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What is a family justice system for? / edited by Mavis Maclean, Rachel Treloar, Bregje Dijksterhuis.
- Format:
- Book
- Series:
- Oñati international series in law and society.
- Oñati international series in law and society
- Language:
- English
- Subjects (All):
- Domestic relations courts--Social aspects--Congresses.
- Domestic relations courts.
- Genre:
- Conference papers and proceedings.
- Physical Description:
- 1 online resource (283 pages).
- Place of Publication:
- Oxford, England : Hart, [2022]
- System Details:
- Mode of access: World Wide Web.
- Summary:
- "Does a justice system have a welfare function? If so, where does the boundary lie between justice and welfare, and where can the necessary resources and expertise be found? In a time of austerity, medical emergency, and limited public funding, this book explores the role of the family justice system and asks whether it has a function beyond decision-making in dispute resolution. Might a family justice system even help to prevent or minimise conflict as well as resolving dispute when it arises? The book is divided into 4 parts, with contributions from 22 legal scholars working across Europe, Australia, Argentina and Canada. - Part 1 looks at what constitutes a family justice system in different jurisdictions, and how a welfare element is included in the legal framework. - Part 2 looks at those engaged with a family justice system as professionals and users, and explores how far private ordering is encouraged in different countries. - Part 3 looks at new ways of working within a family justice system and raises the question of whether the move towards privatisation derives from the intrinsic value of individual autonomy and acceptance of responsibility in family disputes, or whether it is also a response to the increasing burden on the state of providing a welfare-minded family justice system. - Part 4 explores recent major changes of direction for the family justice systems of Australia, Argentina, Turkey, Spain, and Germany"-- Provided by publisher.
- Contents:
- Introduction
- Mavis Maclean
- Recent family law reforms and high-conflict post-separation. Parenting disputes in Canada / Rachel Treloar
- Co-operation : the glue that unites the Danish family justice system / Annette Kronborg and Christina Jeppesen de Boer
- Family justice systems, social behaviour and financial arrangements after divorce in the Netherlands / Bregje Dijksterhuis and Alexander Flos
- Implementing gender rquality as an aim of the Swiss family justice system / Michelle Cottier, Bindu Sahdeva and Gaëlle Aeby
- Reforms and reorganisation of family justice in France : what are the current responses to the needs of divorcees? / Benoit Bastard
- Family matters in the Polish court : law and public opinion / Malgorzata Fuszara and Jacek Kurczewski
- The current situation for mediation and other forms of ADR in Spain with special reference to the consequences of the Covid-19 health crisis / Teresa Picontó and Elena Lauroba
- Experimenting with a non-adversarial procedure for child-related parental disputes in the Netherlands / Masha Antokolskaia, Marit Buddenbaum and Lieke Coenraad
- Legal needs across the family justice system : who needs what, where and when? The contribution of CLOCK, a community outreach system in England and Wales / Jane Krishnadas
- Developing holistic and inclusive family justice in Argentina / Julieta Marotta
- Raising questions on the family justice system in Turkey : an ambivalent fragmentation / Verda Irtis
- How does a legal system deal with malfunctions by its judicial officers? / Belinda Fehlberg and Richard Ingleby
- Family court proceedings in parent and child matters in Germany : a binding setting for alternative dispute resolution / Thomas Meysen
- What is a family justice system for? Concluding observations and next steps / Mavis Maclean.
- Notes:
- Includes bibliographical references and index.
- Description based on print version record.
- ISBN:
- 9781509950997
- 1509950990
- 9781509950980
- 1509950982
- 1-85649-837-9
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