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In a time of austerity, medical emergency, and limited public funding, this book explores the role of the family justice system and asks whether it has a function beyond decision-making in dispute resolution. Might a family justice system even help to prevent or minimise conflict as well as resolving dispute when it arises? The book is divided into 4 parts, with contributions from 22 legal scholars working across Europe, Australia, Argentina and Canada. Part 1 analyses what constitutes a family justice system in different jurisdictions, and how a welfare element is included in the legal framework; Part 2 looks at those engaged with a family justice system as professionals and users; Part 3 examines new ways of working within a family justice system and questions the move towards privatisation; and Part 4 explores recent major changes of direction for the family justice systems of Australia, Argentina, Turkey, Spain, and Germany. Acknowledgements Contents List of Contributors Introduction PART A: BOUNDARIES 1. Recent Family Law Reforms and High-Conflict Post-Separation Parenting Disputes in Canada I. Background and Context II. Reforms: Canada and BC III. High-Conflict Disputes IV. Parent's Perspectives: What Helped, What was Needed V. Discussion and Conclusion References 2. Co-operation: The Glue that Unites the Danish Family Justice System I. Towards a More Unified Family Justice System II. Co-operation Between the Agency and the Family Court III. Co-operation Between the Agency and the Municipalities IV. A United System and co-operating Institutions? References 3. Family Justice Systems, Social Behaviour and Financial Arrangements after Divorce in the Netherlands I. Introduction II. Marriage III. Divorce IV. Conclusion References 4. Implementing Gender Equality as an Aim of the Swiss Family Justice System I. Introduction II. Divorce and Gender Equality Since the Turn of the Twenty-first Century III. Methodology and Data IV. Results V. Conclusion: Interpretations of Gender Equality and (Still) Limited Implementation of the Constitutional Mandate References PART B: PARTICIPANTS 5. Reforms and Reorganisation of Family Justice in France: What Are the Current Responses to the Needs of Divorcees? I. Privatisation and the Search for Efficiency II. The Redistribution of Professional Roles III. What has Been the Response to the Needs and Expectations of Litigants? IV. Conclusion References 6. Family Matters in the Polish Court: Law and Public Opinion I. The 2014 Study of public Opinion in Poland II. The 2020 Study of Public Opinion in Poland on Families and Courts III. What is Family Violence? IV. Family Violence in Reality V. Violence Against Elders VI. Violence Against Children VII. Parental Authority VIII. Household Economy IX. The Moral Sovereignty Issues X. Conclusions References Untitled 7. The Current Situation for Mediation and Other Forms of ADR in Spain with Special Reference to the Consequences of the Covid-19 Health Crisis I. Introduction II. Family Mediation and the Parenting Coordinator in Spain III. Gender Violence Cases, and Case of Children Involved in Domestic and Gender Violence IV. Changes in the Spanish Justice System Resulting From the Covid-19 Crisis V. Conclusion References PART C: INNOVATIVE PRACTICE 8. Experimenting with a Non-Adversarial Procedure for Child-related Parental Disputes in the Netherlands I. Introduction II. High-Conflict Divorce: What are we Talking About? III. How Adversarial is the Current Dutch Divorce Procedure? IV. Previous Attempts: Compulsory Parenting Plan V. New Focus of Attention: Non-Adversarial Divorce Procedure VI. Conclusion References 9. Legal Needs across the Family Justice System: Who Needs What, Where and When? The Contribution of CLOCK, a Community Outreach System in England and Wales I. What is a Family Court For? II. How the Clock for Access to Justice Began III. Clock: A Human Rights-Based Approach IV. Clock as a Transformative Methodology V. Clock: Data to Inform the Family Court Practice VI. Concludion: Clock – A Collaborative and Intersectional Approach to Identifying Risk References PART D: MAJOR POLICY CHANGE 10. Developing Holistic and Inclusive Family Justice in Argentina I. Introduction II. Methodology III. Legal Framework and Justice System IV. How Justice Providers Welcome Multidisciplinary Assistance V. How Victims Consider Multidisciplinary Assistance VI. Concluding Remarks References 11. Raising Questions on the Family Justice System in Turkey: An Ambivalent Fragmentation I. Introduction II. Family Courts III. Family and Religious Guidance Centers/Offices IV. Mediation V. Digital Space VI. Concluding Remarks References 12. How Does a Legal System Deal with Malfunctions by Its Judicial Officers? I. Introduction II. Addressing Judicial malfunction: The Federal Context III. Inappropriate Intimate Relationships with Counsel IV. Inappopriate Exchanges with Practitioners and Litigants V. Delays is Delivery of Judgment VI. Conclusion References 13. Family Court Proceedings in Parent and Child Matters in Germany: A Binding Setting for Alternative Dispute Resolution I. The German Approach: A Historical Introduction II. Legally Set Normativity For Post-Separation Families III. Empirical Findings on Professionals' Perception of the Proceedings IV. Conclusions: Potential for Further Advancement References 14. What is a Family Justice System for? Concluding Observations and Next Steps I. Cutting Costs by Discouraging Access to Court II. Access Through Triage to and Administrative Route Supported by Experts? III. Cutting Costs Through New Ways of Using the Courts IV. New Developments References Index "Does a justice system have a welfare function? If so, where does the boundary lie between justice and welfare, and where can the necessary resources and expertise be found? In a time of austerity, medical emergency, and limited public funding, this book explores the role of the family justice system and asks whether it has a function beyond decision-making in dispute resolution. Might a family justice system even help to prevent or minimise conflict as well as resolving dispute when it arises? The book is divided into 4 parts, with contributions from 22 legal scholars working across Europe, Australia, Argentina and Canada. - Part 1 looks at what constitutes a family justice system in different jurisdictions, and how a welfare element is included in the legal framework. - Part 2 looks at those engaged with a family justice system as professionals and users, and explores how far private ordering is encouraged in different countries. - Part 3 looks at new ways of working within a family justice system and raises the question of whether the move towards privatisation derives from the intrinsic value of individual autonomy and acceptance of responsibility in family disputes, or whether it is also a response to the increasing burden on the state of providing a welfare-minded family justice system. - Part 4 explores recent major changes of direction for the family justice systems of Australia, Argentina, Turkey, Spain, and Germany"-- Provided by publisher