Download PDF Digital Family Justice by Mavis Maclean and published by Bloomsbury Publishing. This book was released on 2019-12-12 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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?
Download PDF Draft Legislation on Family Justice by Great Britain: Department for Education and published by The Stationery Office. This book was released on 2012-09-03 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Government responded to the Family Justice Review (Norgrove report, November 2011, ISBN 9780108511158) in February 2012 (Cm. 8273, ISBN 9780101827324). The current system is characterised by delay, expense, bureaucracy and lack of trust. This paper sets out the draft legislation to bring the Government's policies into effect. The proposals would reduce delay and duplication, with a maximum time limit of 26 weeks for completing care and supervision proceedings. Case management decisions would have to consider the impact on the welfare of the child, and the courts should focus only on the provisions of the care plan that set out the long term plan for the upbringing of the child. The legislation covers: family mediation information and assessment meetings; child arrangements orders; control of expert evidence, and of assessments, in children proceedings; time limits in proceedings for care or supervision orders; care plans; care proceedings and care plans, regulations and procedural requirements; repeal of restrictions on divorce and dissolution etc where there are children; repeal of uncommenced provisions of Part 2 of the Family Law Act 1996.
Download PDF Delivering Family Justice in the 21st Century by Mavis Maclean and published by Bloomsbury Publishing. This book was released on 2015-08-27 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download PDF Mapping Paths to Family Justice by Anne Barlow and published by Springer. This book was released on 2017-03-07 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The family justice system in England and Wales has undergone radical change over the past 20 years. A significant part of this shifting landscape has been an increasing emphasis on settling private family disputes out of court, which has been embraced by policy-makers, judges and practitioners alike and is promoted as an unqualified good. Mapping Paths to Family Justice: Resolving Family Disputes in Neoliberal Times examines the experiences of people taking part in out-of-court family dispute resolution in England and Wales. It addresses questions such as how participants’ experiences match up to the ideal; how recent changes to the legal system have affected people’s ability to access out-of-court dispute resolution; and what kind of outcomes are achieved in family dispute resolution. This book is the first study systematically to compare different forms of family dispute resolution. It explores people’s experiences of solicitor negotiations, mediation and collaborative law empirically by analyzing findings from a nationally representative survey, individual in-depth interviews with parties and practitioners, and recorded family dispute resolution processes. It considers these in the context of ongoing neoliberal reforms to the family justice system, drawing out conclusions and implications for policy and practice.
Download PDF Family Justice Review by Family Justice Review and published by The Stationery Office. This book was released on 2011-04 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download PDF Managing Family Justice in Diverse Societies by Mavis Maclean and published by Bloomsbury Publishing. This book was released on 2013-02-15 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this book is to explore what response the law has or should have to different family practices arising from cultural and religious beliefs. The issue has become increasingly debated as western countries have become more culturally diverse. Although discussion has frequently focused on the role Islamic family law should have in these countries, this book seeks to set that discussion within a wider context that includes consideration both of theoretical issues and also of empirical data about the interaction between specific family practices and state law in a variety of jurisdictions ranging from England and Wales to Bangladesh, Botswana, Spain, Poland, France, Israel, Iran and South Africa. The contributors to the 17 chapters approach the subject matter from a variety of perspectives, illustrating its complex and often sensitive nature. The book does not set out to propose any single definitive strategy that should be adopted, but provides material on which researchers, advocates and policy makers can draw in furthering their understanding of and seeking solutions to the problems raised by this significant social development.
Download PDF Family Justice by John Eekelaar and published by Bloomsbury Publishing. This book was released on 2013-06-03 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about the delivery of family justice in England and Wales, focusing on the work of the family judiciary in the lower courts. The policy context is moving so rapidly that the authors have gone beyond presenting their empirical findings to offer a broader consideration of the nature and role of the family justice system, as these are in danger of being lost amid present reform proposals. The first four chapters are historical and comparative, examining assumptions about family justice and offering a defence of the role of legal rights in family life, and the importance of good policy-making balancing outcome- and behaviour-focused approaches to family justice. Comparative examples from the US and Australia show how new approaches to family justice can be successfully deployed. The next three chapters are empirical, including a typology of the roles played and tasks addressed by the judges, overturning the commonly held assumption that the central judicial role is adjudication, emphasising the extent to which judges integrate outcome- and behaviour-focused approaches to family justice, and giving a detailed account of the daily work of circuit and district judges and legal advisers. The conclusion is that there is a trend across jurisdictions, driven by technological innovation and by economic constraints, to reduce the role of courts and lawyers in favour of individual choices based on private or government-funded information sources. While these developments can be beneficial, they also have dangers and limitations. The final chapter argues that despite the move to privatised forms of dispute resolution, family justice still demands a sound judicial structure.
Download PDF Violence Against Women in Families and Relationships by EVAN STARK and published by ABC-CLIO. This book was released on 2009-06-08 with total page 888 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fight to end domestic violence consists of community-based services for battered women, laws and policies to combat the problem, a broad spectrum of frequently-innovative programs to protect or otherwise support abused women and children, a dramatic shift in media portrayals of violence against women, and a growing public critique of unacceptable forms of power and control in relationships. These volumes offer another weapon in that battle.||Violence against Women in Families and Relationships takes stock of all of the ways in which legislation, programs and services, and even public attitudes have impacted victims, offenders, and communities over the last few decades. Contributors pay special attention to how race, class, and cultural differences affect the experience of abuse. They explore the efficacy of interventions, and they provide compelling real-life examples to illustrate issues and challenges. Our society has made an enormous investment in stopping abuse in families and relationships, but numerous questions still remain. Many of those questions are answered in these pages, as experts uncover the realities of domestic violence and the toll it takes on families, individuals, communities, and society at large.
Download PDF Delivering Family Justice in Late Modern Society in the wake of Legal Aid Reform by Mavis Maclean and published by Routledge. This book was released on 2018-04-19 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal aid for family cases in private law, mainly divorce and separation, where the state is not directly involved as it is in public law cases where there are issues of domestic violence or neglect or abuse of children, came to an abrupt end together with help for welfare and immigration cases on April 1 2013 when the Legal Aid Sentencing and Punishment of Offenders Act (LASPO) came into effect. This book presents an account of the wide ranging problems which the researchers and practitioners expected to ensue. Sadly, their fears have been realised in many areas of legal help and advice. The National Audit Office was to take the view in 2014 that although the Ministry of Justice had succeeded in making considerable savings in the cause of austerity that they had failed to investigate or understand the impact of these cuts on the individuals concerned and society as a whole. This book was previously published as a special issue of the Journal of Social Welfare and Family Law.
Download PDF The Government response to the Family Justice Review by Great Britain: Ministry of Justice and published by The Stationery Office. This book was released on 2012-02-06 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Government accepts the overwhelming majority of the recommendations made in the final report of the Family Justice Review (2011, ISBN 9780108511158), and proposes a system with children's and families' needs at its heart. The proposed reforms will put practical measures in place to ensure children's voices are heard before and during the court process. A new Family Justice Board will be established in April 2012 and will take the detail of the recommendations forward. All measures will comply with the United Nations Convention on the Rights of the Child. Changes to public law are designed to tackle delay and put more focus on the child. Changes to private law will support families to reach their own agreements without needing to being their issues to the courts. Mediation and other support services will again be child-centred, and with a presumption of shared parenting where separation occurs. A new web and telephony service providing a single gateway to advice and guidance for separating parents will be commissioned in 2012 and operational in 2013. Divorce proceedings will be streamlined. Cafcass will move under the sponsorship of the Ministry of Justice. Those working in the family justice system need to change culture and practices if these reforms are to succeed, and judicial leadership is critical. Family courts must be as child-friendly as possible. Annexes cover detailed responses to the Review's recommendations, an update on developing the evidence base for family justice, impact assessments and key references and supporting documents.
Download PDF Ideas and Debates in Family Law by Rob George and published by Bloomsbury Publishing. This book was released on 2012-08-08 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ideas and Debates in Family Law is written for family law students, at undergraduate level and beyond, who are looking for less orthodox ideas about family law. The book's first section looks at themes in family law, addressing challenges facing the family justice system, rights and responsibilities, and the internationalisation of the law regulating families. The second section is focused on adult relationships: it suggests new ways for the law to allocate legal consequences for families, debates the consequences of the 'contractualisation' of marriage, and explores the value of 'fairness' in family finances. The third section is about children, discussing the welfare principle, parental responsibility and practical parenting. Although these issues sound common enough in a family law book, the discussions found here are far from common. Useful by itself or alongside a textbook, Ideas and Debates in Family Law offers new and thought-provoking perspectives on family law issues. 'Rob George is a new, distinctive and powerful voice in family law scholarship. In this book he subjects received and emerging opinions to incisive examination, providing readers with the intellectual invigoration associated with first class seminars. Above all, he re-claims family law as a significant branch of the idea and practice of justice.' John Eekelaar, Pembroke College, Oxford 'Building on a successful format for undergraduate seminars in Oxford, this unique student text presents an exciting array of thought-provoking debates and intellectually stimulating, sometimes unorthodox, ideas. It will help students to situate their knowledge and to think more deeply and critically about family law and policy. I applaud this book's focus and content and Rob George's vision in writing it.' Stephen Gilmore, King's College London 'Whether you are a student looking for interesting points to make your work first class or an academic wanting an overview of family law theory, this is the book for you. Rob George has brilliantly captured the main issues facing family lawyers and policy makers at this fascinating time. All the major concepts in family law - marriage; parenthood; family - are having to be rethought and redefined. This book provides an excellent starting point for how we might go about reimagining family law and policy.' Jonathan Herring, Exeter College, Oxford
Download PDF Pre-legislative Scrutiny of the Children and Families Bill by Great Britain: Parliament: House of Commons: Justice Committee and published by The Stationery Office. This book was released on 2012-12-18 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: Additional written evidence is contained in Volume 2, available on the Committee website at www.parliament.uk/justicecttee
Author :International Society on Family Law. World Conference Publisher :Hart Publishing Release Date :2003-04-10 ISBN :9781841133089 Pages :596 pages File Format : PDF, EPUB, TEXT, KINDLE or MOBI Rating :4.4/5 (38 download)
Download PDF Family Law by International Society on Family Law. World Conference and published by Hart Publishing. This book was released on 2003-04-10 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains an edited selection of the papers by contributors from around the world delivered at the 10th World Conference of the International Society of Family Law. The papers cover three broad themes: innovations in processes for resolving and determining family disputes; changing patterns in family and professional practices; and the political and other pressures operating on family law systems and law reform processes.
Download PDF The Cambridge Companion to Comparative Family Law by Shazia Choudhry and published by Cambridge University Press. This book was released on 2018-12-31 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a comprehensive overview of the key issues facing family law globally, and explores how different countries have tackled them.
Download PDF Routledge Handbook of International Law and the Humanities by Shane Chalmers and published by Routledge. This book was released on 2021-05-20 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook brings together 40 of the world’s leading scholars and rising stars who study international law from disciplines in the humanities – from history to literature, philosophy to the visual arts – to showcase the distinctive contributions that this field has made to the study of international law over the past two decades. Including authors from Australia, Canada, Europe, India, South Africa, the UK and the USA, all the contributors engage the question of what is distinctive, and critical, about the work that has been done and that continues to be done in the field of ‘international law and the humanities’. For many of these authors, answering this question involves reflecting on the work they themselves have been contributing to this path-breaking field since its inception at the end of the twentieth century. For others, it involves offering models of the new work they are carrying out, or else reflecting on the future directions of a field that has now taken its place as one of the most important sites for the study of international legal practice and theory. Each of the book’s six parts foregrounds a different element, or cluster of elements, of international law and the humanities, from an attention to the office, conduct and training of the jurist and jurisprudent (Part 1); to scholarly craft and technique (Part 2); to questions of authority and responsibility (Part 3); history and historiography (Part 4); plurality and community (Part 5); as well as the challenge of thinking, and rethinking, international legal concepts for our times (Part 6). Outlining new ways of imagining, and doing, international law at a moment in time when original, critical thought and practice is more necessary than ever, this Handbook will be essential for scholars, students and practitioners in international law, international relations, as well as in law and the humanities more generally.
Download PDF Family Law by Frances Burton and published by Routledge. This book was released on 2015-02-11 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: Family Law provides a comprehensive foundation in the key topics covered by courses. It explains the basic principles of the law and practice in their social, economic and historic context, enabling the reader to understand the doctrinal and practical impact of current radical changes in family law in response to cultural and other influences. This second edition has been fully updated in the light of on-going changes to the family justice system including: the modernisation of family justice including the new Family Court Atypical formation of the contemporary family: genetic, adoptive, social or through HAR the proposed administrative extra-judicial divorce process financial orders on married and unmarried family relationship breakdown enhanced parental responsibility, ‘Parental Agreements’ and ‘Child Arrangement Orders’ the treatment of post separation parenting (and the new DWP child support system) reforms to public child law, including changes to adoption same-sex marriage and the impact on traditional marriage and cohabitation Visit the companion website for practice questions, updates to the law and podcasts by the author at http://www.routledge.com/cw/burton-9780415583640
Download PDF Caring for Families in Court by Barbara A. Babb and published by Routledge. This book was released on 2019-01-15 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.