

Language:

English

Subjects (All):

Domestic relations.

Physical Description:

1 online resource (384 p.)

Place of Publication:

Oxford ; Portland, Oregon : Hart Publishing Ltd., 2015.

Language Note:

English

System Details:

Mode of access: World Wide Web.

Summary:

Family justice requires not only a legal framework within which personal obligations are regulated over the life course, but also a justice system which can deliver legal information, advice and support at times of change of status or family stress, together with mechanisms for negotiation, dispute management and resolution, with adjudication as the last resort. The past few years have seen unparalleled turbulence in the way family justice systems function. These changes are associated with economic constraints in many countries, including England and Wales, where legal aid for private family matters has largely disappeared. But there is also a change in ideology in a number of jurisdictions, including Canada, towards what is sometimes called neo-liberalism, whereby the state seeks to reduce its area of activity while at the same time maintaining strong views on family values. Legal services may become fragmented and marketised, and the role of law and lawyers reduced, while self-help web based services expand. The contributors to this volume share their anxieties about the impact on the ability of individuals to achieve fair and informed resolution in family matters

Contents:

Introduction

The neoliberal context of family law reform in British Columbia, Canada : implications for access to (family) justice

Rachel Treloar

The revised family court system in New Zealand : secret justice and privatisation

Bill Atkin

Shaping substantive law to promote access to justice : Canada's use of child and spousal support guidelines

Carol Rogerson

Performing the Marriage Act straight : the legal regulation of marriage in the Australian civil wedding ceremony

Becky Batagol

National paths towards private ordering : professionals' jurisdictions and separating couples' privacy in the French and Canadian family justice systems

Emilie Biland, Muiel Mille and Hélène Steinmetz

Family justice in Bulgaria : the old system and new demands

Velina Todorova

Family courts and family cases in Poland and other post-Communist countries

Małgorzata Fuszara and Jacek Kurczewski

Paths to justice in divorce cases in England and Wales

Rosemary Hunter, Anne Barlow, Janet Smithson and Jan Ewing

Family lawyers and multi-agency approaches : why don't lawyers work with other service providers?

Angela Melville, Karen Laing and Frank Stephen

Family justice without courts : property settlement on separation using contracts in Scotland

Jane Mair, Fran Wasoff and Kirsteen Mackay

Access to justice in Spain in times of austerity, with special reference to family justice

Teresa Picontó-Novales

Legal aid, fundamental rights and family issues

Encarna Roca Trías

Taking responsibility? : legal aid reform and litigants in person in England

Liz Trinder

Access to justice in hard times and the deconstruction of democratic citizenship

Hilary Sommerlad

Casualties of friendly fire : counter productive campaigning on public funded legal services

Peter G. Harris

Controlling time? : speeding up divorce proceedings in France and Belgium

Benoit Bastard, David Delvaux, Christian Mouhanna and Frédéric Schoenaers

When is a family lawyer a lawyer?

Lisa Webley

New ways to seek legal information and advice on family matters in England and Wales : from professional legal services to Google and private ordering

Mavis Maclean

Can there be family justice without law?

John Eekelaar.

Notes:

Includes index.

Includes bibliographical references and index.

ISBN:

9781782259725

1782259724

9781782259701

1782259708

OCLC:

913869185