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What Is a Family Justice System For?

Edited by: Mavis Maclean, Rachel Treloar, Bregje Dijksterhuis

ISBN13: 9781509951017
To be Published: February 2024
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2022)
Price: £42.99
Hardback edition , ISBN13 9781509950973

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, and
  • Part 4 explores recent major changes of direction for the family justice systems of Australia, Argentina, Turkey, Spain, and Germany

Family Law
Part 1 - Refining the Boundaries of a Family Justice System: The Relationship between Justice and Welfare?
1. Recent Family Law Reforms and High Conflict Post-Separation Parenting Disputes in Canada
Rachel Treloar (Keele University, UK)
2. Cooperation in the Danish System
Annette Kronborg (University of Southern Denmark) and Christine Jeppesen de Boer (Utrecht University, Netherlands)
3. Should Family Justice Systems Reflect Individual Social Norms in Financial Arrangements after Divorce?
Bregje Djksterhuis (University of Utrecht, Netherlands) and Alexander Flos (VU Univesity Amsterdam, Netherlands)
4. Does Swiss Divorce Law Fulfil the Constitutional Mandate to Implement Gender Equality?
Michelle Cottier and Binda Sahdeva (both at University of Geneva, Switzerland)
Part 2 - How Are Working Practices Changing in the Family Justice System? Is the Growing Emphasis on Party Autonomy a Positive Choice or Driven by Economy?
5. What Is the Scope of Family Courts in France? Old and New Reforms Examined
Benoit Bastard (University of Paris-Saclay, France)
6. Family Issues and the Courts
Malgorzata Fuszara and Jacek Maria Kurczewski (both at University of Warsaw, Poland)
7. Family Justice and ADR in Spain: Which Cases Go Beyond ADR to the Courts? What Is the Impact of the Current COVID-19 Crisis?
Teresa Piconto Novales (University of Zaragoza, Spain) and Elena Lauroba (University of Barcelona, Spain)
Part 3 - After Entering the Door of the Court, What New Procedures Are Developing with the Involvement of Different Professionals and Lay Advisers in Legally Assisted Decision Making?
8. Experimenting with Non-Adversarial Divorce Procedure in the Netherlands
Masha Antokolskaya (VU University of Amsterdam, Netherlands)
9. Family Law Students as Assistants and/or Advisers: Is It More Important to Help or to Learn?
Lisa Webley (University of Birmingham, UK)
10. Who Needs What, Where and When? CLOCK, the Community Legal Companion: A Transformative Methodology to Identify Resources and Navigate Legal Needs through the Family Justice System
Jane Krishnadas (Keele University, UK)
Part 4 - Policy Change and User Impact: Aspirations, Aims and Outcomes in Argentina, Turkey, Australia, Germany and Spain
11. Developing Holistic and Inclusive Family Justice in Argentina
Julietta Marotta (Maastricht University, Netherlands)
12. The Impact of the E Court on the Family Justice System in Turkey
Verda Irtis (Galatasaray University, Turkey)
13. Australia's Family Justice Reforms: Vision and Reality
Belinda Fehlberg (University of Melbourne, Australia) and Richard Ingleby (Victorian Bar, Australia)
14. A Clear Vision for the Family Justice System, Bringing Together Justice and Welfare with the Court as a Binding Setting for Alternative Dispute Resolution in Germany
Thomas Meysen (International Centre for Socio Legal Studies, Heidelberg, Germany)
15. The German Family Justice System and Disputes: Preventing, Managing, Settling and Adjudicating on the One Hand, and Enforcing, Sanctioning, and Defending on the Other
Barbara Willenbacher (Leibniz University, Germany)
16. Family Justice: The Role of the Judiciary and the Human Rights of People Involved in Family Law Conflict
Encarna Roca Trias (Deputy President of the Constitutional Court of Spain)
17. Concluding Observations
Mavis Maclean (University of Oxford, UK), Rachel Treloar (University of Keele, UK) and Bregje Dijksterhuis (Utrecht University, Netherlands)