Patrick Parkinson and Judy Cashmore
- Published in print:
- 2008
- Published Online:
- May 2009
- ISBN:
- 9780199237791
- eISBN:
- 9780191717222
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199237791.003.0002
- Subject:
- Law, Family Law
This chapter outlines the overall approach to the exploration of children's participation in family law disputes for this book, and the way in which this research was conducted. It also explores some ...
More
This chapter outlines the overall approach to the exploration of children's participation in family law disputes for this book, and the way in which this research was conducted. It also explores some of the practical and ethical issues about doing research in this area, particularly with children. There are three main elements to the approach: it is interdisciplinary; it is mixed method (using both quantitative and qualitative data); and it draws upon the multiple perspectives of children, parents, mediators, lawyers, and judges.Less
This chapter outlines the overall approach to the exploration of children's participation in family law disputes for this book, and the way in which this research was conducted. It also explores some of the practical and ethical issues about doing research in this area, particularly with children. There are three main elements to the approach: it is interdisciplinary; it is mixed method (using both quantitative and qualitative data); and it draws upon the multiple perspectives of children, parents, mediators, lawyers, and judges.
Patrick Parkinson and Judy Cashmore
- Published in print:
- 2008
- Published Online:
- May 2009
- ISBN:
- 9780199237791
- eISBN:
- 9780191717222
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199237791.003.0005
- Subject:
- Law, Family Law
This chapter compares the views of the professionals involved in family law disputes: the mediators, counsellors, lawyers, and judges. These professionals play an important role as advisers, ...
More
This chapter compares the views of the professionals involved in family law disputes: the mediators, counsellors, lawyers, and judges. These professionals play an important role as advisers, gatekeepers, and adjudicators. The advice of counsellors and lawyers may play an important role in how parents see the views of children and the participation of children. Counsellors in the courts who write family reports and lawyers who represent children in the most highly contested disputes also provide two of the more influential means of presenting children's views to the court, or not, depending on the role they play.Less
This chapter compares the views of the professionals involved in family law disputes: the mediators, counsellors, lawyers, and judges. These professionals play an important role as advisers, gatekeepers, and adjudicators. The advice of counsellors and lawyers may play an important role in how parents see the views of children and the participation of children. Counsellors in the courts who write family reports and lawyers who represent children in the most highly contested disputes also provide two of the more influential means of presenting children's views to the court, or not, depending on the role they play.
William Cornish
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199239757
- eISBN:
- 9780191705151
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199239757.003.0023
- Subject:
- Law, Legal History
This chapter on family law in the 19th century discusses the courts used for family disputes, private and public provision in law touching the family, the husband as patriarch, property during a ...
More
This chapter on family law in the 19th century discusses the courts used for family disputes, private and public provision in law touching the family, the husband as patriarch, property during a marriage and after the death of a spouse, and male attitudes to the opposite sex.Less
This chapter on family law in the 19th century discusses the courts used for family disputes, private and public provision in law touching the family, the husband as patriarch, property during a marriage and after the death of a spouse, and male attitudes to the opposite sex.
Jane C. Murphy and Jana B. Singer
- Published in print:
- 2015
- Published Online:
- March 2016
- ISBN:
- 9780814708934
- eISBN:
- 9780814708941
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814708934.003.0004
- Subject:
- Law, Family Law
This chapter explores a contradiction in the new paradigm of family dispute resolution. The new paradigm expands the vision and role of family courts at the same time that it reduces the primacy and ...
More
This chapter explores a contradiction in the new paradigm of family dispute resolution. The new paradigm expands the vision and role of family courts at the same time that it reduces the primacy and relevance of legal norms in resolving disputes about children. The result is a more powerful family court system that is less constrained by legal limits than its more traditional predecessor. While such an expanded and expansive court system may benefit children and families in need of services, it also poses substantial risks, both to the family members it serves and to the larger legal system. Many researchers have expressed a concern that reliance on informal processes and non-legal staff increases the danger that parties will leave the court system without the legal remedies they need and are entitled to under existing law.Less
This chapter explores a contradiction in the new paradigm of family dispute resolution. The new paradigm expands the vision and role of family courts at the same time that it reduces the primacy and relevance of legal norms in resolving disputes about children. The result is a more powerful family court system that is less constrained by legal limits than its more traditional predecessor. While such an expanded and expansive court system may benefit children and families in need of services, it also poses substantial risks, both to the family members it serves and to the larger legal system. Many researchers have expressed a concern that reliance on informal processes and non-legal staff increases the danger that parties will leave the court system without the legal remedies they need and are entitled to under existing law.
Jane C. Murphy and Jana B. Singer
- Published in print:
- 2015
- Published Online:
- March 2016
- ISBN:
- 9780814708934
- eISBN:
- 9780814708941
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814708934.003.0001
- Subject:
- Law, Family Law
This introductory chapter presents the organization and the rationale of the book. This book examines the late twentieth-century paradigm shift in family dispute resolution and compares it with more ...
More
This introductory chapter presents the organization and the rationale of the book. This book examines the late twentieth-century paradigm shift in family dispute resolution and compares it with more recent changes in the structure and composition of today's families. Focusing on disputes among family members, it asks whether the current dispute resolution regime responds adequately to the needs of the families it aims to serve. The book then argues that while the new paradigm may represent an improvement over its more adversary predecessor, it is built largely around the model of a divorcing nuclear family—a model that fits poorly with the more complicated realities of today's disputing families. Moreover, the new paradigm largely fails to acknowledge that some parents and children need the protections afforded by traditional legal processes and authoritative third-party decision-making.Less
This introductory chapter presents the organization and the rationale of the book. This book examines the late twentieth-century paradigm shift in family dispute resolution and compares it with more recent changes in the structure and composition of today's families. Focusing on disputes among family members, it asks whether the current dispute resolution regime responds adequately to the needs of the families it aims to serve. The book then argues that while the new paradigm may represent an improvement over its more adversary predecessor, it is built largely around the model of a divorcing nuclear family—a model that fits poorly with the more complicated realities of today's disputing families. Moreover, the new paradigm largely fails to acknowledge that some parents and children need the protections afforded by traditional legal processes and authoritative third-party decision-making.
Jane C. Murphy and Jana B. Singer
- Published in print:
- 2015
- Published Online:
- March 2016
- ISBN:
- 9780814708934
- eISBN:
- 9780814708941
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814708934.003.0006
- Subject:
- Law, Family Law
This chapter examines the changing roles of lawyers and judges in the new family court system and the implications of these new and expanded roles for families and family dispute resolution. While ...
More
This chapter examines the changing roles of lawyers and judges in the new family court system and the implications of these new and expanded roles for families and family dispute resolution. While lawyers continue to represent clients in the new paradigm, they are called on to do so in different or expanded ways. The current regime invites lawyers to assume new roles as facilitators and dispute resolution neutrals. Similarly, while judges continue to adjudicate the small percentage of family cases that go to trial, they have also taken on expanded roles as team leaders, managers, and therapeutic agents. These changes reduce the distinctions between judging and lawyering, and blur the roles of judges and attorneys; they also challenge existing ethical norms for both lawyers and judges.Less
This chapter examines the changing roles of lawyers and judges in the new family court system and the implications of these new and expanded roles for families and family dispute resolution. While lawyers continue to represent clients in the new paradigm, they are called on to do so in different or expanded ways. The current regime invites lawyers to assume new roles as facilitators and dispute resolution neutrals. Similarly, while judges continue to adjudicate the small percentage of family cases that go to trial, they have also taken on expanded roles as team leaders, managers, and therapeutic agents. These changes reduce the distinctions between judging and lawyering, and blur the roles of judges and attorneys; they also challenge existing ethical norms for both lawyers and judges.
Jane C. Murphy and Jana B. Singer
- Published in print:
- 2015
- Published Online:
- March 2016
- ISBN:
- 9780814708934
- eISBN:
- 9780814708941
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814708934.003.0008
- Subject:
- Law, Family Law
This concluding chapter offers a series of recommendations designed to address the disconnection between the new paradigm and today's families, and to adjust the balance between court-based and ...
More
This concluding chapter offers a series of recommendations designed to address the disconnection between the new paradigm and today's families, and to adjust the balance between court-based and community-based approaches to family dispute resolution. Twenty-first-century reformers should consider moving some of the non-adversary processes and services that characterize the new paradigm out of the court system and into the community. They should also look for ways to enhance children's participation in the non-adversarial resolution of family disputes. Moreover, today's reformers should look beyond divorcing couples and adopt processes and services that better serve the needs of never-married parents and other family structures. Finally, rather than bypassing lawyers, reformers should pursue alternative models of legal representation that can both enhance access to legal services and promote durable resolutions for families.Less
This concluding chapter offers a series of recommendations designed to address the disconnection between the new paradigm and today's families, and to adjust the balance between court-based and community-based approaches to family dispute resolution. Twenty-first-century reformers should consider moving some of the non-adversary processes and services that characterize the new paradigm out of the court system and into the community. They should also look for ways to enhance children's participation in the non-adversarial resolution of family disputes. Moreover, today's reformers should look beyond divorcing couples and adopt processes and services that better serve the needs of never-married parents and other family structures. Finally, rather than bypassing lawyers, reformers should pursue alternative models of legal representation that can both enhance access to legal services and promote durable resolutions for families.
Dmitry Davydeko
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199653485
- eISBN:
- 9780191758270
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199653485.003.0023
- Subject:
- Law, Comparative Law, Private International Law
Litigation, which is a fairly brief and inexpensive procedure, is currently a common dispute resolution technique in Russia, especially for business. Yet, in certain Russian regions mediation has ...
More
Litigation, which is a fairly brief and inexpensive procedure, is currently a common dispute resolution technique in Russia, especially for business. Yet, in certain Russian regions mediation has been practiced even since the mid-1990s. The importance of mediation to harmonise social relations and reduce the courts' caseload has been recognised by the Russian state. A federal law on mediation of civil, commercial, family and some other disputes has been in force since 2011. This establishes a general regulative framework but many legal uncertainties still remain and need to be further clarified. Experience of Russian mediation providers in Saint-Petersburg, Moscow, Ural, Rostov and Sibir shows that demand for mediation mostly depends on promotional and educative activity of the mediation providers rather. However, mediation needs further legislative support and incentives and other measures to be more recognised and adopted by businesses and individuals.Less
Litigation, which is a fairly brief and inexpensive procedure, is currently a common dispute resolution technique in Russia, especially for business. Yet, in certain Russian regions mediation has been practiced even since the mid-1990s. The importance of mediation to harmonise social relations and reduce the courts' caseload has been recognised by the Russian state. A federal law on mediation of civil, commercial, family and some other disputes has been in force since 2011. This establishes a general regulative framework but many legal uncertainties still remain and need to be further clarified. Experience of Russian mediation providers in Saint-Petersburg, Moscow, Ural, Rostov and Sibir shows that demand for mediation mostly depends on promotional and educative activity of the mediation providers rather. However, mediation needs further legislative support and incentives and other measures to be more recognised and adopted by businesses and individuals.
Jane C. Murphy and Jana B. Singer
- Published in print:
- 2015
- Published Online:
- March 2016
- ISBN:
- 9780814708934
- eISBN:
- 9780814708941
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814708934.003.0008
- Subject:
- Law, Family Law
This concluding chapter offers a series of recommendations designed to address the disconnection between the new paradigm and today's families, and to adjust the balance between court-based and ...
More
This concluding chapter offers a series of recommendations designed to address the disconnection between the new paradigm and today's families, and to adjust the balance between court-based and community-based approaches to family dispute resolution. Twenty-first-century reformers should consider moving some of the non-adversary processes and services that characterize the new paradigm out of the court system and into the community. They should also look for ways to enhance children's participation in the non-adversarial resolution of family disputes. Moreover, today's reformers should look beyond divorcing couples and adopt processes and services that better serve the needs of never-married parents and other family structures. Finally, rather than bypassing lawyers, reformers should pursue alternative models of legal representation that can both enhance access to legal services and promote durable resolutions for families.
Less
This concluding chapter offers a series of recommendations designed to address the disconnection between the new paradigm and today's families, and to adjust the balance between court-based and community-based approaches to family dispute resolution. Twenty-first-century reformers should consider moving some of the non-adversary processes and services that characterize the new paradigm out of the court system and into the community. They should also look for ways to enhance children's participation in the non-adversarial resolution of family disputes. Moreover, today's reformers should look beyond divorcing couples and adopt processes and services that better serve the needs of never-married parents and other family structures. Finally, rather than bypassing lawyers, reformers should pursue alternative models of legal representation that can both enhance access to legal services and promote durable resolutions for families.
Jane C. Murphy and Jana B. Singer
- Published in print:
- 2015
- Published Online:
- March 2016
- ISBN:
- 9780814708934
- eISBN:
- 9780814708941
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814708934.003.0005
- Subject:
- Law, Family Law
This chapter focuses on recent changes in the structure and characteristics of the families who interact with the new paradigm of family dispute resolution. These changes include the decline of ...
More
This chapter focuses on recent changes in the structure and characteristics of the families who interact with the new paradigm of family dispute resolution. These changes include the decline of marriage and the resulting increase in non-marital families with parenting disputes, the prevalence of stepfamilies, the increase in grandparent and other non-parental caretakers of children, the rise of gay and lesbian families, and the sharp increase in pro se parties in family court. The chapter also explores the mismatch between the complex realities of today's families and the more simplistic assumptions that underlie the new paradigm. Although the new paradigm aims to offer a new vision for the resolution of family conflict, it leaves largely unexamined the models of family and intimate relationships on which the traditional, adversary model was based. As a result, the new paradigm assumes a family structure that is both more static and more homogeneous than today's reality.Less
This chapter focuses on recent changes in the structure and characteristics of the families who interact with the new paradigm of family dispute resolution. These changes include the decline of marriage and the resulting increase in non-marital families with parenting disputes, the prevalence of stepfamilies, the increase in grandparent and other non-parental caretakers of children, the rise of gay and lesbian families, and the sharp increase in pro se parties in family court. The chapter also explores the mismatch between the complex realities of today's families and the more simplistic assumptions that underlie the new paradigm. Although the new paradigm aims to offer a new vision for the resolution of family conflict, it leaves largely unexamined the models of family and intimate relationships on which the traditional, adversary model was based. As a result, the new paradigm assumes a family structure that is both more static and more homogeneous than today's reality.
Jane C. Murphy and Jana B. Singer
- Published in print:
- 2015
- Published Online:
- March 2016
- ISBN:
- 9780814708934
- eISBN:
- 9780814708941
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814708934.003.0004
- Subject:
- Law, Family Law
This chapter explores a contradiction in the new paradigm of family dispute resolution. The new paradigm expands the vision and role of family courts at the same time that it reduces the primacy and ...
More
This chapter explores a contradiction in the new paradigm of family dispute resolution. The new paradigm expands the vision and role of family courts at the same time that it reduces the primacy and relevance of legal norms in resolving disputes about children. The result is a more powerful family court system that is less constrained by legal limits than its more traditional predecessor. While such an expanded and expansive court system may benefit children and families in need of services, it also poses substantial risks, both to the family members it serves and to the larger legal system. Many researchers have expressed a concern that reliance on informal processes and non-legal staff increases the danger that parties will leave the court system without the legal remedies they need and are entitled to under existing law.
Less
This chapter explores a contradiction in the new paradigm of family dispute resolution. The new paradigm expands the vision and role of family courts at the same time that it reduces the primacy and relevance of legal norms in resolving disputes about children. The result is a more powerful family court system that is less constrained by legal limits than its more traditional predecessor. While such an expanded and expansive court system may benefit children and families in need of services, it also poses substantial risks, both to the family members it serves and to the larger legal system. Many researchers have expressed a concern that reliance on informal processes and non-legal staff increases the danger that parties will leave the court system without the legal remedies they need and are entitled to under existing law.
Jane C. Murphy and Jana B. Singer
- Published in print:
- 2015
- Published Online:
- March 2016
- ISBN:
- 9780814708934
- eISBN:
- 9780814708941
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814708934.003.0005
- Subject:
- Law, Family Law
This chapter focuses on recent changes in the structure and characteristics of the families who interact with the new paradigm of family dispute resolution. These changes include the decline of ...
More
This chapter focuses on recent changes in the structure and characteristics of the families who interact with the new paradigm of family dispute resolution. These changes include the decline of marriage and the resulting increase in non-marital families with parenting disputes, the prevalence of stepfamilies, the increase in grandparent and other non-parental caretakers of children, the rise of gay and lesbian families, and the sharp increase in pro se parties in family court. The chapter also explores the mismatch between the complex realities of today's families and the more simplistic assumptions that underlie the new paradigm. Although the new paradigm aims to offer a new vision for the resolution of family conflict, it leaves largely unexamined the models of family and intimate relationships on which the traditional, adversary model was based. As a result, the new paradigm assumes a family structure that is both more static and more homogeneous than today's reality.
Less
This chapter focuses on recent changes in the structure and characteristics of the families who interact with the new paradigm of family dispute resolution. These changes include the decline of marriage and the resulting increase in non-marital families with parenting disputes, the prevalence of stepfamilies, the increase in grandparent and other non-parental caretakers of children, the rise of gay and lesbian families, and the sharp increase in pro se parties in family court. The chapter also explores the mismatch between the complex realities of today's families and the more simplistic assumptions that underlie the new paradigm. Although the new paradigm aims to offer a new vision for the resolution of family conflict, it leaves largely unexamined the models of family and intimate relationships on which the traditional, adversary model was based. As a result, the new paradigm assumes a family structure that is both more static and more homogeneous than today's reality.
Jane C. Murphy and Jana B. Singer
- Published in print:
- 2015
- Published Online:
- March 2016
- ISBN:
- 9780814708934
- eISBN:
- 9780814708941
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814708934.003.0006
- Subject:
- Law, Family Law
This chapter examines the changing roles of lawyers and judges in the new family court system and the implications of these new and expanded roles for families and family dispute resolution. While ...
More
This chapter examines the changing roles of lawyers and judges in the new family court system and the implications of these new and expanded roles for families and family dispute resolution. While lawyers continue to represent clients in the new paradigm, they are called on to do so in different or expanded ways. The current regime invites lawyers to assume new roles as facilitators and dispute resolution neutrals. Similarly, while judges continue to adjudicate the small percentage of family cases that go to trial, they have also taken on expanded roles as team leaders, managers, and therapeutic agents. These changes reduce the distinctions between judging and lawyering, and blur the roles of judges and attorneys; they also challenge existing ethical norms for both lawyers and judges.
Less
This chapter examines the changing roles of lawyers and judges in the new family court system and the implications of these new and expanded roles for families and family dispute resolution. While lawyers continue to represent clients in the new paradigm, they are called on to do so in different or expanded ways. The current regime invites lawyers to assume new roles as facilitators and dispute resolution neutrals. Similarly, while judges continue to adjudicate the small percentage of family cases that go to trial, they have also taken on expanded roles as team leaders, managers, and therapeutic agents. These changes reduce the distinctions between judging and lawyering, and blur the roles of judges and attorneys; they also challenge existing ethical norms for both lawyers and judges.
- Published in print:
- 2000
- Published Online:
- March 2012
- ISBN:
- 9780520217201
- eISBN:
- 9780520922389
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520217201.003.0004
- Subject:
- History, Asian History
This chapter evaluates the implementation of the Marriage Law in China's southwest frontier during the period from 1950 to 1953. It shows that both Han men and women in Yunnan from various ethnic ...
More
This chapter evaluates the implementation of the Marriage Law in China's southwest frontier during the period from 1950 to 1953. It shows that both Han men and women in Yunnan from various ethnic minorities very frequently petitioned state institutions to resolve their family disputes. It highlights the need to further study Yunnan's political, economic, and cultural features in light of the factors identified as conducive to pursuing new rights in government institutions.Less
This chapter evaluates the implementation of the Marriage Law in China's southwest frontier during the period from 1950 to 1953. It shows that both Han men and women in Yunnan from various ethnic minorities very frequently petitioned state institutions to resolve their family disputes. It highlights the need to further study Yunnan's political, economic, and cultural features in light of the factors identified as conducive to pursuing new rights in government institutions.
Jane C. Murphy and Jana B. Singer
- Published in print:
- 2015
- Published Online:
- March 2016
- ISBN:
- 9780814708934
- eISBN:
- 9780814708941
- Item type:
- book
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814708934.001.0001
- Subject:
- Law, Family Law
Over the past thirty years, there has been a dramatic shift in the way the legal system approaches and resolves family disputes. Traditionally, family law dispute resolution was based on an ...
More
Over the past thirty years, there has been a dramatic shift in the way the legal system approaches and resolves family disputes. Traditionally, family law dispute resolution was based on an “adversary” system: two parties and their advocates stood before a judge who determined which party was at fault in a divorce and who would be awarded the rights in a custody dispute. Now, many family courts are opting for a “problem-solving” model in which courts attempt to resolve both legal and non-legal issues. At the same time, American families have changed dramatically. Divorce rates have leveled off and begun to drop, while the number of children born and raised outside of marriage has increased sharply. Fathers are more likely to seek an active role in their children's lives. While this enhanced paternal involvement benefits children, it also increases the likelihood of disputes between parents. As a result, the families who seek legal dispute resolution have become more diverse and their legal situations more complex. This book argues that the current “problem solving” model fails to address the realities of today's families. The book suggests that while today's dispute resolution regime may represent an improvement over its more adversary predecessor, it is built largely around the model of a divorcing nuclear family with lawyers representing all parties—a model that fits poorly with the realities of today's disputing families. To serve the families it is meant to help, the legal system must adapt and reshape itself.Less
Over the past thirty years, there has been a dramatic shift in the way the legal system approaches and resolves family disputes. Traditionally, family law dispute resolution was based on an “adversary” system: two parties and their advocates stood before a judge who determined which party was at fault in a divorce and who would be awarded the rights in a custody dispute. Now, many family courts are opting for a “problem-solving” model in which courts attempt to resolve both legal and non-legal issues. At the same time, American families have changed dramatically. Divorce rates have leveled off and begun to drop, while the number of children born and raised outside of marriage has increased sharply. Fathers are more likely to seek an active role in their children's lives. While this enhanced paternal involvement benefits children, it also increases the likelihood of disputes between parents. As a result, the families who seek legal dispute resolution have become more diverse and their legal situations more complex. This book argues that the current “problem solving” model fails to address the realities of today's families. The book suggests that while today's dispute resolution regime may represent an improvement over its more adversary predecessor, it is built largely around the model of a divorcing nuclear family with lawyers representing all parties—a model that fits poorly with the realities of today's disputing families. To serve the families it is meant to help, the legal system must adapt and reshape itself.
Jane C. Murphy and Jana B. Singer
- Published in print:
- 2015
- Published Online:
- March 2016
- ISBN:
- 9780814708934
- eISBN:
- 9780814708941
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814708934.003.0001
- Subject:
- Law, Family Law
This introductory chapter presents the organization and the rationale of the book. This book examines the late twentieth-century paradigm shift in family dispute resolution and compares it with more ...
More
This introductory chapter presents the organization and the rationale of the book. This book examines the late twentieth-century paradigm shift in family dispute resolution and compares it with more recent changes in the structure and composition of today's families. Focusing on disputes among family members, it asks whether the current dispute resolution regime responds adequately to the needs of the families it aims to serve. The book then argues that while the new paradigm may represent an improvement over its more adversary predecessor, it is built largely around the model of a divorcing nuclear family—a model that fits poorly with the more complicated realities of today's disputing families. Moreover, the new paradigm largely fails to acknowledge that some parents and children need the protections afforded by traditional legal processes and authoritative third-party decision-making.
Less
This introductory chapter presents the organization and the rationale of the book. This book examines the late twentieth-century paradigm shift in family dispute resolution and compares it with more recent changes in the structure and composition of today's families. Focusing on disputes among family members, it asks whether the current dispute resolution regime responds adequately to the needs of the families it aims to serve. The book then argues that while the new paradigm may represent an improvement over its more adversary predecessor, it is built largely around the model of a divorcing nuclear family—a model that fits poorly with the more complicated realities of today's disputing families. Moreover, the new paradigm largely fails to acknowledge that some parents and children need the protections afforded by traditional legal processes and authoritative third-party decision-making.
Jane C. Murphy and Jana B. Singer
- Published in print:
- 2015
- Published Online:
- March 2016
- ISBN:
- 9780814708934
- eISBN:
- 9780814708941
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814708934.003.0007
- Subject:
- Law, Family Law
This chapter analyzes how international and comparative law developments have influenced the development of the new paradigm of family dispute resolution in the United States. It focuses, in ...
More
This chapter analyzes how international and comparative law developments have influenced the development of the new paradigm of family dispute resolution in the United States. It focuses, in particular, on reform efforts in Australia that have shifted family dispute resolution away from the court system and into the community, and on the implementation of the mandate of the United Nations Convention on the Rights of the Child (CRC) that children have the opportunity to participate in legal proceedings that affect them. In addition to articulating independent rights for children and imposing obligations on both state institutions and families to protect children's interests, Article 12(2) of the CRC requires that a child “be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.”Less
This chapter analyzes how international and comparative law developments have influenced the development of the new paradigm of family dispute resolution in the United States. It focuses, in particular, on reform efforts in Australia that have shifted family dispute resolution away from the court system and into the community, and on the implementation of the mandate of the United Nations Convention on the Rights of the Child (CRC) that children have the opportunity to participate in legal proceedings that affect them. In addition to articulating independent rights for children and imposing obligations on both state institutions and families to protect children's interests, Article 12(2) of the CRC requires that a child “be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.”
Jane C. Murphy and Jana B. Singer
- Published in print:
- 2015
- Published Online:
- March 2016
- ISBN:
- 9780814708934
- eISBN:
- 9780814708941
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814708934.003.0007
- Subject:
- Law, Family Law
This chapter analyzes how international and comparative law developments have influenced the development of the new paradigm of family dispute resolution in the United States. It focuses, in ...
More
This chapter analyzes how international and comparative law developments have influenced the development of the new paradigm of family dispute resolution in the United States. It focuses, in particular, on reform efforts in Australia that have shifted family dispute resolution away from the court system and into the community, and on the implementation of the mandate of the United Nations Convention on the Rights of the Child (CRC) that children have the opportunity to participate in legal proceedings that affect them. In addition to articulating independent rights for children and imposing obligations on both state institutions and families to protect children's interests, Article 12(2) of the CRC requires that a child “be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.”
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This chapter analyzes how international and comparative law developments have influenced the development of the new paradigm of family dispute resolution in the United States. It focuses, in particular, on reform efforts in Australia that have shifted family dispute resolution away from the court system and into the community, and on the implementation of the mandate of the United Nations Convention on the Rights of the Child (CRC) that children have the opportunity to participate in legal proceedings that affect them. In addition to articulating independent rights for children and imposing obligations on both state institutions and families to protect children's interests, Article 12(2) of the CRC requires that a child “be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.”
- Published in print:
- 2000
- Published Online:
- March 2012
- ISBN:
- 9780520217201
- eISBN:
- 9780520922389
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520217201.003.0005
- Subject:
- History, Asian History
This chapter examines the political and cultural aspects of marriage and divorce in urban China during the period from 1954 to 1966. It analyzes intraparty reports, memoirs, and investigations which ...
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This chapter examines the political and cultural aspects of marriage and divorce in urban China during the period from 1954 to 1966. It analyzes intraparty reports, memoirs, and investigations which reveal that many urbanites ignored or avoided the state's attempt to regiment and organize private life by aggressively seeking divorce and marriage without reference to the state's understanding of political good and evil. It investigates the extent to which motivations for marriage and divorce were shaped by political considerations and describes how marriage and family disputes were handled by state institutions.Less
This chapter examines the political and cultural aspects of marriage and divorce in urban China during the period from 1954 to 1966. It analyzes intraparty reports, memoirs, and investigations which reveal that many urbanites ignored or avoided the state's attempt to regiment and organize private life by aggressively seeking divorce and marriage without reference to the state's understanding of political good and evil. It investigates the extent to which motivations for marriage and divorce were shaped by political considerations and describes how marriage and family disputes were handled by state institutions.
Jane C. Murphy and Jana B. Singer
- Published in print:
- 2015
- Published Online:
- March 2016
- ISBN:
- 9780814708934
- eISBN:
- 9780814708941
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814708934.003.0002
- Subject:
- Law, Family Law
This chapter traces the doctrinal and procedural antecedents of the late twentieth-century paradigm shift in family dispute resolution. Doctrinal developments in both the nineteenth and twentieth ...
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This chapter traces the doctrinal and procedural antecedents of the late twentieth-century paradigm shift in family dispute resolution. Doctrinal developments in both the nineteenth and twentieth centuries expanded and transformed the judicial role in divorce and custody disputes, ultimately making courts the primary guardians of children's welfare in the face of family breakdown. In addition, the therapeutic underpinnings of progressive-era juvenile justice reform shifted in the mid-twentieth century from the delinquency to the divorce and custody context. Finally, the shift from a fault-based, sole custody regime to a no-fault co-parenting model in the 1980s and early 1990s simultaneously undermined the efficacy of traditional adversary processes and invited ongoing court involvement in families affected by divorce and parental separation—both important elements of the new paradigm.Less
This chapter traces the doctrinal and procedural antecedents of the late twentieth-century paradigm shift in family dispute resolution. Doctrinal developments in both the nineteenth and twentieth centuries expanded and transformed the judicial role in divorce and custody disputes, ultimately making courts the primary guardians of children's welfare in the face of family breakdown. In addition, the therapeutic underpinnings of progressive-era juvenile justice reform shifted in the mid-twentieth century from the delinquency to the divorce and custody context. Finally, the shift from a fault-based, sole custody regime to a no-fault co-parenting model in the 1980s and early 1990s simultaneously undermined the efficacy of traditional adversary processes and invited ongoing court involvement in families affected by divorce and parental separation—both important elements of the new paradigm.
