What Is a Family Justice System For? by Rachel Treloar Paperback Book

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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.

FORMATPaperback CONDITIONBrand New Author Biography

Mavis Maclean is Co-Founder of the Oxford Centre for Family Law and Policy, Department of Social Policy and Intervention, Oxford University and Senior Research Fellow of St Hilda's College, Oxford, UK.Rachel Treloar is Lecturer in Law at Keele University, UK.Bregje Dijksterhuis is Assistant Professor at Utrecht University, the Netherlands.

Table of Contents

IntroductionMavis Maclean (University of Oxford, UK)PART ABOUNDARIES1. Recent Family Law Reforms and High-Conflict Post-Separation Parenting Disputes in CanadaRachel Treloar (Keele University, UK)2. Co-operation: The Glue that Unites the Danish Family Justice SystemAnnette Kronborg (University of Southern Denmark) and Christine Jeppesen de Boer (Utrecht University, the Netherlands)3. Family Justice Systems, Social Behaviour and Financial Arrangements after Divorce in the NetherlandsBregje Djksterhuis (University of Utrecht, the Netherlands) and Alexander Flos (VU University Amsterdam, the Netherlands)4. Implementing Gender Equality as an Aim of the Swiss Family Justice SystemMichelle Cottier, (University of Geneva, Switzerland), Binda Sahdeva (University of Geneva, Switzerland), and Gaelle Aeby (University of Geneva, Switzerland)PART BPARTICIPANTS5. Reforms and Reorganisation of Family Justice in France: What Are the Current Responses to the Needs of Divorcees?Benoit Bastard (University of Paris-Saclay, France)6. Family Matters in the Polish Court: Law and Public OpinionMalgorzata Fuszara (University of Warsaw, Poland) and Jacek Kurczewski (University of Warsaw, Poland)7. The Current Situation for Mediation and Other Forms of ADR in Spain with Special Reference to the Consequences of the Covid-19 Health CrisisTeresa Picontó (University of Zaragoza, Spain) and Elena Lauroba (University of Barcelona, Spain)PART CINNOVATIVE PRACTICE8. Experimenting with a Non-Adversarial Procedure for Child-related Parental Disputes in the NetherlandsMasha Antokolskaia (VU University of Amsterdam, the Netherlands), Marit Buddenbaum (VU University of Amsterdam, the Netherlands), and Lieke Coenraad (VU University of Amsterdam, the Netherlands)9. Legal Needs across the Family Justice System: Who Needs What, Where and When? The Contribution of CLOCK, a Community Outreach System in England and WalesJane Krishnadas (Keele University, UK)PART DMAJOR POLICY CHANGE10. Developing Holistic and Inclusive Family Justice in ArgentinaJulieta Marotta (Maastricht University, the Netherlands)11. Raising Questions on the Family Justice System in Turkey: An Ambivalent FragmentationVerda Irtis (Galatasaray University, Turkey)12. How Does a Legal System Deal with Malfunctions by Its Judicial Officers?Belinda Fehlberg (University of Melbourne, Australia) and Richard Ingleby (Victorian Bar, Australia)13. Family Court Proceedings in Parent and Child Matters in Germany: A Binding Setting for Alternative Dispute ResolutionThomas Meysen (International Centre for Socio Legal Studies, Heidelberg, Germany)14. What is a Family Justice System for? Concluding Observations and Next StepsMavis Maclean (University of Oxford, UK)

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This book examines the functions of the family justice system across 4 continents and asks how justice in family matters sits alongside welfare considerations.

Details ISBN1509951016 Author Mavis Maclean Pages 288 Year 2024 ISBN-13 9781509951017 Format Paperback Publication Date 2024-02-22 Imprint Hart Publishing Edited by Mavis Maclean Place of Publication Oxford Country of Publication United Kingdom AU Release Date 2024-02-22 NZ Release Date 2024-02-22 UK Release Date 2024-02-22 ISBN-10 1509951016 Publisher Bloomsbury Publishing PLC Series Oñati International Series in Law and Society DEWEY 346.015 Audience Tertiary & Higher Education We've got this

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