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OverviewBringing together current research from a diverse range of jurisdictions on family law, the Research Handbook on Family Justice Systems addresses the aims and boundaries of family justice systems. Delineating the common purpose of family law to achieve fairness for groups of people who live or have lived together, this Handbook is concerned with the rules referred to as ‘family law’, but also with the institutions comprising the operating system. This Handbook presents the view that a Family Justice System (FJS) is a living entity, working with and for a wide range of beliefs and practices, comprising far more than a set of rules and regulations, which can respond to a changing society, while also contributing to that change. Looking specifically at the FJS as an important and evolving element in the organisation of a society, with which sociologists, as well as lawyers and family sociologists are concerned, it explores how an FJS works in practice, what it tries to do and why. With contributions from the US, UK, Germany, Netherlands, Switzerland, France, Poland, Japan and China, this Research Handbook is an internationally relevant and comprehensive work. The Research Handbook on Family Justice Systems examines FJS in practice, making it highly pertinent to researchers, academics, practitioners, government lawyers, policymakers and government administrators in the fields of sociology and law with a special interest in family law and the FJS. Full Product DetailsAuthor: Mavis Maclean , Rachel TreloarPublisher: Edward Elgar Publishing Ltd Imprint: Edward Elgar Publishing Ltd ISBN: 9781800881396ISBN 10: 1800881398 Pages: 446 Publication Date: 12 May 2023 Audience: Professional and scholarly , Professional & Vocational Format: Hardback Publisher's Status: Active Availability: In Print  This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us. Table of ContentsContents: Introduction to the Research Handbook on Family Justice Systems xi Mavis Maclean and Rachel Treloar PART I FAMILY COURTS: ROLES AND BOUNDARIES 1 Australia’s family law system: a user-centred perspective 2 Rae Kaspiew 2 Access to the Danish family justice system viewed from a user perspective 20 Christina Jeppesen de Boer and Annette Kronborg 3 Is access to justice a platitude or a reality for Canadian self-represented litigants in family court? 32 Hannah Thackeray and Julie Macfarlane 4 Family law, family courts and public opinion in Poland 48 Małgorzata Fuszara and Jacek Kurczewski 5 International child abduction 64 Nicola Taylor and Marilyn Freeman PART II NEW WAYS OF WORKING 6 Coping with the changing regimes of couples and families: the French family justice system 85 Benoit Bastard 7 The inclusion of mediation in the family justice system of Argentina: an empirical study of law, courts and actors 97 Julieta Marotta 8 Achieving compliance with post-divorce parenting contact arrangements in the Netherlands: problems and potential solutions 112 Masha Antokolskaia, Christina Jeppesen de Boer, Geeske Ruitenberg, Wendy Schrama and Inge van der Valk 9 The rights of persons with dementia and their family caregivers 129 Kayo Murayama PART III PUBLIC AND PRIVATE FAMILY JUSTICE 10 Reforming the approach of the family courts in child arrangements cases involving allegations of domestic abuse 139 Mandy Burton and Rosemary Hunter 11 The voice of the child in family law proceedings in Ireland: the challenges of achieving first-world principles within a third-world infrastructure 155 Stephanie Holt, Simone McCaughren and Aisling Parkes 12 Post-separation financial abuse, the money taboo and the family justice system: perspectives from Aotearoa New Zealand 176 Ayesha Scott 13 Parental webs: multiple and disaggregated family forms in Israel 195 Pamela Laufer-Ukeles PART IV THE IMPACT OF SYSTEMS OF BELIEF ON FAMILY JUSTICE 14 Conflicting values: family justice in Turkey between ‘modern’ and ‘traditional’ 214 Verda Irtis 15 Paths to (in)justice? The interplay between Sharīʿah tribunals and public policy 229 Federica Sona 16 Are women in polygamous customary marriages entitled to constitutional protection in the Southern African development community? 250 Sonya Cotton 17 Relational negotiations of an ethic of justice and an ethic of care: Pacific mothers’ and fathers’ moral reasoning over children’s post-separation care arrangements 272 Moeata Keil and Vivienne Elizabeth 18 The family investigation system: a legislative exploration and practical questions 286 Lei Shi, Di Yuan and Yun Zhang PART V ISSUES EMERGING 19 Federalism, terminology, geography and systematic failure: the Australian family justice ‘system’ 302 Richard Ingleby and Belinda Fehlberg 20 The move to private ordering in divorce, gender and the role of family lawyers in Switzerland 318 Michelle Cottier, Eric D Widmer, Gaëlle Aeby and Bindu Sahdeva 21 American family courts and the triple system of family law adjudication 332 June Carbone 22 Changing regulatory frameworks: piercing anonymity and early access to gamete donors 349 Rosanna Hertz PART VI PROGRESS? 23 Amicable solutions as the norm in German family court proceedings after separation and divorce 367 Thomas Meysen 24 Delivering the art of the possible: an insight into the role of government lawyers in facilitating the recognition of same-sex relationships in the United Kingdom 380 Oliver Gilman 25 What are family courts for? Lessons from a pandemic 401 Rob George IndexReviews‘This magnificent compendium of information about family justice is no mere survey of legal provisions. Its 25 chapters by leading scholars and researchers delve into the subject from every possible perspective, exploring, among other things, conceptual and cultural issues, the interaction between legal and social welfare structures and processes and, above all, the evidence of empirical studies. This is set within a broad international context allowing wide inter-country comparisons, and an engagement with policy going beyond critique to positive guidance for future development. Truly a treasure trove.’ -- John Eekelaar, FBA 'This magnificent compendium of information about family justice is no mere survey of legal provisions. Its 25 chapters by leading scholars and researchers delve into the subject from every possible perspective, exploring, among other things, conceptual and cultural issues, the interaction between legal and social welfare structures and processes and, above all, the evidence of empirical studies. This is set within a broad international context allowing wide inter-country comparisons, and an engagement with policy going beyond critique to positive guidance for future development. Truly a treasure trove.' -- John Eekelaar, FBA Author InformationEdited by Mavis Maclean, CBE, Department of Social Policy and Intervention, University of Oxford and Rachel Treloar, Honorary Lecturer, School of Law, Keele University, UK Tab Content 6Author Website:Countries AvailableAll regions |
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