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Title Delivering family justice in the 21st century / edited by Mavis Maclean, John Eekelaar and Benoit Bastard
Published Oxford : Hart Publishing, 2015
©2015

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Description 1 online resource
Series Oñati international series in law and society
Oñati international series in law and society.
Contents Cover; Half-title; Title; Copyright; Acknowledgements; Contents; List of Contributors; Introduction; THE SCOPE AND PURPOSE OF THE BOOK: DEFINITIONS AND BOUNDARIES; STRUCTURE AND ANALYTICAL FRAMEWORK; ORGANISATION OF CHAPTERS; 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; INTRODUCTION; OVERVIEW OF THE FLA; KEY LEGAL DECISIONS; ASSESSMENT OF THE FLA: ONE YEAR ON; FAMILY JUSTICE IN NEOLIBERAL CONTEXT: WHAT DOES (FAMILY) JUSTICE REQUIRE?; CONCLUSION
2. The Revised Family Court System in New Zealand: Secret Justice and PrivatisationTHE ROLE OF THE STATE-A UNIVERSAL QUESTION?; MORE ON THE STATE: UNDERLYING TENSIONS; MORE UNIVERSAL QUESTIONS?; THE LATEST NEW ZEALAND SYSTEM; WHERE DO CHILDREN FIT IN?; RETURNING TO THE PUBLIC V PRIVATE DIVISION; CONCLUSION; 3. Shaping Substantive Law to Promote Access to Justice: Canada's Use of Child and Spousal Support Guidelines; ACCESS TO FAMILY JUSTICE: PROCEDURAL OR SUBSTANTIVE?; RULES VS DISCRETION IN FAMILY LAW; THE CANADIAN CHILD SUPPORT GUIDELINES; THE CANADIAN SPOUSAL SUPPORT GUIDELINES; CONCLUSION
4. Performing the Marriage Act Straight: The Legal Regulation of Marriage in the Australian Civil Wedding CeremonyINTRODUCTION; CIVIL MARRIAGE IN AUSTRALIA; THE AUSTRALIAN CIVIL CELEBRANCY PROGRAM; LEGAL REQUIREMENTS FOR CIVIL WEDDING CEREMONIES; MARRIAGE OF SAME-SEX COUPLES IN AUSTRALIA; STATEMENTS OF PROTEST IN CIVIL WEDDING CEREMONIES; NEW DIRECTIONS FOR RESEARCH; 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; INTRODUCTION
COMMON AND DISPARATE TRENDS IN LEGAL PROCESSESCHANGES IN PROFESSIONAL JURISDICTIONS AND ROLES; CONCLUSIONS; 6. Family Justice in Bulgaria: The Old System and New Demands; FACTORS AND TRAJECTORIES FOR CHANGE; STRUCTURE AND RECENT DEVELOPMENT OF THE BULGARIAN FAMILY JUSTICE SYSTEM; ACCESS TO FAMILY JUSTICE; ADMINISTRATIVE PRESSURE OVER THE FAMILY COURT; CONCLUSION; 7. Family Courts and Family Cases in Poland and other Post-Communist Countries; FAMILY COURTS IN POLAND; THE POWER OF THE COURTS VERSUS PRIVATE AGREEMENTS, AS ILLUSTRATED BY FAMILY LAW CASES
CHANGING FAMILIES AND CHANGING FAMILY LAW, AS ILLUSTRATED BY DIVORCEMEDIATION AND OTHER OUT-OF-COURT METHODS OF DISPUTE RESOLUTION; INSTEAD OF CONCLUSIONS; Part III: Current Context of Practice and Policy; I: Bypassing Courts; 8. Paths to Justice in Divorce Cases in England and Wales; INTRODUCTION; AWARENESS OF DISPUTE RESOLUTION OPTIONS; EXPERIENCES OF DISPUTE RESOLUTION PROCESSES; MATCHING CASES AND PARTIES WITH DISPUTE RESOLUTION PROCESSES; PARTICULAR ISSUES IN MEDIATION; CONCLUSION; 9. Family Lawyers and Multi-agency Approaches: Why Don't Lawyers Work with Other Service Providers?
Summary 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 famil
Bibliography Includes bibliographical references and index
Notes English
Online resource; title from PDF title page (EBSCO, viewed July 20, 2015)
Subject Domestic relations -- 21st century
Family law.
LAW -- Administrative Law & Regulatory Practice.
Domestic relations
Form Electronic book
Author Maclean, Mavis, editor
Eekelaar, John, editor
Bastard, Benoit, editor
ISBN 9781782259701
1782259708
9781782259718
1782259716
9781782259725
1782259724