Research Handbook on Family Justice Systems

Edited by Mavis Maclean, CBE, Department of Social Policy and Intervention, University of Oxford and Rachel Treloar, Honorary Lecturer, School of Law, Keele University, UK

• Contents:Introduction to the Research Handbook on Family Justice Systems xiMavis Maclean and Rachel TreloarPART I FAMILY COURTS: ROLES AND BOUNDARIES1 Australia’s family law system: a user-centred perspective 2Rae Kaspiew2 Access to the Danish family justice system viewed from a user perspective 20Christina Jeppesen de Boer and Annette Kronborg3 Is access to justice a platitude or a reality for Canadian self-representedlitigants in family court? 32Hannah Thackeray and Julie Macfarlane4 Family law, family courts and public opinion in Poland 48Małgorzata Fuszara and Jacek Kurczewski5 International child abduction 64Nicola Taylor and Marilyn FreemanPART II NEW WAYS OF WORKING6 Coping with the changing regimes of couples and families: the Frenchfamily justice system 85Benoit Bastard7 The inclusion of mediation in the family justice system of Argentina: anempirical study of law, courts and actors 97Julieta Marotta8 Achieving compliance with post-divorce parenting contactarrangements in the Netherlands: problems and potential solutions 112Masha Antokolskaia, Christina Jeppesen de Boer, Geeske Ruitenberg, WendySchrama and Inge van der Valk9 The rights of persons with dementia and their family caregivers 129Kayo MurayamaPART III PUBLIC AND PRIVATE FAMILY JUSTICE10 Reforming the approach of the family courts in child arrangementscases involving allegations of domestic abuse 139Mandy Burton and Rosemary Hunter11 The voice of the child in family law proceedings in Ireland: thechallenges of achieving first-world principles within a third-worldinfrastructure 155Stephanie Holt, Simone McCaughren and Aisling Parkes12 Post-separation financial abuse, the money taboo and the family justicesystem: perspectives from Aotearoa New Zealand 176Ayesha Scott13 Parental webs: multiple and disaggregated family forms in Israel 195Pamela Laufer-UkelesPART IV THE IMPACT OF SYSTEMS OF BELIEF ON FAMILY JUSTICE14 Conflicting values: family justice in Turkey between ‘modern’ and ‘traditional’ 214Verda Irtis15 Paths to (in)justice? The interplay between Sharīʿah tribunals and public policy 229Federica Sona16 Are women in polygamous customary marriages entitled toconstitutional protection in the Southern African development community? 250Sonya Cotton17 Relational negotiations of an ethic of justice and an ethic of care:Pacific mothers’ and fathers’ moral reasoning over children’spost-separation care arrangements 272Moeata Keil and Vivienne Elizabeth18 The family investigation system: a legislative exploration and practicalquestions 286Lei Shi, Di Yuan and Yun ZhangPART V ISSUES EMERGING19 Federalism, terminology, geography and systematic failure: theAustralian family justice ‘system’ 302Richard Ingleby and Belinda Fehlberg20 The move to private ordering in divorce, gender and the role of familylawyers in Switzerland 318Michelle Cottier, Eric D Widmer, Gaëlle Aeby and Bindu Sahdeva21 American family courts and the triple system of family law adjudication 332June Carbone22 Changing regulatory frameworks: piercing anonymity and early accessto gamete donors 349Rosanna HertzPART VI PROGRESS?23 Amicable solutions as the norm in German family court proceedingsafter separation and divorce 367Thomas Meysen24 Delivering the art of the possible: an insight into the role of governmentlawyers in facilitating the recognition of same-sex relationships in theUnited Kingdom 380Oliver Gilman25 What are family courts for? Lessons from a pandemic 401Rob GeorgeIndex

‘This magnificent compendium of information about family justice is no mere survey of legal provisions. Its 25 chapters by leading scholars and researchers delve into the subject from every possible perspective, exploring, among other things, conceptual and cultural issues, the interaction between legal and social welfare structures and processes and, above all, the evidence of empirical studies. This is set within a broad international context allowing wide inter-country comparisons, and an engagement with policy going beyond critique to positive guidance for future development. Truly a treasure trove.’