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Delivering Family Justice in the 21st Century [Kietas viršelis]

Edited by , Edited by , Edited by (University of Oxford, UK)
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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.

Recenzijos

[ When] Delivering Family Justice in the 21st Century came out, I was confident of great things - and I was not disappointed...When you read [ the editors'] proposal you find yourself wondering why on earth no one has thought of this before. -- Marilyn Stowe * Marilyn Stowe Blog *

Acknowledgements v
List of Contributors
ix
Introduction 1(14)
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
15(24)
Rachel Treloar
2 The Revised Family Court System in New Zealand: Secret Justice and Privatisation
39(12)
Bill Atkin
3 Shaping Substantive Law to Promote Access to Justice: Canada's Use of Child and Spousal Support Guidelines
51(18)
Carol Rogerson
4 Performing the Marriage Act Straight: The Legal Regulation of Marriage in the Australian Civil Wedding Ceremony
69(18)
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
87(20)
Emilie Biland
Muriel Mille
Helene Steinmetz
6 Family Justice in Bulgaria: The Old System and New Demands
107(14)
Velina Todorova
7 Family Courts and Family Cases in Poland and other Post-Communist Countries
121(24)
Malgorzata Fuszara
Jacek Kurczewski
Part III Current Context of Practice and Policy
I Bypassing Courts
8 Paths to Justice in Divorce Cases in England and Wales
145(18)
Rosemary Hunter
Anne Barlow
Janet Smithson
Jan Ewing
9 Family Lawyers and Multi-agency Approaches: Why Don't Lawyers Work with Other Service Providers?
163(12)
Angela Melville
Karen Laing
Frank Stephen
10 Family Justice Without Courts: Property Settlement on Separation Using Contracts in Scotland
175(24)
Jane Mair
Fran Wasoff
Kirsteen Mackay
II Reducing Public Funding
11 Access to Justice in Spain in Times of Austerity, with Special Reference to Family Justice
199(16)
Teresa Piconto-Novales
12 Legal Aid, Fundamental Rights and Family Issues
215(8)
Encarna Roca Trias
13 Taking Responsibility? Legal Aid Reform and Litigants in Person in England
223(20)
Liz Trinder
14 Access to Justice in Hard Times and the Deconstruction of Democratic Citizenship
243(22)
Hilary Sommerlad
15 Casualties of Friendly Fire: Counter Productive Campaigning on Public Funded Legal Services
265(16)
Peter G. Harris
Part IV Innovation in Delivering Family Justice
16 Controlling Time? Speeding Up Divorce Proceedings in France and Belgium
281(24)
Benoit Bastard
David Delvaux
Christian Mouhanna
Frederic Schoenaers
17 When is a Family Lawyer a Lawyer?
305(18)
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
323(18)
Mavis Maclean
19 Can there be Family Justice Without Law?
341(14)
John Eekelaar
Index 355
Mavis Maclean is a Senior Research Fellow at St Hildas College, and the Department of Social Policy and Intervention, Oxford. John Eekelaar is Emeritus Fellow of Pembroke College Oxford. Benoit Bastard is Director of Research at CNRS, University of Paris-Saclay.