Therapeutic Justice ‐ What It Means for the Family Justice System in Singapore †

2021 ◽  
Author(s):  
Yarni Loi ◽  
Suzanne Chin
Keyword(s):  
Justice System ◽  
The Family ◽  
Therapeutic Justice

Child Participation: Overcoming Disparity between New Zealand’s Family Court and Out-of-court Dispute Resolution Processes

2017 ◽  
Vol 25 (3-4) ◽  
pp. 658-671 ◽  
Author(s):  
Nicola Taylor
Keyword(s):  
New Zealand ◽  
Dispute Resolution ◽  
Justice System ◽  
Research Evidence ◽  
Family Court ◽  
New Family ◽  
The Family ◽  
Major Reform ◽  
Children’S Views ◽  
Resolution Processes

This article considers children’s right to participate in the context of private law disputes concerning their post-separation, day-to-day care and contact arrangements. In New Zealand the approach to ascertaining children’s views has been both long-standing and systematic for contested proceedings within the Family Court (via children’s legal representatives and judicial meetings with children). However, major reform of the family justice system in 2014 shifted the emphasis to new out-of-court processes for resolving post-separation parenting arrangements. The reforms were disappointingly silent on the issue of children’s participation in the new Family Dispute Resolution services, particularly mediation. A disparity has thus arisen between opportunities for children’s engagement in New Zealand’s in-court and out-of-court dispute resolution processes. Research evidence and international developments in Australia and England and Wales are reviewed for the guidance they can offer in remedying this in New Zealand and elsewhere.

The Child’s Guardian – Listening and Giving Weight to Children’s Views

2018 ◽  
Vol 26 (1) ◽  
pp. 117-135 ◽  
Author(s):  
Helen James ◽  
David Lane
Keyword(s):  
Child Protection ◽  
Justice System ◽  
Protection System ◽  
Review Panel ◽  
England And Wales ◽  
The Family ◽  
Research Findings ◽  
Children’S Views ◽  
Meaningful Relationships ◽  
Insight Into

Both the child protection and public child law systems assume a child-centred approach is at the heart of their work with children. That assumption is based on what are considered child-centred principles, which are enshrined in legislation in England and Wales in the Children Act 1989, mainly the principle of paramountcy of the child’s welfare in Section 1(1) and the principle of no delay in Section 1(2), in relation to the completion of proceedings ( hm Government, 1989). However, comprehensive reviews of both the child protection system (Munro, 2011) and the family justice system (Family Justice Review Panel, 2011), along with research findings (Cappleman et al., 2013) present a picture that challenges this assumption. Increasingly, the focus on the child’s life and welfare is hampered by a lack of time and resources available to professionals such as Guardians to enable them establish a meaningful and trusting relationship with the child in order to gain insight into and an understanding of the child’s world from the child’s perspective. The child appears to be very much on the periphery of a system that lacks real connectedness with the child and their view of their situation and circumstances. Such a level of connectedness can only be achieved by providing children with space and time to develop trust in and meaningful relationships with those whose duty it is to represent their true wishes and feelings and give due weight to the child’s perspective.

Fractured families, fractured systems: overcoming the silo mentality in family justice work

2021 ◽  
Vol 11 (1) ◽  
pp. 27-40
Author(s):  
Amita Sehgal
Keyword(s):  
Mental Health ◽  
Justice System ◽  
Child Outcomes ◽  
Parental Conflict ◽  
Family Structures ◽  
Adult Mental Health ◽  
The Family ◽  
Hostile Parenting ◽  
Professional Systems

This article comments on the detrimental effects of inter-parental conflict, hostile parenting, and acrimonious divorce proceedings in terms of child outcomes, adult mental health, and quantifiable costs to the taxpayer. It refers to the growing concern that fragmentation within the family justice system works against supporting families through change. It draws upon the research conducted over many years by Tavistock Relationships in understanding the connection between family structures and professional systems, and suggests inter-agency collaboration as one way of mitigating obstacles. It puts forward the idea of developing cross-discipline consultative groups as a way of integrating services within the family justice system, and presents an example where this model has been informally trialled with some success.

1. Introduction

2015 ◽  
pp. 1-29
Author(s):  
N V Lowe ◽  
G Douglas
Keyword(s):  
Justice System ◽  
Family Law ◽  
The Family

This introductory chapter begins with a discussion of the nature and scope of family law, covering the meaning of ‘family’ and the functions of family law. It then describes trends in family law; the family justice system; and the internationalisation of family law.

The family justice system

2019 ◽  
pp. 1-31
Author(s):  
Barbara A. Babb ◽  
Judith D. Moran
Keyword(s):  
Justice System ◽  
The Family

The Process of Attrition in Child Sexual Assault Cases: A Case Flow Analysis of Criminal Investigations and Prosecutions

2002 ◽  
Vol 35 (3) ◽  
pp. 347-362 ◽  
Author(s):  
Patrick N. Parkinson ◽  
Sandra Shrimpton ◽  
Heather Y. Swanston ◽  
Brian I. O'Toole ◽  
R. Kim Oates
Keyword(s):  
Criminal Justice ◽  
Child Protection ◽  
Justice System ◽  
Flow Analysis ◽  
Criminal Investigation ◽  
Criminal Prosecution ◽  
Court Records ◽  
Child Sexual Assault ◽  
The Family ◽  
A Prospective Study

As part of a prospective study which tracked 183 child sexual abuse cases referred to two Child Protection Units in Sydney, NSW, a search of court records was conducted to obtain criminal justice outcomes. Of the 183 cases, there were 117 cases where the name of the offender was known. Forty-five cases reached trial. Thirty-two cases resulted in a conviction. A sub-cohort of 84 of the children and their families was interviewed in detail to determine reasons why many cases did not proceed down the track of criminal investigation and prosecution and why other cases dropped out of the criminal justice system. Among this sub-cohort of 84 children, there were 67 cases where the offender was identifiable and could have been charged. There were 25 convictions. Reasons for not proceeding to trial included: the offence was not reported to police; parents wished to protect children, the perpetrator or other family members; evidence was not strong enough to warrant proceeding; the child was too young; the offender threatened the family; or the child was too distressed. The implications for criminal prosecution as a child protection strategy are considered in the light of this evidence of attrition.

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