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Caring for Families in Court: An Essential Approach to Family Justice


ISBN13: 9781138684119
Published: December 2018
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £130.00



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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 should operate.

The authors are well-known figures in the area, have been involved in family court reform on both a US national and an international scale for many years.

Subjects:
Family Law
Contents:
The Family Justice System—What it is, How it works, and an Ideal Unified Family Court Model
I Introduction
II What Is a Family Court?
III Who Is Using Family Courts?
IV How Are Family Courts Performing?
V The Ideal: A Unified Family Court
VI Conclusion

The Unified Family Court’s Ecological and Therapeutic Capacities—A Crucial Interdisciplinary Paradigm
I Introduction
II The Ecology of Human Development
III Therapeutic Jurisprudence
IV Putting the Pieces Together to Improve Family Justice
V The Need for More Components
VI Conclusion

Equipping the Family Justice System with the Ethic of Care
I Introduction
II Defining Care and the Ethic of Care
III Historical Background
IV The Ethic of Care and the Law
V The Ethic of Care versus the Ethic of Justice
VI Conclusion

Family Narratives and Caring Justice
I Introduction
II Defining Narrative
III Narrative and the Law: An Historical Perspective
IV The Importance of Narrative
V Narrative Attributes
VI How Narrative Works: Narrative Competence and Narrative Capacities
VII Conclusion

Applying an Ethic of Care to the Family Justice System: The Transformative Power of Caring and Narrative
I Introduction
II Envisioning the Family Justice System as a Care Center
III The Role of Narrative in Promoting Care
IV Is Caring Teachable?
V Conclusion

Portraits of Caring
I Introduction
II Court Facilities and Aesthetics
III Specialty Court Programs
IV Court-Supplied Services
V Court-Community Connections
VI Court Policies
VII Caring Judges
VIII Conclusion: Caring Family Courts

Index