Caring for Families in Court


Book Description

In many US courts and internationally, family law cases constitute almost half of the trial caseload. These matters include child abuse and neglect and juvenile delinquency, as well as divorce, custody, paternity, and other traditional family law issues. In this book, the authors argue that reforms to the family justice system are necessary to enable it to assist families and children effectively. The authors propose an approach that envisions the family court as a "care center," by blending existing theories surrounding court reform in family law with an ethic of care and narrative practice. Building on conceptual, procedural, and structural reforms of the past several decades, the authors define the concept of a unified family court created along interdisciplinary lines — a paradigm that is particularly well suited to inform the work of family courts. These prior reforms have contributed to enhancing the family justice system, as courts now can shape comprehensive outcomes designed to improve the lives of families and children by taking into account both their legal and non-legal needs. In doing so, courts can utilize each family’s story as a foundation to fashion a resolution of their unique issues. In the book, the authors aim to strengthen a court’s problem-solving capabilities by discussing how incorporating an ethic of care and appreciating the family narrative can add to the court’s effectiveness in responding to families and children. Creating the court as a care center, the authors conclude, should lie at the heart of how a family justice system operates. The authors are well-known figures in the area and have been involved in family court reform on both a US national and an international scale for many years.




Operation of the Family Courts


Book Description

Family Courts will need to be more prepared to cope with litigants representing themselves following Government reforms to Legal Aid - MPs on the Commons Justice Committee have warned in a new report. The MPs are also calling on the Government to scrap the provisions in the Children, Schools and Families Act 2010 to allow media access to Family Courts following universal condemnation of the plans. The report recommends that Ministers reformulate proposals to increase transparency in Family Courts putting the views of children centre stage. The committee rejects the Family Justice Panel's Interim Report recommendation that a statement be introduced into legislation to "reinforce" the importance of a child having a meaningful relationship with both parents. The MPs believe it ought to be obvious to the courts, and to parents, that a child deserves a meaningful relationship with both parents but that inclusion of a statement in the law could create confusion and the mistaken impression the law had changed. The committee also calls on judges to reduce the costs and delays in case management associated with expert reports. Judges should be encouraged to, where possible, insist on joint reports and require clear explanations of why additional assessments are needed, ensuring the parties' solicitors work together to reduce the number of questions for the expert. Government plans to fold Cafcass into the proposed new Family Justice Service do not go far enough, according to the report. The committee calls for this to be the first step in a series of reforms designed to transform the body into a less process-driven, more child focused and integral part of family justice.




Family Law and Practice


Book Description




The 10 Stupidest Mistakes Men Make When Facing Divorce


Book Description

The Knowledge Every Man Needs for a Successful Divorce Each year 500,000 men will face divorce, and most of them make at least one crucial—and often irreversible—mistake. These errors might seem minor, such as moving out while things get sorted out, or thinking of “temporary” orders as being truly temporary. But when they get to court, these men discover they have put themselves in a terrible position. They may have to give up their house, pay impossibly high alimony, or even lose custody. You could be one of these men. But you don’t have to be. Joseph Cordell, the founder of the nation’s largest law firm focusing on men’s divorce and the creator of the Dads Divorce website, has seen the consequences of the mistakes men make. Drawing upon the huge number of cases that Cordell & Cordell has handled, this book identifies the 10 most common mistakes that end up hurting men in divorce. Cordell demystifies the divorce process, explains what judges consider in making their final decisions, and lays out a road map for positive actions men can take to achieve the best possible outcome. No man should face divorce without this book.




Model Rules of Professional Conduct


Book Description

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.




Arizona Rules of Family Law Procedure


Book Description

Our books are printed using fonts of 11 points size or larger. The text is printed in 1 column unless specifically noted, it is indented for easy reading. Ebook version is priced low to allow customer to see our publications before buying the more expensive paperback.




Parenting Plan Evaluations


Book Description

When conducting parenting plan evaluations, mental health professionals need to be aware of a myriad of different factors. More so than in any other form of forensic evaluation, they must have an understanding of the most current findings in developmental research, behavioral psychology, attachment theory, and legal issues to substantiate their opinions. With a number of publications on child custody available, there is an essential need for a text focused on translating the research associated with the most important topics within the family court. This book addresses this gap in the literature by presenting an organized and in-depth analysis of the current research and offering specific recommendations for applying these findings to the evaluation process. Written by experts in the child custody arena, chapters cover issues associated with the most important and complex issues that arise in family court, such as attachment and overnight timesharing with very young children, dynamics between divorced parents and children's potential for resiliency, co-parenting children with chronic medical conditions and developmental disorders, domestic violence during separation and divorce, gay and lesbian co-parents, and relocation, among others. The scientific information provided in these chapters assists forensic mental health professionals to proffer empirically-based opinions, conclusions and recommendations. Parenting Plan Evaluations is a must-read for legal practitioners, family law judges and attorneys, and other professionals seeking to understand more about the science behind child custody evaluations.




Tug of War


Book Description

Explaining complex family law concepts and procedures in a jargon-free style, this resource includes detailed information on how family court works, offers easily understandable case examples, and describes alternatives to litigation that are designed to help prevent families with children from entering the legal system to resolve disputes. Exploring subjects that apply to all parties involved in resolving separation, divorce, and custody conflictsjudges, lawyers, mediators, parenting coaches, psychologists, family counselors, and social workersthis reference demystifies the role of lawyers and judges, debunks the myth that parents can represent themselves in court, and examines each parents responsibility to ensure that post-separation conflicts are resolved with minimal emotional stress to children.




Divorced from Reality


Book Description

Over the past thirty years, there has been a dramatic shift in the way the legal system approaches and resolves family disputes. Traditionally, family law dispute resolution was based on an “adversary” system: two parties and their advocates stood before a judge who determined which party was at fault in a divorce and who would be awarded the rights in a custody dispute. Now, many family courts are opting for a “problem-solving” model in which courts attempt to resolve both legal and non-legal issues. At the same time, American families have changed dramatically. Divorce rates have leveled off and begun to drop, while the number of children born and raised outside of marriage has increased sharply. Fathers are more likely to seek an active role in their children’s lives. While this enhanced paternal involvement benefits children, it also increases the likelihood of disputes between parents. As a result, the families who seek legal dispute resolution have become more diverse and their legal situations more complex. In Divorced from Reality, Jane C. Murphy and Jana B. Singer argue that the current "problem solving" model fails to address the realities of today's families. The authors suggest that while today’s dispute resolution regime may represent an improvement over its more adversary predecessor, it is built largely around the model of a divorcing nuclear family with lawyers representing all parties—a model that fits poorly with the realities of today's disputing families. To serve the families it is meant to help, the legal system must adapt and reshape itself.




No Way to Treat a Child


Book Description

Kids in danger are treated instrumentally to promote the rehabilitation of their parents, the welfare of their communities, and the social justice of their race and tribe—all with the inevitable result that their most precious developmental years are lost in bureaucratic and judicial red tape. It is time to stop letting efforts to fix the child welfare system get derailed by activists who are concerned with race-matching, blood ties, and the abstract demands of social justice, and start asking the most important question: Where are the emotionally and financially stable, loving, and permanent homes where these kids can thrive? “Naomi Riley’s book reveals the extent to which abused and abandoned children are often injured by their government rescuers. It is a must-read for those seeking solutions to this national crisis.” —Robert L. Woodson, Sr., civil rights leader and president of the Woodson Center “Everyone interested in child welfare should grapple with Naomi Riley’s powerful evidence that the current system ill-serves the safety and well-being of vulnerable kids.” —Walter Olson, senior fellow, Cato Institute, Robert A. Levy Center for Constitutional Studies