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Research Handbook on Family Justice Systems

Research Handbook on Family Justice Systems

Author: Mavis Maclean; Rachel Treloar
Publisher: Edward Elgar Publishing
ISBN: 9781800881396
Published In: May 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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 Handbook is concerned with the rules referred to as ‘family law’, but also with the institutions comprising the operating system.

This Handbook presents the view that a Family Justice System (FJS) is a living entity, working with and for a wide range of beliefs and practices, comprising far more than a set of rules and regulations, which can respond to a changing society, while also contributing to that change. Looking specifically at the FJS as an important and evolving element in the organisation of a society, with which sociologists, as well as lawyers and family sociologists are concerned, it explores how a FJS works in practice, what it tries to do and why. With contributions from the US, UK, Germany, Netherlands, Switzerland, France, Poland, Japan and China, this Research Handbook is an internationally relevant and comprehensive work.

The Research Handbook on Family Justice Systems examines FJS in practice, making it highly pertinent to researchers, academics, practitioners, government lawyers, policymakers and government administrators in the fields of sociology and law with a special interest in family law and the FJS.

Introduction to the Research Handbook on Family Justice Systems - Mavis Maclean and Rachel Treloar

PART I. FAMILY COURTS: ROLES AND BOUNDARIES

Australia's family law system: a user-centred perspective - Rae Kaspiew 2 Access to the Danish family justice system viewed from a user perspective - Christina Jeppesen de Boer and Annette Kronborg 3 Is access to justice a platitude or a reality for Canadian self-represented litigants in family court? - Hannah Thackeray and Julie Macfarlane 4 Family law, family courts and public opinion in Poland - Malgorzata Fuszara and Jacek Kurczewski 5 International child abduction 64 Nicola Taylor and Marilyn Freeman

PART II. NEW WAYS OF WORKING

Coping with the changing regimes of couples and families: the French family justice system - Benoit Bastard 7 The inclusion of mediation in the family justice system of Argentina: an empirical study of law, courts and actors - Julieta Marotta 8 Achieving compliance with post-divorce parenting contact arrangements in the Netherlands: problems and potential solutions - Masha Antokolskaia, Christina Jeppesen de Boer, Geeske Ruitenberg, Wendy Schrama and Inge van der Valk 9 The rights of persons with dementia and their family caregivers 129 Kayo Murayama

PART III. PUBLIC AND PRIVATE FAMILY JUSTICE

10.

Reforming the approach of the family courts in child arrangements cases involving allegations of domestic abuse - Mandy Burton and Rosemary Hunter 11 The voice of the child in family law proceedings in Ireland: the challenges of achieving first-world principles within a third-world infrastructure - Stephanie Holt, Simone McCaughren and Aisling Parkes 12 Post-separation financial abuse, the money taboo and the family justice system: perspectives from Aotearoa New Zealand - Ayesha Scott 13 Parental webs: multiple and disaggregated family forms in Israel 195 Pamela Laufer-Ukeles

PART IV. THE IMPACT OF SYSTEMS OF BELIEF ON FAMILY JUSTICE

14.

Conflicting values: family justice in Turkey between 'modern' and 'traditional' - Verda Irtis 15 Paths to (in)justice? The interplay between Shari'ah tribunals and public policy - Federica Sona 16 Are women in polygamous customary marriages entitled to constitutional protection in the Southern African development community? - Sonya Cotton 17 Relational negotiations of an ethic of justice and an ethic of care: Pacific mothers' and fathers' moral reasoning over children's post-separation care arrangements - Moeata Keil and Vivienne Elizabeth 18 The family investigation system: a legislative exploration and practical questions - Lei Shi, Di Yuan and Yun Zhang

PART V. ISSUES EMERGING

19.

Federalism, terminology, geography and systematic failure: the Australian family justice 'system' - Richard Ingleby and Belinda Fehlberg 20 The move to private ordering in divorce, gender and the role of family lawyers in Switzerland - Michelle Cottier, Eric D Widmer, Gaelle Aeby and Bindu Sahdeva 21 American family courts and the triple system of family law adjudication - June Carbone 22 Changing regulatory frameworks: piercing anonymity and early access to gamete donors - Rosanna Hertz

PART VI. PROGRESS?

23.

Amicable solutions as the norm in German family court proceedings after separation and divorce - Thomas Meysen 24 Delivering the art of the possible: an insight into the role of government lawyers in facilitating the recognition of same-sex relationships in the United Kingdom - Oliver Gilman 25 What are family courts for? Lessons from a pandemic - Rob George

Index