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Author: Barbara A. Babb
Publisher: Routledge
ISBN: 1134842619
Category : Law
Languages : en
Pages : 211
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Book Description
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: Barbara A. Babb
Publisher: Routledge
ISBN: 1134842619
Category : Law
Languages : en
Pages : 211
Get Book Here
Book Description
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: John Eekelaar
Publisher: Bloomsbury Publishing
ISBN: 1782251588
Category : Law
Languages : en
Pages : 238
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Book Description
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: Harvey Brownstone
Publisher: ECW Press
ISBN: 1554903467
Category : Family & Relationships
Languages : en
Pages : 304
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Book Description
Explaining complex family law concepts and procedures in a jargon-free style, this resource includes detailed information on how family court works, offers easily understandable case examples, and describes alternatives to litigation that are designed to help prevent families with children from entering the legal system to resolve disputes. Exploring subjects that apply to all parties involved in resolving separation, divorce, and custody conflictsjudges, lawyers, mediators, parenting coaches, psychologists, family counselors, and social workersthis reference demystifies the role of lawyers and judges, debunks the myth that parents can represent themselves in court, and examines each parents responsibility to ensure that post-separation conflicts are resolved with minimal emotional stress to children.
Author: Lisa Parkinson
Publisher: Family Law Publications
ISBN: 9781846612749
Category : Family mediation
Languages : en
Pages : 0
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Book Description
Mediation provides an alternative to litigation in the courts to resolve family disputes and/or make arrangements about children, finances, and other personal matters after separation or divorce. It is intended to reduce the time, cost, and stress involved by helping families reach long-lasting agreements in the best interests of all involved. The UK government is increasingly supportive of this form of dispute resolution and matrimonial lawyers need to be aware of how they can integrate mediation with their existing legal skills. Now in its second edition, this is an authoritative and practical guide which clearly explains the mediation process, taking the reader through each stage, explaining how to interact with other professionals, and providing invaluable advice on the role of the mediator in particular situations.
Author: Maryann Petri
Publisher:
ISBN: 9781648718366
Category : Law
Languages : en
Pages : 160
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Book Description
Family Court has become highly profitable business. In courtrooms across this nation, children are being torn away and isolated from their father or mother as they become pawns in a game designed to keep parent's fighting, and money flowing. Today, a narcissistic, abusive parent can easily use the "justice system" to punish, torment and alienate the target parent. CPS workers frequently use their power to enable such abuse, as their opinions are treated as scientific conclusions during trials where the alienated parent finds his or herself disparaged and maligned without evidence to back up such attacks other than the observations of these case workers. Maryann Petri's story is a critical example revealing the truth about Family Court corruption. It is a must-read for anyone going through such legal oppression, both to validate their suffering and to provide tools with which to fight back, as Maryann teaches what she has learned. Dismantling Family Court Corruption: Why Taking The Kids Was Not Enough tells the story of Maryann's journey, providing essential "Takeaways" throughout which conveys to the reader the wisdom she gained which can empower them to be stronger, more resilient and more successful in the midst of their own Family Court battles. As a Pro Se, Maryann has a better record than most attorneys, winning two cases in Superior Court.Dismantling Family Court Corruption is also an essential book to demonstrate how easily and effectively Family Law professionals are able to exploit the contention of parents, and proves the utter lack of oversight to prevent such abuse. Maryann's story is not unique; she is one of thousands whose tragedies have brought to the forefront the new psychological term: Parental Alienation. While painful to read, Maryann's story is fast-paced and provides many moments of humor and hope as she recounts courtroom experiences and what it was like being sent to jail, a real-life debtor's prison. Sitting in the holding cell, she used the acoustics of the cement walls to ring with beautiful music that even the guards stopped to admire. At only pages, it is an approachable book which can serve as one of the most important resources for raising awareness and starting conversations about Family Law Corruption and the reality of Parental Alienation. Maryann observes, "Although my story is ultimately tragic, as I lost my children to the beastly system, I can find purpose and meaning in what I have gone through. I hope that my book will serve to indict the system which broke (figuratively and financially) and damaged my family so that changes will be made to prevent such false accusations, extortion and persecution in the future."Maryann Petri is a first-hand-experience, leading expert on the issue of Family Court corruption. She is at the forefront of the movement to stop this abuse and has a website, blog and podcast which can be found at www.DismantlingFamilyCourtCorruption.com.
Author: Mavis Maclean
Publisher: Bloomsbury Publishing
ISBN: 1509950990
Category : Law
Languages : en
Pages : 283
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Book Description
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: Family Justice Review
Publisher: The Stationery Office
ISBN: 9780108510557
Category : Law
Languages : en
Pages : 234
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Book Description
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.
Author: Brian K. Payne
Publisher: Routledge
ISBN: 1317522583
Category : Family & Relationships
Languages : en
Pages : 544
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Book Description
The historical context of family violence is explored, as well as the various forms of violence, their prevalence in specific stages of life, and responses to it made by the criminal justice system and other agencies. The linkage among child abuse, partner violence and elder abuse is scrutinized, and the usefulness of the life-course approach is couched in terms of its potential effect on policy implications; research methods that recognize the importance of life stages, trajectories, and transitions; and crime causation theories that can be enhanced by it.
Author: Dan Markel
Publisher: Oxford University Press
ISBN: 0195380061
Category : Law
Languages : en
Pages : 252
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Book Description
Privilege or Punish: Criminal Justice and the Challenge of Family Ties will expose some of the challenges the American criminal justice system faces when it intersects with the interests of the family. The authors find that the state does not always impinge upon family members in the course of investigating or prosecuting all the crimes about which it knows. Legal institutions and actors frequently defer to the decision of family members to prioritize their duties to family over their duties as citizens. Some examples of these accommodations include evidentiary privileges that enable family members to avoid furnishing evidence against their loved ones or exemptions for family members from laws prohibiting the harboring of fugitive. The authors characterize state policies that appear to promote family interests as "family ties benefits" - and there are many of them. The authors generally oppose conferring family ties benefits in the criminal justice system. This is a controversial stance, but Markel, Collins, and Leib argue that in many circumstances there are simply too many costs to the criminal justice system when it gives special benefits to family members, while at the same time excluding citizens who are not part of a state-sanctioned family unit.
Author: Jess Hill
Publisher: Black Inc.
ISBN: 1743820860
Category : Social Science
Languages : en
Pages : 464
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Book Description
Domestic abuse is a national emergency: one in four Australian women has experienced violence from a man she was intimate with. But too often we ask the wrong question: why didn’t she leave? We should be asking: why did he do it? Investigative journalist Jess Hill puts perpetrators – and the systems that enable them – in the spotlight. See What You Made Me Do is a deep dive into the abuse so many women and children experience – abuse that is often reinforced by the justice system they trust to protect them. Critically, it shows that we can drastically reduce domestic violence – not in generations to come, but today. Combining forensic research with riveting storytelling, See What You Made Me Do radically rethinks how to confront the national crisis of fear and abuse in our homes. ‘A shattering book: clear-headed and meticulous, driving always at the truth’—Helen Garner ‘One Australian a week is dying as a result of domestic abuse. If that was terrorism, we’d have armed guards on every corner.’ —Jimmy Barnes ‘Confronting in its honesty this book challenges you to keep reading no matter how uncomfortable it is to face the profound rawness of people’s stories. Such a well written book and so well researched. See What You Made Me Do sheds new light on this complex issue that affects so many of us.’—Rosie Batty
