Delivering Family Justice in the 21st Century

ISBN-13: 9781509917754 / Angielski / Miękka / 2017 / 384 str.

Mavis MacLean; John Eekelaar; Benoit Bastard

Opis

Family justice requires not only a legal framework within which personal obligations are regulated over the life course, but also a justice system which can deliver legal information, advice and support at times of change of status or family stress, together with mechanisms for negotiation, dispute management and resolution, with adjudication as the last resort. The past few years have seen unparalleled turbulence in the way family justice systems function. These changes are associated with economic constraints in many countries, including England and Wales, where legal aid for private family matters has largely disappeared. But there is also a change in ideology in a number of jurisdictions, including Canada, towards what is sometimes called neo-liberalism, whereby the state seeks to reduce its area of activity while at the same time maintaining strong views on family values. Legal services may become fragmented and marketised, and the role of law and lawyers reduced, while self-help web based services expand.The contributors to this volume share their anxieties about the impact on the ability of individuals to achieve fair and informed resolution in family matters.

Spis treści

Part I: Law and Delivering Family Justice 1. The Neoliberal Context of Family Law Reform in British Columbia, Canada: Implications for Access to (Family) Justice Rachel Treloar 2. The Revised Family Court System in New Zealand: Secret Justice and Privatisation Bill Atkin 3. Shaping Substantive Law to Promote Access to Justice: Canada’s Use of Child and Spousal Support Guidelines Carol Rogerson 4. Performing the Marriage Act Straight: The Legal Regulation of Marriage in the Australian Civil Wedding Ceremony Becky Batagol Part II: Judges and Courts Delivering Family Justice 5. National Paths Towards Private Ordering: Professionals ’Jurisdictions and Separating Couples’ Privacy in the French and Canadian Family Justice Systems Emilie Biland , Muriel Mille and Hélène Steinmetz 6. Family Justice in Bulgaria: The Old System and New Demands Velina Todorova 7. Family Courts and Family Cases in Poland and other Post-Communist Countries Malgorzata Fuszara and Jacek Kurczewski Part III: Current Context of Practice and Policy I: Bypassing Courts 8. Paths to Justice in Divorce Cases in England and Wales Rosemary Hunter , Anne Barlow, Janet Smithson and Jan Ewing 9. Family Lawyers and Multi-agency Approaches: Why Don’t Lawyers Work with Other Service Providers? Angela Melville , Karen Laing and Frank Stephen 10. Family Justice Without Courts: Property Settlement on Separation Using Contracts in Scotland Jane Mair, Fran Wasoff and Kirsteen Mackay II: Reducing Public Funding 11. Access to Justice in Spain in Times of Austerity, with Special Reference to Family Justice Teresa Picontó -Novales 12. Legal Aid, Fundamental Rights and Family Issues Encarna Roca Trías 13. Taking Responsibility? Legal Aid Reform and Litigants in Person in England Liz Trinder 14. Access to Justice in Hard Times and the Deconstruction of Democratic Citizenship Hilary Sommerlad 15. Casualties of Friendly Fire: Counter Productive Campaigning on Public Funded Legal Services Peter G Harris Part IV: Innovation in Delivering Family Justice 16. Controlling Time ? Speeding Up Divorce Proceedings in France and Belgium Benoit Bastard , David Delvaux , Christian Mouhanna and Frédéric Schoenaers 17. When is a Family Lawyer a Lawyer ? Lisa Webley 18. New Ways to Seek Legal Information and Advice on Family Matters in England and Wales: From Professional Legal Services to Google and Private Ordering Mavis Maclean 19. Can there be Family Justice Without Law ? John Eekelaar