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Research Handbook on Family Justice Systems
Bringing 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 Research Handbook is concerned with the rules referred to as ‘family law’, but also with the institutions comprising the operating system.
More Information
Critical Acclaim
Contributors
Contents
More Information
Bringing 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 Research Handbook is concerned with the rules referred to as ‘family law’, but also with the institutions comprising the operating system.
This Research 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.
This Research 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.
Critical Acclaim
‘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
– John Eekelaar, FBA
Contributors
Contributors: Gaelle Aeby, Masha Antokolskaia, Benoit Bastard, Mandy Burton, June Carbone, Michelle Cottier, Sonya Cotton, Vivienne Elizabeth, Belinda Fehlberg, Marilyn Freeman, Malgorzata Fuszara, Robert George, Oliver Gilman, Rosanna Hertz, Stephanie Holt, Rosemary Hunter, Richard Ingleby, Verda Irtis, Christina Jeppesen de Boer, Rae Kaspiew, Mavis Maclean, Moeata Keil, Annette Kronborg, Jacek Kurczewski, Pamela Laufer-Ukeles, Julie Macfarlane, Julieta Marotta, Thomas Meysen, Kayo Murayama, Simone McCaughren, Aisling Parkes, Geeske Ruitenbeerg, Ayesha Scott, Wendy Schrama, David Shilei, Federica Sona, Nicola Taylor, Hannah Thackeray, Rachel Treloar, Inge van der Valk, Eric Widner
Contents
Contents:
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
Index
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
Index
