scholarly journals Against the Grain: Therapeutic Judging in a Traditional Family Court

2016 ◽  
Vol 41 (03) ◽  
pp. 701-718 ◽  
Author(s):  
Vicki Lens
Keyword(s):  
Problem Solving ◽  
Best Practices ◽  
Therapeutic Jurisprudence ◽  
Family Court ◽  
Court System ◽  
Traditional Family ◽  
Family Courts ◽  
The Family ◽  
Specialized Courts ◽  
Adversarial Model

The last several decades have seen a proliferation of specialized courts, including within the family court system, that deviate from the adversarial model, and that rely on therapeutic jurisprudence and other problem-solving techniques. Whether and how traditional family courts can incorporate the best practices of these specialized courts is a largely understudied area. Drawing from ethnographic observations of a traditional urban family court, this study finds that some judges are able to transform nontherapeutic courtrooms into therapeutic ones despite obstacles. These “against the grain” actors, who act contrary to the institution's dominant norms and practices, demonstrate how therapeutic jurisprudence and other problem-solving techniques can be utilized in traditional courtrooms.

scholarly journals Reform of the Irish family courts system

2014 ◽  
pp. 145-148
Author(s):  
Rosemary O'Sullivan
Keyword(s):  
Family Law ◽  
Family Court ◽  
Court System ◽  
Progressive Reform ◽  
Family Courts ◽  
Irish Family ◽  
European Court ◽  
Law Courts ◽  
The Government ◽  
Adversarial Model

Access to the law and to the courts is an essential part of the rule of law in any democratic society. This right must not be ‘theoretical or illusory’ but rather should be ‘practical and effective’ as declared by the European Court of Human Rights in Airey v Ireland [1979] 2 E.H.R.R. 305. Ireland’s family law courts are in serious need of reform. Delays are problematic, the system is expensive and the courts do not appear to operate efficiently or coherently. Concerns have also been expressed at the continuing use of an adversarial model in this sensitive and complex area of law. Due to concerns that the current family court system is not fit for purpose, the Government has promised reform. The aim of my research is to develop a model of Irish family law courts drawing on international experience with a view to supporting progressive reform in this area.

‘I was punished for telling the truth’: how allegations of parental alienation are used to silence, sideline and disempower survivors of domestic abuse in family law proceedings

2021 ◽  
Author(s):  
Jenny Birchall ◽  
Shazia Choudhry
Keyword(s):  
Research Study ◽  
Domestic Abuse ◽  
Empirical Studies ◽  
Reliable Data ◽  
Family Court ◽  
Court System ◽  
Parental Alienation ◽  
Family Courts ◽  
The Family ◽  
The Impact

This article presents empirical findings from a research study conducted by Women’s Aid Federation England and Queen Mary University of London looking at domestic abuse and the family courts. The study found that allegations of parental alienation were frequently being used during child arrangements proceedings to obscure and undermine allegations of domestic abuse. These findings are presented against a backdrop of a recent revival of ideas around alienation in the family court in England and Wales. The article highlights a growing body of evidence demonstrating the gendered assumptions underlying parental alienation as a concept, and argues that the concept should not be accepted without analysis and understanding of the harmful impact it has on survivors of domestic abuse and their children.<br /><br />Key messages<br /><ul><li>‘Parental alienation’ has been increasingly invoked in the family courts in recent years, but there is a dearth of robust empirical studies to back up the concept and no reliable data on its prevalence.</li><br /><li>Studies demonstrate the gendered assumptions and myths underlying discourses of parental alienation, and the increasing use of these discourses to obscure and undermine domestic abuse in child arrangements proceedings.</li><br /><li>Theories of parental alienation, no matter how they are packaged or theorised, should not be accepted without analysis of the impact they have on survivors of domestic abuse and their children.</li><br /><li>This article contains an overview of the findings of a research project involving survivors of domestic abuse and their experiences of the family court system which evidences the aforementioned assertions.</li></ul>

Therapeutically (Un)Just Interactions in Family Court Proceedings

2018 ◽  
Vol 31 (2) ◽  
pp. 262-286
Author(s):  
Cindy Brooks Dollar
Keyword(s):  
Observational Data ◽  
Justice System ◽  
Family Members ◽  
Therapeutic Jurisprudence ◽  
Family Court ◽  
Family Courts ◽  
Specialty Courts ◽  
Current Operation ◽  
Court Proceedings

Court systems have a unique and powerful impact on the lives of persons who enter into them. In recognition of some of the deleterious effects of traditional court models, scholars and practitioners advocate for alternative court processes, especially through the implementation of specialty courts. Family court is a type of specialized court, which handles legal disputes among family members. The stated mission of family courts reflects notions of therapeutic jurisprudence; however, scarce research examines if therapeutic jurisprudence is actually practiced in family court settings. Using 12 months of observational data of over 100 hearings, the present study assesses the extent to which principles of therapeutic jurisprudence are apparent in court proceedings. I find that although therapeutically just interactions are common in family court, some encounters remain antitherapeutic or damaging. The implication of family court’s current operation within the broader “justice” system is discussed.

ROLE OF THE COURTS

PEDIATRICS ◽  
1973 ◽  
Vol 51 (4) ◽  
pp. 796-798
Author(s):  
Florence M. Kelley
Keyword(s):  
Social Work ◽  
Juvenile Court ◽  
Family Court ◽  
Court System ◽  
The Family ◽  
Long Time ◽  
Neglected Children ◽  
Abused And Neglected Children ◽  
As If

It is important to know what the courts can do and cannot do in the area of abused and neglected children. Often the Family Court is listed as an agency. It is not an agency. It is part of the court system. Its operation is circumscribed by the concept of being a real court. For a long time there was a theory that the Family Court or Juvenile Court could be a kind of social work oriented operation, not quite a real court, not truly a social work agency. This concept has been abandoned. The Family Court is a court of record and is in all aspects a court. It is dependent in the action it takes on evidence which must conform to strict rules that are laid down. It is an adversary proceeding. It is not enough to produce a child that looks as if it has been beaten. A judge in the Family Court also has before him the person who may be charged with having beaten the child. That person, be it a parent or guardian, is entitled to counsel, to help in his defense. The adversary process then takes place. Persons bring forth evidence to show that the parent did abuse the child. The parent is enabled under the court system to bring forth before the judge evidence that he or she did not do it. It is then up to the judge to give this evidence due weight and make a decision as to whether or not the allegations have been proven.

scholarly journals Bill Atkin: A Fierce Defender of Children's Rights and Proponent of Child-Focused Legislation

2015 ◽  
Vol 46 (3) ◽  
pp. 591
Author(s):  
Mark Henaghan ◽  
Ruth Ballantyne
Keyword(s):  
Child Support ◽  
Family Law ◽  
Well Being ◽  
Family Court ◽  
Physical Discipline ◽  
Court System ◽  
The Family ◽  
Legislative Reforms ◽  
Children’S Views ◽  
Made In

This article illustrates the different ways in which Professor Bill Atkin has shown where family law legislative reforms have fallen short in making the rights and well-being of children the paramount consideration in family law disputes, and properly taking account of children's views on matters that affect them. It examines Atkin's thought-provoking analysis of the introduction of the Care of Children Act 2004 and the changes made in recent years to the Child Support Act 1991, the Property (Relationships) Act 1976 and the Family Court system as a whole. The article also explores Atkin's approval of the amendments to the Crimes Act 1961 preventing parents from using physical discipline against their children for the purposes of correction. Overall, the article highlights Atkin's extensive contribution to family law and demonstrates what needs to be changed to ensure New Zealand family law and society becomes more child-focused in the future.

Criminal Justice: Criminal Courts

2013 ◽  
Author(s):  
Diane S. Young
Keyword(s):  
Plea Bargaining ◽  
The United States ◽  
Therapeutic Jurisprudence ◽  
Federal State ◽  
Court System ◽  
Criminal Courts ◽  
Bargaining Process ◽  
Adult Court ◽  
Specialized Courts ◽  
State And Local

This entry on the adult court system in the United States discusses the foundation, structure, and authority of courts at federal, state, and local levels. The role of criminal courts, the nature of an adversarial justice system, the plea bargaining process, and the goals of sentencing are described. Innovations such as specialized courts, restorative justice approaches, and therapeutic jurisprudence are presented. Finally, several social work roles in the court system are identified.

The Pediatrician's Role in Helping Children and Families Deal with Separation and Divorce

PEDIATRICS ◽  
1995 ◽  
Vol 95 (2) ◽  
pp. 318-319
Author(s):  
Bernard A. Yablin
Keyword(s):  
Mental Health ◽  
Child Development ◽  
American Academy ◽  
Family Court ◽  
Adjustment Process ◽  
Court System ◽  
Children And Families ◽  
American Academy Of Pediatrics ◽  
The Family

The Psychosocial Committee is to be commended for its report on the pediatrician and divorce in the July issue of Pediatrics. I would like to add the following: The role of the pediatrician should extend well beyond the divorce and immediate adjustment process. Firstly, there should be greater involvement between both the pediatrician and the Family Court system to help prevent misplacement of the child in custody decisions. (I believe that various groups within the American Academy of Pediatrics are already working with judicial/legal groups to bring to them a greater knowledge of child development and mental health).

4. The Single Family Court

Family Law ◽  
2020 ◽  
pp. 36-36
Author(s):  
Roiya Hodgson
Keyword(s):  
Family Court ◽  
Business Rules ◽  
Single Family ◽  
Judicial Process ◽  
Family Courts ◽  
The Family

This chapter is a short but important chapter. It provides an overview of the Single Family Court, which was created in April 2014. This is a huge change from when there used to be two family courts, magistrates’ and county court. It summarizes the effects of the Single Family Court and outlines who is involved in the judicial process within the new structure. It discusses how the allocation of cases within the Single Family Court are done by ‘gatekeepers’ and the new points of entry for cases. It outlines that the rules for allocation can be found in the Family Court (Composition and Distribution of Business) Rules 2014.

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