What Is A Family Justice System For
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| Author | : Barbara A. Babb |
| Publisher | : Routledge |
| Total Pages | : 211 |
| Release | : 2019-01-15 |
| Genre | : Law |
| ISBN | : 1134842619 |
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.
| Author | : Harvey Brownstone |
| Publisher | : ECW Press |
| Total Pages | : 304 |
| Release | : 2009-03 |
| Genre | : Family & Relationships |
| ISBN | : 1554903467 |
Explaining complex family law concepts and procedures in a jargon-free style, this resource includes detailed information on how family court works, offers easily understandable case examples, and describes alternatives to litigation that are designed to help prevent families with children from entering the legal system to resolve disputes. Exploring subjects that apply to all parties involved in resolving separation, divorce, and custody conflictsjudges, lawyers, mediators, parenting coaches, psychologists, family counselors, and social workersthis reference demystifies the role of lawyers and judges, debunks the myth that parents can represent themselves in court, and examines each parents responsibility to ensure that post-separation conflicts are resolved with minimal emotional stress to children.
| Author | : Mavis Maclean |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 283 |
| Release | : 2022-08-25 |
| Genre | : Law |
| ISBN | : 1509950982 |
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.
| Author | : Lisa Parkinson |
| Publisher | : Family Law Publications |
| Total Pages | : 0 |
| Release | : 2011 |
| Genre | : Family mediation |
| ISBN | : 9781846612749 |
Mediation provides an alternative to litigation in the courts to resolve family disputes and/or make arrangements about children, finances, and other personal matters after separation or divorce. It is intended to reduce the time, cost, and stress involved by helping families reach long-lasting agreements in the best interests of all involved. The UK government is increasingly supportive of this form of dispute resolution and matrimonial lawyers need to be aware of how they can integrate mediation with their existing legal skills. Now in its second edition, this is an authoritative and practical guide which clearly explains the mediation process, taking the reader through each stage, explaining how to interact with other professionals, and providing invaluable advice on the role of the mediator in particular situations.
| Author | : Maryann Petri |
| Publisher | : |
| Total Pages | : 160 |
| Release | : 2020-03-26 |
| Genre | : Law |
| ISBN | : 9781648718366 |
Family Court has become highly profitable business. In courtrooms across this nation, children are being torn away and isolated from their father or mother as they become pawns in a game designed to keep parent's fighting, and money flowing. Today, a narcissistic, abusive parent can easily use the "justice system" to punish, torment and alienate the target parent. CPS workers frequently use their power to enable such abuse, as their opinions are treated as scientific conclusions during trials where the alienated parent finds his or herself disparaged and maligned without evidence to back up such attacks other than the observations of these case workers. Maryann Petri's story is a critical example revealing the truth about Family Court corruption. It is a must-read for anyone going through such legal oppression, both to validate their suffering and to provide tools with which to fight back, as Maryann teaches what she has learned. Dismantling Family Court Corruption: Why Taking The Kids Was Not Enough tells the story of Maryann's journey, providing essential "Takeaways" throughout which conveys to the reader the wisdom she gained which can empower them to be stronger, more resilient and more successful in the midst of their own Family Court battles. As a Pro Se, Maryann has a better record than most attorneys, winning two cases in Superior Court.Dismantling Family Court Corruption is also an essential book to demonstrate how easily and effectively Family Law professionals are able to exploit the contention of parents, and proves the utter lack of oversight to prevent such abuse. Maryann's story is not unique; she is one of thousands whose tragedies have brought to the forefront the new psychological term: Parental Alienation. While painful to read, Maryann's story is fast-paced and provides many moments of humor and hope as she recounts courtroom experiences and what it was like being sent to jail, a real-life debtor's prison. Sitting in the holding cell, she used the acoustics of the cement walls to ring with beautiful music that even the guards stopped to admire. At only pages, it is an approachable book which can serve as one of the most important resources for raising awareness and starting conversations about Family Law Corruption and the reality of Parental Alienation. Maryann observes, "Although my story is ultimately tragic, as I lost my children to the beastly system, I can find purpose and meaning in what I have gone through. I hope that my book will serve to indict the system which broke (figuratively and financially) and damaged my family so that changes will be made to prevent such false accusations, extortion and persecution in the future."Maryann Petri is a first-hand-experience, leading expert on the issue of Family Court corruption. She is at the forefront of the movement to stop this abuse and has a website, blog and podcast which can be found at www.DismantlingFamilyCourtCorruption.com.
| Author | : Mavis Maclean |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 447 |
| Release | : 2023-05-09 |
| Genre | : Law |
| ISBN | : 1800881401 |
Bringing together current research from a diverse range of jurisdictions on family law, the Research Handbook on Family Justice Systems addresses the aims and boundaries of family justice systems. Delineating the common purpose of family law to achieve fairness for groups of people who live or have lived together, this Research Handbook is concerned with the rules referred to as ‘family law’, but also with the institutions comprising the operating system.
| Author | : Jessica Mant |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 191 |
| Release | : 2022-11-17 |
| Genre | : Law |
| ISBN | : 150994737X |
This book is about those who represent themselves as Litigants in Person in the family justice system. It calls for a refocusing of the debate about the historical challenges associated with Litigants in Person as well as the role they should play within the family justice system in England and Wales. Drawing together interviews with Litigants in Person and decades of research into self-representation from across multiple jurisdictions, this book provides an account of the family justice system through the eyes of its users. It employs an innovative socio-legal framework comprising feminist theory, a Bourdieusian theory of class, vulnerability theory, and actor-network theory to explore the journey that Litigants in Person take through the legal, cultural and social context of the family court. It provides fresh insight into the diverse challenges that people face within this process and how these relate to wider pressures within the family justice system. It argues that there are important lessons to be learned from Litigants in Person. By understanding how and why people come to the point of self-representing, and the kinds of experiences they have when they do, the book advocates the importance of forging a more positive and effective relationship between Litigants in Person and the family justice system.
| Author | : Family Justice Review |
| Publisher | : The Stationery Office |
| Total Pages | : 234 |
| Release | : 2011-04 |
| Genre | : Law |
| ISBN | : 9780108510557 |
The legal framework of family justice in England and Wales is strong. Its principles are right, in particular the starting point that the welfare of children must be paramount. Every year 500,000 parents and children are involved in the system. But the system is under great strain: cases take far too long (the average case took 53 weeks in 2010); too many private law disputes end up in court; the system lacks coherence; there is growing mistrust leading to layers of checking and scrutiny; little mutual learning or feedback; a worrying lack of IT and management information. The Review's recommendations aim: to bring greater coherence through organisational change and better management; making the system more able to cope with current and future pressures; to reduce duplication of scrutiny to the appropriate level; and to divert more issues away from the courts. The chapters of the review cover: the current system; the proposed Family Justice Service; public law; private law; financial implications and implementation; and there are eighteen annexes. The proposals are now out for consultation, with the final report due in autumn 2011.
| Author | : Mavis Maclean |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 315 |
| Release | : 2019-12-12 |
| Genre | : Law |
| ISBN | : 1509928537 |
The editors' earlier book Delivering Family Justice in the 21st Century (2016) described a period of turbulence in family justice arising from financial austerity. Governments across the world have sought to reduce public spending on private quarrels by promoting mediation (ADR) and by beginning to look at digital justice (ODR) as alternatives to courts and lawyers. But this book describes how mediation has failed to take the place of courts and lawyers, even where public funding for legal help has been removed. Instead ODR has developed rapidly, led by the Dutch Rechtwijzer. The authors question the speed of this development, and stress the need for careful evaluation of how far these services can meet the needs of divorcing families. In this book, experts from Canada, Australia, Turkey, Spain, Germany, France, Poland, Scotland, and England and Wales explore how ADR has fallen behind, and how we have learned from the rise and fall of ODR in the Rechtwijzer about what digital justice can and cannot achieve. Managing procedure and process? Yes. Dispute resolution? Not yet. The authors end by raising broader questions about the role of a family justice system: is it dispute resolution? Or dispute prevention, management, and above all legal protection of the vulnerable?
| Author | : Mavis Maclean |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 465 |
| Release | : 2015-08-27 |
| Genre | : Law |
| ISBN | : 1782259716 |
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.
