Family Life Family Law And Family Justice

Author : Marsha Garrison
Publisher : Routledge
Page : 0 pages
File Size : 40,6 Mb
Release : 2022
Category : Law
ISBN : 1003305601

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Family Life, Family Law, and Family Justice by Marsha Garrison Pdf

"Family Life, Family Law, and Family Justice: Tying the Knot combines history, social science, and legal analysis to chart the evolution and interdependence of family life and family law, portray current trends in family life, explain the pressing policy challenges these trends have produced, and analyze the changes in family law that are essential to meeting these challenges. The challenges are large and pressing. Across the industrialized West, nonmarital birth, relational stress, multi-partner fertility, and relationship dissolution have increased, producing a dramatic rise in single parenthood, poverty, and childhood risk. This concentration of familial and economic risk accelerates socioeconomic inequality and retards intergenerational mobility. Although the divide is most pronounced in the United States, the same patterns now affect families throughout the Western world. Across the European Union, there are 9.2 million "lone" parents, and just under half of their families live in poverty. Tying the Knot demonstrates how today's family patterns are deeply rooted in long-standing, class-based differences in family life and explains why these class-based differences have accelerated. It explains how the values that guide family law development inevitably reflect the world in which families live and develops a new family law capable of meeting the needs of twenty-first century families. The book will be of considerable interest to family specialists from a number of fields, including law, demography, economics, history, political science, public health, social policy, and sociology"--

Author : Mavis Maclean,Rachel Treloar,Bregje Dijksterhuis
Publisher : Bloomsbury Publishing
Page : 283 pages
File Size : 55,7 Mb
Release : 2022-08-25
Category : Law
ISBN : 9781509950997

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What Is a Family Justice System For? by Mavis Maclean,Rachel Treloar,Bregje Dijksterhuis Pdf

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 : John Eekelaar,Mavis Maclean
Publisher : Bloomsbury Publishing
Page : 238 pages
File Size : 48,9 Mb
Release : 2013-06-03
Category : Law
ISBN : 9781782251583

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Family Justice by John Eekelaar,Mavis Maclean Pdf

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.

Author : Barbara A. Babb,Judith D. Moran
Publisher : Routledge
Page : 160 pages
File Size : 46,5 Mb
Release : 2019-01-15
Category : Law
ISBN : 9781134842612

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Caring for Families in Court by Barbara A. Babb,Judith D. Moran Pdf

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 : Marsha Garrison
Publisher : Taylor & Francis
Page : 269 pages
File Size : 54,8 Mb
Release : 2022-10-28
Category : Law
ISBN : 9781000777949

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Family Life, Family Law, and Family Justice by Marsha Garrison Pdf

Family Life, Family Law, and Family Justice: Tying the Knot combines history, social science, and legal analysis to chart the evolution and interdependence of family life and family law, portray current trends in family life, explain the pressing policy challenges these trends have produced, and analyze the changes in family law that are essential to meeting these challenges. The challenges are large and pressing. Across the industrialized West, nonmarital birth, relational stress, multi-partner fertility, and relationship dissolution have increased, producing a dramatic rise in single parenthood, poverty, and childhood risk. This concentration of familial and economic risk accelerates socioeconomic inequality and retards intergenerational mobility. Although the divide is most pronounced in the United States, the same patterns now affect families throughout the Western world. Across the European Union, there are 9.2 million "lone" parents, and just under half of their families live in poverty. Tying the Knot demonstrates how today’s family patterns are deeply rooted in long-standing, class-based differences in family life and explains why these class-based differences have accelerated. It explains how the values that guide family law development inevitably reflect the world in which families live and develops a new family law capable of meeting the needs of twenty-first century families. The book will be of considerable interest to family specialists from a number of fields, including law, demography, economics, history, political science, public health, social policy, and sociology.

Author : Julie Wallbank,Jonathan Herring
Publisher : Routledge
Page : 296 pages
File Size : 54,9 Mb
Release : 2013-11-26
Category : Law
ISBN : 9781136003448

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Vulnerabilities, Care and Family Law by Julie Wallbank,Jonathan Herring Pdf

While in the past family life was characterised as a "haven from the harsh realities of life", it is now recognised as a site of vulnerabilities and a place where care work can go unacknowledged and be a source of social and economic hardship. This book addresses the strong relationships that exist between vulnerability and care and dependency in particular contexts, where family law and social policy have a contribution to make. A fundamental premise of this collection is that vulnerability needs to be analysed in a way that gets at the heart of the differential power relationships that exist in society, particularly in respect of access to family justice, including effective social policy and law targeted at the specific needs of families in mutually dependent caring relationships. It is therefore crucial to critically examine the various approaches taken by policy makers and law reformers in order to understand the range of ways that some families, and some family members, may be rendered more vulnerable than others. The first book of its kind to provide an intersectional approach to this subject, Vulnerabilities, Care and Family Law will be of interest to students and practitioners of social policy and family law.

Author : Mavis Maclean,John Eekelaar,Benoit Bastard
Publisher : Bloomsbury Publishing
Page : 429 pages
File Size : 52,8 Mb
Release : 2015-08-27
Category : Law
ISBN : 9781782259718

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Delivering Family Justice in the 21st Century by Mavis Maclean,John Eekelaar,Benoit Bastard Pdf

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.

Author : Trevor C.W. Farrow,Lesley A. Jacobs
Publisher : UBC Press
Page : 369 pages
File Size : 53,8 Mb
Release : 2020-09-01
Category : Law
ISBN : 9780774863605

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The Justice Crisis by Trevor C.W. Farrow,Lesley A. Jacobs Pdf

Unfulfilled legal needs are at a tipping point in much of the Canadian justice system. The Justice Crisis assesses what is and isn’t working in efforts to strengthen a fundamental right of democratic citizenship: access to civil and family justice. Contributors to this wide-ranging overview of recent empirical research address key issues: the extent and cost of unmet legal needs; the role of public funding; connections between legal and social exclusion among vulnerable populations; the value of new legal pathways; the provision of justice services beyond the courts and lawyers; and the need for a culture change within the justice system.

Author : Michael G. Cochrane
Publisher : John Wiley & Sons
Page : 370 pages
File Size : 41,7 Mb
Release : 2011-11-21
Category : Family & Relationships
ISBN : 9781118083994

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Surviving Your Divorce by Michael G. Cochrane Pdf

When people are going through the emotional trauma of separation and divorce, they turn to Canada's best-selling guide to family law, Surviving Your Divorce. In it, family law expert Michael G. Cochrane, LL.B., answers questions such as: What are my rights? What will happen to the children? How much does divorce cost? Surviving Your Divorce is a non-technical book that explains the legal options available to married, common-law, and same-sex couples going through separation or divorce. This popular guide covers child custody, division of property, support, domestic violence, the rights of common-law couples, and much more provides tips and strategies to help you negotiate separation and divorce with your lawyer, potentially saving a lot of time and money includes real-life stories that illustrate the application of family law includes samples of key legal and financial documents, a comprehensive resource section, and a glossary of legal terms Be prepared for the process of divorcing. You can help your lawyer by knowing what questions to ask and what steps are involved. Considering self-representation? An entirely new chapter shows you how to build a framework for your case the same way lawyers do, with 50 tips on how to handle court appearances and more. "This readable, informative book is packed with all the information necessary to make informed decisions about marriage and divorce agreements. Cochrane has taken pains to describe just about every legal pitfall and divorce experience imaginable." —Calgary Herald "This book is not intended to convince you to go it alone, without a lawyer. It's designed, rather, to help you know what to expect. . . This is a book full of common-sense advice delivered in plain talk." —The Gazette (Montreal) Money- and Anxiety-Saving Strategies How to Help Your Lawyer Help You What Not to Do When Going through Divorce Secrets, Tactics, and Strategies Used by Lawyers How to Represent Yourself in Court

Author : M & ATKIN HENAGHAN (B.),W. R. Atkin
Publisher : Unknown
Page : 128 pages
File Size : 49,7 Mb
Release : 2019-11
Category : Electronic
ISBN : 0947514961

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Family Law Policy in New Zealand by M & ATKIN HENAGHAN (B.),W. R. Atkin Pdf

Family Law Policy in New Zealand considers family law as a whole, from the definitions of 'family', through to context, goals, aspirations and judicial outcomes. Since the 4th edition was published in 2013, family law has undergone significant legislative change. Included in this edition is commentary on the changes recommended by the independent panel on family justice and the Law Commission on relationship property reform. As well as discussion of the Family Violence Act 2018, Child Poverty Reduction Act 2018 and amendments to the Oranga Tamariki Act 1989. The leading family law commentators in New Zealand have again provided insightful and authoritative essays, suitable for use in policy, study and practice.

Author : Mervyn Murch,Douglas Hooper
Publisher : Unknown
Page : 147 pages
File Size : 54,9 Mb
Release : 1992
Category : Domestic relations
ISBN : 0853081875

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The Family Justice System by Mervyn Murch,Douglas Hooper Pdf

Author : Michael Freeman
Publisher : Routledge
Page : 367 pages
File Size : 55,8 Mb
Release : 2017-05-15
Category : Law
ISBN : 9781351937122

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Family Values and Family Justice by Michael Freeman Pdf

This volume collects together Michael Freeman's work on the family and society, and the part law plays in defining, structuring and controlling it. He questions the role of family law and its interface with family values, as well as the rights and best interests of children. Responsible parenthood is examined as well as the relationship between family law and medical law, examining surrogacy and saviour siblings. On adult relations the volume centres on domestic violence, same sex marriage, and alternative dispute resolution. Finally he examines the relationship between law and religion, focusing on Jewish divorce and the role of the state. The book is essential reading for scholars and students of family law, as well as those interested in gender and patriarchy, law and feminism, rights, and dispute resolution.

Author : Flavia Agnes
Publisher : Oxford University Press
Page : 128 pages
File Size : 42,7 Mb
Release : 2011-02-17
Category : Law
ISBN : 9780199088485

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Family Law by Flavia Agnes Pdf

Family law in India has a complex legal structure where different religious communities are guided by their own personal laws, each of which historically evolved under various social, religious, political, and legal influences. In two comprehensive and lucid volumes, Flavia Agnes, a leading activist and advocate in the area, examines family law in the light of social realities, contemporary rights discourse, and the idea of justice. What is unique in these volumes is that the ground level litigation practices around women's rights are interwoven with the critical analyses of the statutory provisions. Relying extensively upon case law, Volume 2 examines: the litigation around the validity of marriage and procedures for dissolving it, the contemporary debates around issues such as child marriages, NRI marriages, and registration of marriages the framework of law on the issues of maintenance, matrimonial residence, and custody and guardianship of children, and whether considering the procedural aspects of matrimonial law, and the increased powers of the family courts, gender justice concerns are being adequately addressed. The volume also emphasizes that it is necessary and possible for the law to fairly reflect individual and social contingencies at the ground level.

Author : Clifford Bellamy
Publisher : Bath Publishing Limited
Page : 410 pages
File Size : 52,5 Mb
Release : 2020-03-31
Category : Law
ISBN : 9781739099282

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The ‘Secret’ Family Court - Fact or Fiction? by Clifford Bellamy Pdf

For approaching two decades, family courts have been accused of making life changing decisions about children and who they live with made in secret, away from the scrutiny of the public gaze. Recognising the force of these accusations, senior family courts judges have, over that time, implemented a raft of rule changes, pilot projects and judicial guidance aimed at making the family justice more accountable and transparent. But has any progress been made? Are there still suspicions that family judges make irrevocable, unaccountable decisions in private hearings? And if so, are those suspicions justified and what can be done to dispel them? In this important and timely new book, Clifford Bellamy, a recently retired family judge who has been at the sharp end of family justice during all these changes, attempts to answer those questions and more. He has spoken to leading journalists, judges and academic researchers to find out what the obstacles to open reporting are – be they legal, economic or cultural - and interweaves their insights with informed analysis on how the laws regulating family court reporting operate. Along the way he provides a comprehensive review of the raft of initiatives he has seen come and go, summarises the position now and uses this experience to suggest how this fundamental aspect of our justice system could adapt in the face of this criticism. Every professional working in the family justice system – lawyers, social workers, court staff and judges - as well as those who job it is to report on legal affairs, should read this informative, nuanced exposition of what open justice means and why it matters so much to those whose lives are upended by the family justice system.

Author : Frank Simons
Publisher : Lulu.com
Page : 273 pages
File Size : 54,8 Mb
Release : 2007-12
Category : Law
ISBN : 9781430327318

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Courts from Hell - Family Injustice in Canada by Frank Simons Pdf

Since the introduction of the so called "No Fault Divorce" in Canada, the divorce industry has evidenced unprecedented growth estimated at $6 billion per year. The problem is that the Legal / Court industry thrives off the $B's generated by Tax payers and Families in crises. For this they provide no value and in fact cause destruction of families by unnecessarily removing fathers from children's lives and lowering the standard of living for all family members. This is done through unnecessary litigation, biased decisions and unreasonable support orders which escalate conflict to perpetuate the status quo in support of their self serving business. The Solution is to update divorce laws to reflect parental equality and get families out of court eliminating significant grief and $'s wasted by families and taxpayers. An alternative to courts is identified in the book.