7. The family justice system

2017 ◽  
Author(s):  
Martin Partington
Keyword(s):  
Domestic Violence ◽  
Child Support ◽  
Justice System ◽  
Family Law ◽  
Institutional Framework ◽  
Family Court ◽  
Legal Aid ◽  
System P ◽  
The Family

This chapter discusses the family justice system. It considers the role law plays in regulating the family. It covers the institutional framework of family justice; creation of the family court; the remedies available in that court; adoption; other matrimonial matters. It considers policy relating to child support, and notes changes to ways of dealing with domestic violence. It considers the legal practitioners involved in family law issues and changes to legal aid for funding for family law cases.

7. The family justice system

2021 ◽  
pp. 197-217
Author(s):  
Martin Partington
Keyword(s):  
Domestic Violence ◽  
Child Support ◽  
Justice System ◽  
Family Law ◽  
Institutional Framework ◽  
Family Court ◽  
Legal Aid ◽  
System P ◽  
The Family ◽  
Domestic Violence And Abuse

This chapter discusses the family justice system. It considers the role law plays in regulating the family. The chapter covers the institutional framework of family justice and its transformation. It notes the creation of the Family Court and the pressures on that court. It reviews the remedies which are available in that court, in particular those relating to the protection of children. The chapter briefly considers adoption. It considers other matrimonial matters, in particular the introduction of no-fault divorce and the financial effects of divorce. It considers policy relating to child support, and notes changes to ways of dealing with domestic violence and abuse. It considers the legal practitioners involved in family law issues and how they seek to deal with family disputes on a less adversarial basis. The effect of changes to legal aid for funding for family law cases is discussed.

7. The family justice system

2019 ◽  
pp. 191-209
Author(s):  
Martin Partington
Keyword(s):  
Domestic Violence ◽  
Child Support ◽  
Justice System ◽  
Family Law ◽  
Institutional Framework ◽  
Family Court ◽  
Legal Aid ◽  
System P ◽  
The Family ◽  
The Creation

This chapter discusses the family justice system. It considers the role law plays in regulating the family. The chapter covers the institutional framework of family justice and its transformation. It notes the creation of the Family Court and the pressures on that court. It reviews the remedies which are available in that court, in particular those relating to the protection of children. The chapter briefly considers adoption. It considers other matrimonial matters, in particular the financial effects of divorce. It considers policy relating to child support, and notes changes to ways of dealing with domestic violence. It considers the legal practitioners involved in family law issues and how they seek to deal with family disputes on a less adversarial basis. The effect of changes to legal aid for funding for family law cases is discussed.

7. The family justice system

2018 ◽  
Author(s):  
Martin Partington
Keyword(s):  
Domestic Violence ◽  
Child Support ◽  
Justice System ◽  
Family Law ◽  
Institutional Framework ◽  
Family Court ◽  
Legal Aid ◽  
System P ◽  
The Family

This chapter discusses the family justice system. It considers the role law plays in regulating the family. It covers the institutional framework of family justice and its transformation; creation of the family court; the remedies available in that court; adoption; other matrimonial matters. It considers policy relating to child support, and notes changes to ways of dealing with domestic violence. It considers the legal practitioners involved in family law issues and changes to legal aid for funding for family law cases.

4. Domestic Violence

2015 ◽  
Author(s):  
Sonia Harris-Short ◽  
Joanna Miles ◽  
Rob George
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Criminal Justice ◽  
Justice System ◽  
Family Law ◽  
Civil Law ◽  
Third Party ◽  
Human Rights Law ◽  
The Family ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses what the law can do directly to punish and rehabilitate perpetrators of domestic violence and to protect victims. The chapter sets out the latest empirical data regarding domestic abuse and considers various theories regarding domestic violence. The chapter addresses the requirements of human rights law in this area; the criminal justice system and domestic violence; the civil law and domestic violence; the Family Law Act (FLA) 1996, Part IV; enforcement of orders under the FLA 1996; third party action on behalf of victims, including the Crime and Security Act 2010; and integrating criminal, civil, and family proceedings.

scholarly journals Bill Atkin: A Fierce Defender of Children's Rights and Proponent of Child-Focused Legislation

2015 ◽  
Vol 46 (3) ◽  
pp. 591
Author(s):  
Mark Henaghan ◽  
Ruth Ballantyne
Keyword(s):  
Child Support ◽  
Family Law ◽  
Well Being ◽  
Family Court ◽  
Physical Discipline ◽  
Court System ◽  
The Family ◽  
Legislative Reforms ◽  
Children’S Views ◽  
Made In

This article illustrates the different ways in which Professor Bill Atkin has shown where family law legislative reforms have fallen short in making the rights and well-being of children the paramount consideration in family law disputes, and properly taking account of children's views on matters that affect them. It examines Atkin's thought-provoking analysis of the introduction of the Care of Children Act 2004 and the changes made in recent years to the Child Support Act 1991, the Property (Relationships) Act 1976 and the Family Court system as a whole. The article also explores Atkin's approval of the amendments to the Crimes Act 1961 preventing parents from using physical discipline against their children for the purposes of correction. Overall, the article highlights Atkin's extensive contribution to family law and demonstrates what needs to be changed to ensure New Zealand family law and society becomes more child-focused in the future.

7. Domestic Violence and Abuse

Family Law ◽  
2018 ◽  
Author(s):  
Anna Carline ◽  
Roxanna Dehaghani
Keyword(s):  
Social Issue ◽  
Domestic Violence ◽  
Family Law ◽  
Domestic Abuse ◽  
Legal Aid ◽  
Protection Orders ◽  
The Family ◽  
Private Matter ◽  
The Impact ◽  
Domestic Violence And Abuse

The chapter examines how, historically, domestic violence was considered to be a private matter that was none of the law's concern. While domestic violence is now recognised to be an important social issue, the historical acceptance of such abuse provides a context to understand some of the difficulties that victims face today. A key focus of the chapter is the family law remedies available for domestic abuse victims. Three key remedies are examined: non-molestation orders, occupation orders, and forced marriage protection orders. The chapter also explores some of the wider factors pertaining to the family justice system's response to domestic violence. It is important to recognise the impact of the changes to legal aid as introduced by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and the extent to which victims of domestic violence may feel threatened during family law proceedings, particularly in cases involving the arrangements for children after separation.

1. Introduction to Family Law

Family Law ◽  
2019 ◽  
pp. 1-27
Author(s):  
Joanna Miles ◽  
Rob George ◽  
Sonia Harris-Short
Keyword(s):  
Sexual Orientation ◽  
Family Law ◽  
State Intervention ◽  
Family Court ◽  
Sex And Gender ◽  
System P ◽  
The Family ◽  
Rules Versus Discretion ◽  
And Gender

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter begins with an overview of families and family law in England and Wales today. It then discusses themes and issues in contemporary family law, covering rules versus discretion; women’s and men’s perspectives on family law; sex and gender identity; sexual orientation; cultural diversity; and state intervention versus private ordering, including the role of the family court and of non-court dispute resolution in family cases, and challenges facing the family justice system.

Changing the culture of family justice: barriers to be overcome

2018 ◽  
pp. 241-274
Author(s):  
Mervyn Murch
Keyword(s):  
Information Technology ◽  
Justice System ◽  
Public Services ◽  
Civil Service ◽  
Family Law ◽  
Coalition Government ◽  
Legal Aid ◽  
Emotional Resilience ◽  
Children’S Wellbeing ◽  
The Family

This chapter considers a number of underlying problematic issues that make it difficult to change the culture of the family justice system so as to put the needs of children centre stage and see the system as part of a matrix of public services to promote children's wellbeing and strengthen their emotional resilience. The discussions cover the way the Coalition government set about cutting legal aid from most private family law proceedings; the repeated and longstanding failures to invest in information technology; the ‘normalisation’ of divorce and the problem of scale; the problem of labelling interparental disputes as ‘private law’ cases; the problem of ‘churn’ in civil service staffing policy; and attempts to overcome obstacles to interprofessional understanding and collaboration.

15. Family Law in Practice

Family Law ◽  
2018 ◽  
Author(s):  
Patrick Nicholls
Keyword(s):  
Legal System ◽  
Justice System ◽  
Family Law ◽  
Legal Aid ◽  
The Family ◽  
The Law ◽  
Law Courts ◽  
The Impact ◽  
Legal Procedures

This chapter examines how families use and access the legal system, and the recent changes in family justice. The procedural aspects of family law claims and the funding of litigation has seen extensive changes in recent years that have heavily influenced the use of the courts by families and the development of the law. The chapter identifies the source of the legal procedures, and explains the underlying policies and rules which must be followed for persons to obtain what orders the family law courts can make. It also examines the impact of cuts to legal aid on the family justice system. The cuts in legal aid have resulted in many more persons acting for themselves before the court as ‘litigants in person’. This has resulted in significant delays which some argue have put the family justice system in crisis and pitched the judiciary against their political counterparts.

Child Participation: Overcoming Disparity between New Zealand’s Family Court and Out-of-court Dispute Resolution Processes

2017 ◽  
Vol 25 (3-4) ◽  
pp. 658-671 ◽  
Author(s):  
Nicola Taylor
Keyword(s):  
New Zealand ◽  
Dispute Resolution ◽  
Justice System ◽  
Research Evidence ◽  
Family Court ◽  
New Family ◽  
The Family ◽  
Major Reform ◽  
Children’S Views ◽  
Resolution Processes

This article considers children’s right to participate in the context of private law disputes concerning their post-separation, day-to-day care and contact arrangements. In New Zealand the approach to ascertaining children’s views has been both long-standing and systematic for contested proceedings within the Family Court (via children’s legal representatives and judicial meetings with children). However, major reform of the family justice system in 2014 shifted the emphasis to new out-of-court processes for resolving post-separation parenting arrangements. The reforms were disappointingly silent on the issue of children’s participation in the new Family Dispute Resolution services, particularly mediation. A disparity has thus arisen between opportunities for children’s engagement in New Zealand’s in-court and out-of-court dispute resolution processes. Research evidence and international developments in Australia and England and Wales are reviewed for the guidance they can offer in remedying this in New Zealand and elsewhere.

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