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The Government accepts the overwhelming majority of the recommendations made in the final report of the Family Justice Review (2011, ISBN 9780108511158), and proposes a system with children's and families' needs at its heart. The proposed reforms will put practical measures in place to ensure children's voices are heard before and during the court process. A new Family Justice Board will be established in April 2012 and will take the detail of the recommendations forward. All measures will comply with the United Nations Convention on the Rights of the Child. Changes to public law are designed to tackle delay and put more focus on the child. Changes to private law will support families to reach their own agreements without needing to being their issues to the courts. Mediation and other support services will again be child-centred, and with a presumption of shared parenting where separation occurs. A new web and telephony service providing a single gateway to advice and guidance for separating parents will be commissioned in 2012 and operational in 2013. Divorce proceedings will be streamlined. Cafcass will move under the sponsorship of the Ministry of Justice. Those working in the family justice system need to change culture and practices if these reforms are to succeed, and judicial leadership is critical. Family courts must be as child-friendly as possible. Annexes cover detailed responses to the Review's recommendations, an update on developing the evidence base for family justice, impact assessments and key references and supporting documents.
The legal framework of family justice in England and Wales is strong. Its principles are right, in particular the starting point that the welfare of children must be paramount. Every year 500,000 parents and children are involved in the system. But the system is under great strain: cases take far too long (the average case took 53 weeks in 2010); too many private law disputes end up in court; the system lacks coherence; there is growing mistrust leading to layers of checking and scrutiny; little mutual learning or feedback; a worrying lack of IT and management information. The Review's recommendations aim: to bring greater coherence through organisational change and better management; making the system more able to cope with current and future pressures; to reduce duplication of scrutiny to the appropriate level; and to divert more issues away from the courts. The chapters of the review cover: the current system; the proposed Family Justice Service; public law; private law; financial implications and implementation; and there are eighteen annexes. The proposals are now out for consultation, with the final report due in autumn 2011.
This book is about the delivery of family justice in England and Wales, focusing on the work of the family judiciary in the lower courts. The policy context is moving so rapidly that the authors have gone beyond presenting their empirical findings to offer a broader consideration of the nature and role of the family justice system, as these are in danger of being lost amid present reform proposals. The first four chapters are historical and comparative, examining assumptions about family justice and offering a defence of the role of legal rights in family life, and the importance of good policy-making balancing outcome- and behaviour-focused approaches to family justice. Comparative examples from the US and Australia show how new approaches to family justice can be successfully deployed. The next three chapters are empirical, including a typology of the roles played and tasks addressed by the judges, overturning the commonly held assumption that the central judicial role is adjudication, emphasising the extent to which judges integrate outcome- and behaviour-focused approaches to family justice, and giving a detailed account of the daily work of circuit and district judges and legal advisers. The conclusion is that there is a trend across jurisdictions, driven by technological innovation and by economic constraints, to reduce the role of courts and lawyers in favour of individual choices based on private or government-funded information sources. While these developments can be beneficial, they also have dangers and limitations. The final chapter argues that despite the move to privatised forms of dispute resolution, family justice still demands a sound judicial structure.
Following its 2011 consultation on marital property agreements, the Law Commission has opened a supplementary consultation on needs and non-matrimonial property, Matrimonial Property, Needs and Agreements - A Supplementary Consulatation Paper (Consultation Paper No 208). The earlier paper examined the legal status of financial agreements made by husbands, wives and civil partners, often known as 'pre-nups' and 'post-nups'. The most important question addressed in that consultation was the enforceability of such agreements. This extension to the project followed the recommendation from Sir David Norgrove's Family Justice Review Panel for a review of the law relating to financial orders. The review is looking at two specific aspects of the law relating to financial provision on divorce: (i) to what extent one spouse should be required to meet the other's financial needs, and what exactly is meant by needs; and (
This textbook is an ambitious and engaging introduction to the more advanced writings on family law, primarily designed to allow students to 'get under the skin' of the topic and begin to build their critical thinking and analysis skills. Each chapter is structured around key questions and debates that provoke deeper thought and, ultimately, a clearer understanding. The aim of the book is therefore not to present a complete overview of theoretical issues in family law, but rather to illustrate the current debates which are currently going on among those working in shaping the area. The text features summaries of the views of notable experts on key topics and each chapter ends with a list of guided further reading.
This popular, long-established textbook provides a clear and engaging account of a fascinating and dynamic subject, while also introducing current debates about the nature, scope and functions of the law, and discussing controversies surrounding the basic doctrines by placing them in a wider context. The book takes an applied approach and provides real life examples to illustrate how the law works in practice. This book is essential reading for law students taking undergraduate modules in family law and child law. Students on social work, social policy, health care and human rights courses will also find it invaluable, as will postgraduates and those studying the subject for professional purposes. New to this Edition: - In-depth information on new reforms to the law on domestic violence, now more appropriately referred to as 'domestic abuse' - Fully updated case law, particularly in respect of Supreme Court developments in the areas of divorce and civil partnership - Overview and analysis of the government's proposed reforms to the law on divorce - Up-to-date statistics - A discussion question in each chapter, with suggested ways to approach it on the companion website
Changes in family structures, demographics, social attitudes and economic policies over the last 60 years have had a large impact on family lives and correspondingly on family law. The Second Edition of this Handbook draws upon recent developments to provide a comprehensive and up-to-date global perspective on the policy challenges facing family law and policy round the world. The chapters apply legal, sociological, demographic and social work research to explore the most significant issues that have been commanding the attention of family law policymakers in recent years. Featuring contributions from renowned global experts, the book draws on multiple jurisdictions and offers comparative analysis across a range of countries. The book addresses a range of issues, including the role of the state in supporting families and protecting the vulnerable, children’s rights and parental authority, sexual orientation, same-sex unions and gender in family law, and the status of marriage and other forms of adult relationships. It also focuses on divorce and separation and their consequences, the relationship between civil law and the law of minority groups, refugees and migrants and the movement of family members between jurisdictions along with assisted conception, surrogacy and adoption. This advanced-level reference work will be essential reading for students, researchers and scholars of family law and social policy as well as policymakers in the field.
Family group conferences (FGCs) are a strengths-based approach to social work practice, empowering families to take responsibility for decision-making. It is a cost-effective service, which is currently used by the majority of local authorities. This collection discusses the origins and theoretical underpinnings of family led decision making and brings together the current research on the efficacy and limitations of FGCs into a single text. This insightful book also covers topics such as the use of FGCs in different areas of children and families social work, uses case studies to illustrate current practice, and explores whether FGCs should become a mainstream function of children and families social work.
Provides a comprehensive, critical, and case-focused introduction to family law. Hayes & Williams' Family Law helps students to gain a firm understanding of family law principles, the developing law, and key reform debates.
Demonstrating how the law and statutory guidance applies in practice, this book is a critical account of current family justice policy and practice. It draws on recent legislation, case law and research findings to provide clear, accessible information and advice on how to make the difficult decisions in pre-proceedings child care practice work. With reference to child protection legislation and practice frameworks, this book highlights the importance of undertaking informed and effective assessments based on the best outcome for the child. The book acknowledges the constraints facing practitioners, such as working under considerable pressure within tight time frames and focuses on the issues which commonly present as challenges for practice, such as neglect, child sexual exploitation and pre-birth assessments. This is essential reading for students and practitioners in social work and law, as well as policy-makers and other professionals concerned with the current state of child welfare.