Closing the gate: family lawyers as gatekeepers to a holistic service

2010 ◽  
Vol 6 (2) ◽  
pp. 167-189 ◽  
Author(s):  
Angela Melville ◽  
Karen Laing
Keyword(s):  
Family Law ◽  
Case Manager ◽  
Legal Issues ◽  
Information Network ◽  
Legal Services ◽  
Legal Problems ◽  
The Family ◽  
Individual Needs

AbstractIn 2001, the Legal Services Commission (LSC) introduced a new pilot, the Family Advice and Information Network (FAInS), which recognised that family law clients typically face a cluster of legal and non-legal issues. Family lawyers involved in FAInS were encouraged to address a client’s legal problems, and then refer the client to other services for assistance with non-legal issues. In this way, family law clients were to be offered a holistic service, with the lawyer acting as a ‘case manager’ who helped match services to their client’s individual needs. This article presents data drawn from an evaluation of FAInS, and shows that lawyers did not regularly refer their clients to other services, with referrals largely being limited to mediation. We conclude that family lawyers are not necessarily the most appropriate gatekeepers, and propose a number of alternatives for providing a multi-agency approach to resolving family law issues.

Legal problems of the paternity institution: Child's rights ensuring issues

2020 ◽  
pp. 267-286
Author(s):  
Mikhail A. Gussev ◽  
Yessil S. Rakhmetov ◽  
Aliya K. Berdibayeva ◽  
Ainash Yessekeyeva
Keyword(s):  
Human Rights ◽  
Gender Identity ◽  
Family Law ◽  
Public Law ◽  
Practical Significance ◽  
Social Constructs ◽  
Social Forms ◽  
Rights Of The Child ◽  
Legal Problems ◽  
The Family

The aim of the article is to analyze the paternity as a component of the institution of the family, its modern transformations and the resulting challenges, including modern features of parenthood. The authors show that the modern understanding of paternity is determined by gender identity and social constructs that equalize the rights of all persons who act as guardians of the child. The authors determine that the problem of paternity involves not only civil issues, but also family and in-ternational law. The authors of the article clearly show that paternity can act not only as a voluntary, conscious act, but also as a mandatory legal norm. In particu-lar, the authors note that it is possible to use the method of establishing paternity or delegating part of the authority to raise a child in the context of considering public law and its prevalence over family law. The practical significance of the study is determined by the fact that the importance of establishing the principles, as well as the legal conditions for implementing the functions of paternity, will form not only legal but also social forms and even economic parameters for citi-zens and address issues of ensuring human rights, including the rights of the child.

scholarly journals Specialist Clinical Legal Education: An Australian Model

2014 ◽  
Vol 3 ◽  
pp. 67 ◽  
Author(s):  
Susan Campbell ◽  
Alan Ray
Keyword(s):  
Subject Matter ◽  
Family Law ◽  
Legal Education ◽  
Legal Issues ◽  
Legal Subject ◽  
Grass Roots ◽  
Legal Problems ◽  
The University ◽  
Insight Into ◽  
Australian Universities

<p>Clinical legal education in Australia traditionally has been based in generalist clinics, where the client and caseload intake is limited primarily by the financial means of clients rather than by the legal subject matter of their problems. The breadth and variety of legal problems which confront clinic students provide insight into and understanding of the operation of the legal system at the grass roots and the legal issues raised rarely seem to reflect directly the law the students have learnt in the classroom.</p><p>In recent years, for both educational and political reasons, Australian Universities have begun to develop specialised clinics, serving clients with problems in a particular area of law.</p><p>This article describes the operation of Monash’s specialised Family Law clinic and considers the factors which, in the Monash experience, have combined to ensure its stability and recognition, within the University and in the broader political context.</p>

scholarly journals TRANSFORMASI POLIGAMI DALAM BINGKAI SYARI’AH ISLAM DI ACEH

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Muhammad Zukhdi ◽  
Faisal Faisal
Keyword(s):  
Family Law ◽  
Legal Issues ◽  
The People ◽  
Family Economy ◽  
The Family

<p><em>People’s views on polygamy are diverse, there are those who agree, but there are also those who disagree or oppose even more for women who feel disadvantaged, because they have to share with others. This is influenced by the family economy which does not allow polygamy. Such allegations eventually feel unsatisfied with suspection and even challenge qath’i syar’i texts with interpretations that are far from the elements of truth. So that legal issues are interpreted with multiple interpretations and cause vague and vague issues. And the Aceh which was given the authority in making qanun implementation of islamic shari’ah and participated in discussing anddesigning the Qanun (Raqan) family law which regulates polygamy but the draft qanun raises pro and contra at the people of Aceh.</em></p>

scholarly journals Multi-disciplinary practice in a community law environment: new models for clinical legal education

2014 ◽  
Vol 19 ◽  
pp. 413 ◽  
Author(s):  
Richard Foster
Keyword(s):  
Family Law ◽  
Legal Education ◽  
Law Students ◽  
Academic Disciplines ◽  
Family Court ◽  
Legal Services ◽  
Legal Service ◽  
Financial Difficulty ◽  
Assistance Program ◽  
The Family

<p>The Monash-Oakleigh Legal Service (MOLS) is a community legal service auspiced by Monash University, Melbourne Australia, and partly funded by Victoria Legal Aid. MOLS was principally established to provide practical legal education to Monash law students over 30 years ago, but has since evolved to focus also on serving community legal needs. Incorporated within MOLS is the Family Law Assistance Program (FLAP) which, as the name suggests, deals exclusively with family law matters. FLAP students attend the Family Court each week with lawyers who provide assistance to clients in a duty lawyer capacity, as well as operating four clinical sessions each week within MOLS.</p><p>Like many community legal services, most MOLS clients experience a form of disadvantage and resultant financial difficulty. Consequently, MOLS deals with a range of legal matters including: criminal law, family law, tenancy and neighbourhood disputes, and a number of credit, debt, and<br />bankruptcy issues.</p><p>In July 2010, the Multi-Disciplinary Clinic (MDC) was established at MOLS to provide a holistic service to clients by involving students from three academic disciplines to deal with client issues. Later, in December 2010 (the commencement of the university’s summer semester), students from one other discipline were included in FLAP and a third discipline was also adopted in the following semester.</p>

scholarly journals THE IMPORTANCE OF INTER-AGENCY COLLABORATION AND FAMILY LAW NETWORKING IN HANDLING FAMILY CASES: EXAMPLE FROM AUSTRALIA

2019 ◽  
pp. 42-50
Author(s):  
‘Ain Husna Mohd Arshad
Keyword(s):  
Social Issues ◽  
Family Law ◽  
Practical Aspect ◽  
Legal Issues ◽  
Vulnerable Groups ◽  
Financial Health ◽  
Law System ◽  
Black And White ◽  
Parental Obligations ◽  
The Family

Family law is one of the areas that requires the collaboration of experts and practitioners from various discipline. The objective of this paper is to discuss the importance of inter-agency collaboration between various agencies in order to resolve family cases holistically. This is rooted in the understanding that family cases normally involve legal and non-legal issues that require resolutions which are beyond black and white of the law. Some cases involve financial, health or other social issues that call for advice from experts in that area. Based on the study conducted, it is found that inter-agency collaboration is needed due to limitations in the substantive family law, it is also to help vulnerable groups, and to provide holistic resolution of family disputes. Understanding the importance of such collaboration, this paper subsequently looks for example based on the practice of Australia that has established a network to coordinate the family law system. The network has been able to disseminate information and conduct pieces of training, expedite the process of referral effectively, and establish linkages between specialists in family law. Such networking and collaboration can help the litigants dealing with their legal, emotional and practical aspect of the issues that they are facing. It also helps the agencies gain a mutual understanding of each other’s role and functions. In addition to that, it may help the disputing parties making an informed decision and prepare for future adjustment to carry on with their parental obligations.

How Do Japanese Elderly People Access Legal Services? An Analysis of Advice-Seeking Behaviour

2018 ◽  
Vol 6 (2) ◽  
pp. 281-305
Author(s):  
Aya YAMAGUCHI
Keyword(s):  
Mixed Methods ◽  
Elderly People ◽  
Legal Issues ◽  
Legal Services ◽  
Mixed Methods Approach ◽  
Legal Professionals ◽  
Advice Seeking ◽  
Legal Problems ◽  
Japanese Elderly

AbstractIn Japan, an increasing number of elderly people are facing legal issues. However, whether they have enough access to legal services remains unclear. Therefore, this study used a mixed-methods approach—web and interview surveys—to identify elderly people’s experience with legal problems, factors that affect their decisions to consult lawyers about their problems, and factors that relate to their knowledge about the availability of legal consultation. Results showed that legal problems were related to issues with family or relatives. Second, elderly people did not consult lawyers if they could solve problems on their own, felt helpless, or lacked a connection with legal professionals. Third, respondents who had knowledge about the availability of legal consultation were male or working elderly. The overall results suggest that elderly people are not homogeneous, and more support is needed for those who feel helpless or lack knowledge about legal consultation.

scholarly journals Activities of Islamic Sharī’ah Council and Muslim Arbitration Tribunal to Apply Islamic Law in England and Wales

2020 ◽  
Vol 2 (2) ◽  
pp. 1-16
Author(s):  
Md. Nurul Huda
Keyword(s):  
Crucial Role ◽  
Child Custody ◽  
Islamic Law ◽  
Family Law ◽  
Religious Groups ◽  
England And Wales ◽  
Legal Problems ◽  
The Family ◽  
Long Time ◽  
The Uk

The UK is a Christian majority country with several minority religious groups like Muslims, Hindus, Jews and Sikhs who have been living there for a long time. All faith groups have their own laws. Likewise, Muslims also have their specific laws called “Sharī’ah law” or “Muslim Family Law”. This paper attempts to represent a prospect of how Islamic law deals with the issues faced by the Muslims in England and Wales. There are many “The Islamic Shari’ah Council (ISC)” and “Muslim Arbitrational Tribunal (MAT) to solve the family concerns in England and Wales, for instance, marriage, child custody, divorce and other issues related to their matrimonial life. These councils play a prime role in implementing Islamic law among Muslims in Britain. Since ISC and MAT play a crucial role in applying Islamic law, it will be the focusing component of the paper. This study examines how ISC and MAT resolve the legal problems of the Muslim families and to which extent sometimes it is allegedly not compatible with England and Wales's domestic legal settings. Moreover, the main aim and object of the paper is to find out the internal functions and the processes of the Islamic Sharī’ah Council and Muslim Arbitration Tribunal in England and Wales

scholarly journals Legalitas Nikah Sirrî Ditinjau Dari Kaidah Fikih

2017 ◽  
Vol 9 (1) ◽  
Author(s):  
Fauzan Muhammadi
Keyword(s):  
Qualitative Analysis ◽  
Legal Status ◽  
Islamic Law ◽  
The State ◽  
Legal Issues ◽  
State Law ◽  
Legal Problems ◽  
The Family ◽  
The Future ◽  
The Government

<p>Unrecorded marriage becomes legal issues in Indonesia after the government has obliged that marriage must be registered with the Registrar of Marriage Officers or the Office of Religious Affairs. The propnents of this marriage maintain that such marriage is considered valid and legal under Islamic law, although it is not admitted by the state law. The objective of this research is to discuss the legal problems of unrecorded marriage in Islamic law in the Indonesian context and to understand the changes of legal status of unrecorded marriage from the perspective of Islamic legal maxim. The methodology used in this research is descriptive-qualitative analysis. This study shows that according to the perspective of Islamic legal maxim, unrecorded marriage is not restricted but it may fall under the category of forbidden. It is because there are many deviations in a marriage when it is not registered. Thus, this could harm the family lived in the future.</p><p><br />Pasca pemerintah mengeluarkan kebijakan untuk mewajibkan pencatatan nikah di hadapan Kantor Urusan Agama (KUA)/Petugas Pencatat Nikah (PPN), nikah Sirrî menjadi isu hukum yang hangat di Indonesia. Permasalahan ini muncul sebagai bagian dari pemahaman masyarakat bahwa pernikahan mereka dianggap valid dan sah secara agama (hukum Islam) namun ‘illegal’ secara hukum positif. Studi ini berusaha untuk mendiskusikan legalitas nikah sirrî dalam hukum islam di Indonesia sekaligus untuk memahami probabilitas perubahan hukum nikah sirrî melalui Kaidah Fikih. Penelitian ini menggunakan analisa deskriptif-kualitatif melalui studi literatur. Hasil dari studi ini adalah dimungkinkannya perubahan hukum nikah sirrî dari yang sebelumnya boleh menjadi haram. Ini berdasarkan fakta banyaknya penyimpangan wewenang pernikahan yang tidak tercatat yang merugikan kehidupan keluarga di masa yang akan datang. <br /><br /></p>

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