Table of Contents

Contents:

Introduction to the Research Handbook on Family Justice Systems xi
Mavis Maclean and Rachel Treloar

PART I FAMILY COURTS: ROLES AND BOUNDARIES
1 Australia’s family law system: a user-centred perspective 2
Rae Kaspiew
2 Access to the Danish family justice system viewed from a user perspective 20
Christina Jeppesen de Boer and Annette Kronborg
3 Is access to justice a platitude or a reality for Canadian self-represented
litigants in family court? 32
Hannah Thackeray and Julie Macfarlane
4 Family law, family courts and public opinion in Poland 48
Małgorzata Fuszara and Jacek Kurczewski
5 International child abduction 64
Nicola Taylor and Marilyn Freeman

PART II NEW WAYS OF WORKING
6 Coping with the changing regimes of couples and families: the French
family justice system 85
Benoit Bastard
7 The inclusion of mediation in the family justice system of Argentina: an
empirical study of law, courts and actors 97
Julieta Marotta
8 Achieving compliance with post-divorce parenting contact
arrangements in the Netherlands: problems and potential solutions 112
Masha Antokolskaia, Christina Jeppesen de Boer, Geeske Ruitenberg, Wendy
Schrama and Inge van der Valk
9 The rights of persons with dementia and their family caregivers 129
Kayo Murayama

PART III PUBLIC AND PRIVATE FAMILY JUSTICE
10 Reforming the approach of the family courts in child arrangements
cases involving allegations of domestic abuse 139
Mandy Burton and Rosemary Hunter
11 The voice of the child in family law proceedings in Ireland: the
challenges of achieving first-world principles within a third-world
infrastructure 155
Stephanie Holt, Simone McCaughren and Aisling Parkes
12 Post-separation financial abuse, the money taboo and the family justice
system: perspectives from Aotearoa New Zealand 176
Ayesha Scott
13 Parental webs: multiple and disaggregated family forms in Israel 195
Pamela Laufer-Ukeles

PART IV THE IMPACT OF SYSTEMS OF BELIEF ON FAMILY JUSTICE
14 Conflicting values: family justice in Turkey between ‘modern’ and ‘traditional’ 214
Verda Irtis
15 Paths to (in)justice? The interplay between Sharīʿah tribunals and public policy 229
Federica Sona
16 Are women in polygamous customary marriages entitled to
constitutional protection in the Southern African development community? 250
Sonya Cotton
17 Relational negotiations of an ethic of justice and an ethic of care:
Pacific mothers’ and fathers’ moral reasoning over children’s
post-separation care arrangements 272
Moeata Keil and Vivienne Elizabeth
18 The family investigation system: a legislative exploration and practical
questions 286
Lei Shi, Di Yuan and Yun Zhang

PART V ISSUES EMERGING
19 Federalism, terminology, geography and systematic failure: the
Australian family justice ‘system’ 302
Richard Ingleby and Belinda Fehlberg
20 The move to private ordering in divorce, gender and the role of family
lawyers in Switzerland 318
Michelle Cottier, Eric D Widmer, Gaëlle Aeby and Bindu Sahdeva
21 American family courts and the triple system of family law adjudication 332
June Carbone
22 Changing regulatory frameworks: piercing anonymity and early access
to gamete donors 349
Rosanna Hertz

PART VI PROGRESS?
23 Amicable solutions as the norm in German family court proceedings
after separation and divorce 367
Thomas Meysen
24 Delivering the art of the possible: an insight into the role of government
lawyers in facilitating the recognition of same-sex relationships in the
United Kingdom 380
Oliver Gilman
25 What are family courts for? Lessons from a pandemic 401
Rob George

Index

About the Author

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

Reviews

‘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.’
*John Eekelaar, FBA*