Family Law and Therapeutic Jurisprudence: A Caring Combination—Introduction to the July 2021 Special Issue of Family Court Review

2021 ◽  
Vol 59 (3) ◽  
pp. 409-413
Author(s):  
Barbara A. Babb
Keyword(s):  
Family Law ◽  
Therapeutic Jurisprudence ◽  
Family Court ◽  
Special Issue

Divorce on grounds of discord: Did the Moroccan family law reform bring the guarantee of divorce for women? An ethnographic perspective on the changing landscape of divorce. The Mudawwana a decade on

2020 ◽  
Vol 74 (1) ◽  
pp. 35-65
Author(s):  
Elisabeth Nössing
Keyword(s):  
Women's Rights ◽  
Family Law ◽  
Age Groups ◽  
Case Law ◽  
Family Court ◽  
Law Reform ◽  
Women’S Rights ◽  
Mena Region ◽  
Men And Women ◽  
Moroccan Family

AbstractThis article discusses the new divorce on grounds of discord procedure (taṭlīq li-š-šiqāq) within the context of the Moroccan family law reform of 2004. Literature available in English and French has, so far, focused primarily on the improvements the Moroccan family law reform has brought in regard to women’s rights. The reform is considered one of the most progressive legislative projects in the MENA region and a milestone for gender equality, notably the reform of divorce law. Divorce on grounds of discord was seen as the long-awaited divorce guarantee for women. However, legal scholars maintained that case law jeopardised the divorce guarantee. This legal-anthropological study is informed by fieldwork at the family court in Rabat, as well as official statistics, case law and the standard legal commentary. It aims to scrutinise how divorce on grounds of divorce is put into practice by the judiciary, how Moroccan men and women make use of it and how changes on a procedural and institutional level affect the implementation of the new divorce procedure. My empirical findings show that divorce on grounds of discord effectively guarantees Moroccan women’s right to divorce. Well beyond the discussion on women’s rights in divorce, I will demonstrate that, within a decade, divorce on grounds of discord developed into a standard divorce procedure for both men and women across socio-economical milieus and age groups.

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.

scholarly journals Data Resource: Children and Family Court Advisory and Support Service (Cafcass) public family law administrative records in England

2020 ◽  
Vol 5 (1) ◽  
Author(s):  
Stuart Bedston ◽  
Rachel Pearson ◽  
Matthew A Jay ◽  
Karen Broadhurst ◽  
Ruth Gilbert ◽  
...  
Keyword(s):  
Family Law ◽  
Data Access ◽  
Support Service ◽  
Family Court ◽  
Data Resource ◽  
Administrative Records ◽  
Administrative Dataset ◽  
Biological Parents ◽  
Data Extract ◽  
Adults And Children

Introduction In England, in cases of child maltreatment or neglect, the state can intervene through the family court to remove them from their family home and place them in out-of-home care. The Children and Family Court Advisory and Support Service (Cafcass) collect and maintain administrative records of all public family law cases in England. While these records are primarily used to monitor and manage the case load of Cafcass teams across England, researchers have re-purposed this data for analysis to understand the drivers and outcomes of public family law intervention. Data contents The administrative dataset is a reflection of the cases Cafcass get involved with and the extent of their involvement. There are three main types of unit within the data: applicants (English local authorities), subjects (children) and parties (those with parental responsibility, typically biological mothers and fathers). As such, the data collected comprises information at the person-level (e.g. demographics of the children and adults), and information at the case-level (e.g. types of applications made, hearing dates and final legal outputs). Between 1 April 2007 and 31 March 2019, Cafcass have captured information on approximately172,100 public family law cases, involving 282,300 children, and 249,500 adults (of which 289,300 are recorded as biological parents). They record relations between adults and children making it possible to identify families. Additionally, Cafcass recording practices have improved over time, this has increased the availability of demographic information of all those involved, as well as child’s final legal outcome. Data access Researchers can apply to the Secure Anonymised Information Linkage Databank (SAIL) for access to the Cafcass pseudonymised administrative data extract, where it is refreshed bi-annually.

Custody Jurisdiction in the Family Court

1981 ◽  
Vol 12 (4) ◽  
pp. 281-307
Author(s):  
Owen Jessep ◽  
Richard Chisholm*
Keyword(s):  
Family Law ◽  
State Courts ◽  
Family Court ◽  
High Court ◽  
The Family ◽  
Difference Of Opinion ◽  
Considerable Confusion

Considerable confusion and difference of opinion exists as to the precise boundaries of jurisdiction in custody matters between Federal and State courts. This Article examines the main cases in which the scope of the Family Court's custody jurisdiction has been in issue, and reviews suggestions made to remedy the problems resulting from the division of jurisdiction. The authors argue for an interpretation of the relevant provisions of the Family Law Act 1975 (Cth) which is consistent with the trend of High Court authority as to the scope of the marriage power (section 51(xxi) of the Constitution), and which would remove much of the uncertainty concerning the Family Court's jurisdiction.

SPECIAL ISSUE ON MODELS OF COLLABORATION IN FAMILY LAW

2005 ◽  
Vol 42 (2) ◽  
pp. 197-199 ◽  
Author(s):  
Andrew Schepard
Keyword(s):  
Family Law ◽  
Special Issue

Special Issue on Models of Collaboration in Family Law

2004 ◽  
Vol 42 (2) ◽  
pp. 197-199
Author(s):  
Andrew Schepard
Keyword(s):  
Family Law ◽  
Special Issue

scholarly journals Editorial

2013 ◽  
Vol 38 (1) ◽  
pp. 1-4
Author(s):  
Rachael Sanders
Keyword(s):  
New Zealand ◽  
Young People ◽  
Family Law ◽  
Work Life ◽  
Court System ◽  
Children And Families ◽  
Special Issue ◽  
Quality Research ◽  
Research And Practice ◽  
Festive Season

Welcome to the first issue of Children Australia for 2013. We trust you had an enjoyable festive season and are now firmly back into your work/life routines for the New Year. This year Jennifer and I are continuing with our commitment to bring quality research and practice-based commentaries about issues important to children, young people, families and the professionals who work with them. Later in the year we will see a special issue guest edited by Dr Nicola Taylor from the Centre for Research on Children and Families, Otago University, New Zealand. The special issue will focus on matters related to family law, the court system and separation/divorce. In addition to our regular invitation to submit your papers to Children Australia, we invite experts in the field to make contributions to the special issue.

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