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. 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.

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.

scholarly journals Transparenthood

2019 ◽  
pp. 1593
Author(s):  
Sonia Katyal ◽  
Ilona Turner
Keyword(s):  
Family Law ◽  
Case Law ◽  
Risk Of Bias ◽  
Equal Treatment ◽  
Family Court ◽  
Court System ◽  
Law System ◽  
Irreparable Harm ◽  
The Family ◽  
Lgbt Parenting

Despite the growing recognition of transgender rights in both law and culture, there is one area of law that has lagged behind: family law’s treatment of transgender parents. We perform an investigation of the way that transgender parents are treated in case law and discover striking results regarding the outcomes for transgender parents within the family court system. Despite significant gains for transgender plaintiffs in employment and other areas of law, the evidence reveals an array of ways in which the family court system has systematically alienated the rights and interests of transgender parents. In many cases involving custody or visitation, we find that the transgender parent loses their bid, sometimes even losing their right to be recognized as a parent. This absence of equal treatment is striking and deserving of analysis, particularly given the law’s shift toward a standard that is supposed to minimize the risk of bias in LGBT parenting cases. In a striking number of cases, however, we found evidence of persistent bias regarding the gender identity and expression of the transgender parent—which we refer to as transition, contagion, and volition related concerns—that underscores the courts’ analysis. Normatively, this Article calls for a deeper interrogation of the ways in which family equality can be expanded—and even reoriented—to better protect the interests of transgender parents within the family law system. As a solution, we propose a way to balance courts’ broad discretion with the disproportionate risk that bias will infect the decisionmaking, resulting in irreparable harm to both the child and the parent.

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.

ROLE OF THE COURTS

PEDIATRICS ◽  
1973 ◽  
Vol 51 (4) ◽  
pp. 796-798
Author(s):  
Florence M. Kelley
Keyword(s):  
Social Work ◽  
Juvenile Court ◽  
Family Court ◽  
Court System ◽  
The Family ◽  
Long Time ◽  
Neglected Children ◽  
Abused And Neglected Children ◽  
As If

It is important to know what the courts can do and cannot do in the area of abused and neglected children. Often the Family Court is listed as an agency. It is not an agency. It is part of the court system. Its operation is circumscribed by the concept of being a real court. For a long time there was a theory that the Family Court or Juvenile Court could be a kind of social work oriented operation, not quite a real court, not truly a social work agency. This concept has been abandoned. The Family Court is a court of record and is in all aspects a court. It is dependent in the action it takes on evidence which must conform to strict rules that are laid down. It is an adversary proceeding. It is not enough to produce a child that looks as if it has been beaten. A judge in the Family Court also has before him the person who may be charged with having beaten the child. That person, be it a parent or guardian, is entitled to counsel, to help in his defense. The adversary process then takes place. Persons bring forth evidence to show that the parent did abuse the child. The parent is enabled under the court system to bring forth before the judge evidence that he or she did not do it. It is then up to the judge to give this evidence due weight and make a decision as to whether or not the allegations have been proven.

Family Law 2018

2018 ◽  
Author(s):  
Jane Sendall
Keyword(s):  
Child Support ◽  
Family Law ◽  
Public Funding ◽  
Civil Partnership ◽  
Complex Processes ◽  
The Family ◽  
The Subject ◽  
Self Test ◽  
Relationship Breakdown ◽  
First Interview

Family Law takes a highly practical, student-centred approach to the essential law and procedure at the heart of family law. Providing a comprehensive guide to the subject, it focuses on relationship breakdown, money and property, children, and domestic abuse. A concise writing style and short chapters ensure focused learning, while chapter summaries and self-test questions help students to consolidate their knowledge and identify areas for further study. Throughout the book case studies and examples are used, demonstrating how family law applies in practice and helping to prepare students for their future careers. The book also features diagrams and flowcharts throughout, helping to improve understanding of complex processes or areas of difficulty. Topics that are covered include: family law practice and the first interview; public funding; alternative dispute resolution in family law; judicial separation and nullity; divorce; defences to divorce; jurisdiction; procedure for a matrimonial order; the Civil Partnership Act 2004; dissolution of a civil partnership; financial orders following divorce or dissolution; financial orders; pre-marital agreements; procedure for financial orders; variation, collection, and enforcement of financial orders; protecting assets and the family home in financial order proceedings; separation and maintenance agreements; child support; pensions in financial proceedings; and taxation in family law.

Custody Jurisdiction in the Family Court

1981 ◽  
Vol 12 (4) ◽  
pp. 281-307
Author(s):  
Owen Jessep ◽  
Richard Chisholm*
Keyword(s):  
Family Law ◽  
State Courts ◽  
Family Court ◽  
High Court ◽  
The Family ◽  
Difference Of Opinion ◽  
Considerable Confusion

Considerable confusion and difference of opinion exists as to the precise boundaries of jurisdiction in custody matters between Federal and State courts. This Article examines the main cases in which the scope of the Family Court's custody jurisdiction has been in issue, and reviews suggestions made to remedy the problems resulting from the division of jurisdiction. The authors argue for an interpretation of the relevant provisions of the Family Law Act 1975 (Cth) which is consistent with the trend of High Court authority as to the scope of the marriage power (section 51(xxi) of the Constitution), and which would remove much of the uncertainty concerning the Family Court's jurisdiction.

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