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Delivering Family Justice in Late Modern Society in the wake of Legal Aid Reform
Legal aid for family cases in private law, mainly divorce and separation, where the state is not directly involved as it is in public law cases where there are issues of domestic violence or neglect or abuse of children, came to an abrupt end together with help for welfare and immigration cases on April 1 2013 when the Legal Aid Sentencing and Punishment of Offenders Act (LASPO) came into effect. This book presents an account of the wide ranging problems which the researchers and practitioners expected to ensue. Sadly, their fears have been realised in many areas of legal help and advice. The National Audit Office was to take the view in 2014 that although the Ministry of Justice had succeeded in making considerable savings in the cause of austerity that they had failed to investigate or understand the impact of these cuts on the individuals concerned and society as a whole. This book was previously published as a special issue of the Journal of Social Welfare and Family Law.
Making Law for Families
This book analyzes the concept of the family in the context of increasing challenges and questions created by multicultural societies.
After the Act
After the Act describes the aftermath of the recent removal under LASPO of public funding from legal services in family matters other than in defined cases such as child protection and domestic abuse. Through analysis of the policy context, interviews with key players, observation of services provided by lawyers, students, lay support workers and the advice sector, the authors outline the work being done and the skills being used in a range of settings. The book raises questions not only about access to family justice, but about the role of law in family matters in an increasingly post-legal society. Fragmentation of the market in the new services offering information, initial advice, online...
Lawyers and Mediators
Do lawyers make matters worse, or do they provide information, advice and support which can help to prevent disputes arising or manage them when they do? Do mediators enable parties to communicate and reach agreements tailor-made to their needs? Or working outside the legal framework, do they find it difficult to protect weaker parties and access expert advice? What happens when lawyers become mediators? This book will describe the structure of service provision and the day-to-day work of lawyers, mediators, and lawyer mediators, drawing on empirical work carried out between 2013 and 2015 immediately after the recent changes to the management of divorce and separation within the family justice system. The reduction in legal aided help in 2013 and the failure of mediation to fill the gap in 2014–15 have given rise to a difficult debate. This book aims to provide an account of some of the practical effects of these policies through a description of the daily work of practitioners in the sector. It raises the question of whether we need to choose between traditional legal services and the new processes of private ordering or whether intermediate positions might be possible.
Family Lawyers
This book examines the world of family solicitors and will allow a balanced assessment of the role and of the place of the law in this aspect of life.
Managing Family Justice in Diverse Societies
The aim of this book is to explore what response the law has or should have to different family practices arising from cultural and religious beliefs. The issue has become increasingly debated as western countries have become more culturally diverse. Although discussion has frequently focused on the role Islamic family law should have in these countries, this book seeks to set that discussion within a wider context that includes consideration both of theoretical issues and also of empirical data about the interaction between specific family practices and state law in a variety of jurisdictions ranging from England and Wales to Bangladesh, Botswana, Spain, Poland, France, Israel, Iran and South Africa. The contributors to the 17 chapters approach the subject matter from a variety of perspectives, illustrating its complex and often sensitive nature. The book does not set out to propose any single definitive strategy that should be adopted, but provides material on which researchers, advocates and policy makers can draw in furthering their understanding of and seeking solutions to the problems raised by this significant social development.
Making Law for Families
Making Law for Families is the result of a workshop organized by Mavis Maclean and held between May 26 and June 2,1999, at the international Institute for the Sociology of Law (IISL) in Onati, Spain. This book analyzes the concept of the family in the context of increasing challenges and questions created by multicultural societies in ever more complicated international and transnational legal contexts. How is the family defined across cultural and national divides? To what extent and under what conditions should any particular state intervene? The collected essays in this volume seek to answe.
Women's Issues in Social Policy
During the 1980s a notable development in mainstream social policy in the United Kingdom was the emergence of a feminist critique. Originally published in 1991, Women’s Issues in Social Policy was intended as a contribution to the social policy literature which could also be used in a women’s studies context. It demonstrates the impossibility of understanding the welfare state without appreciating how it treats women, especially as dependants within the family, and the conflicts of interest between men and women as well as the unequal power relationships in the welfare context. It also highlights the fact that women’s traditional role in welfare provision is as unpaid carers for childr...
Family Law Advocacy
The role of the law in settling family disputes has been a matter of particular debate over the past twenty-five years. In keeping with the general public perception, the media has been largely critical about the role of lawyers in family law matters, sustaining a general lack of confidence in the legal profession, and a more specific feeling that in family matters lawyers aggravate conflict or even represent a female conspiracy. The climate in which family lawyers practise in England and Wales is therefore a harsh one. The authors of this path-breaking study felt it was time to find out more about the contribution of barristers in family law cases. They therefore embarked on a careful study...
Child support reform
Child support Reform : Fourth report of session 2006-07, Vol. 2: Oral and written Evidence
