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Family law : processes, practices, and pressures : proceedings of the Tenth World Conference of the International Society of Family Law, July 2000, Brisbane, Australia Dewar, John; Parker, Stephen (Eds)

Contributor(s): Material type: TextTextAnalytics: Show analyticsPublication details: Portland, Or. Hart Publishing 2003Description: vii, 596 pISBN:
  • 1841133086
Subject(s): Summary: This book comprises a collection of papers from the Tenth World Conference of the International Society of Family Law, held in July 2000 in Brisbane, Australia. The papers presented explore the complexities of the family law environment and canvass the processes, practices, and pressures, as they relate to family law. In chapter 8, "Suing Child Welfare Agencies: A Comparative View from New Zealand", Bill Atkin and Geoff McLay examine some of the factors that might be present in the judicial mix in trying to work through an appropriate liability regime for social welfare agencies. It examines the conflicting aspects of case law from both the English and New Zealand jurisdictions. A number of suggestions are made concerning the difficult issue of providing compensation to those adversely, but wrongly, affected by social workers' decisions and the equal need to prevent litigation from overwhelming the primacy of child protection. In chapter 14, "Agents or Dependants: Children and the Family Law System", Pauline Tapp, Nicola Taylor and Mark Henaghan discuss the findings of a comprehensive review of 829 New Zealand family law judgments for the years 1990, 1994 and 1998. The project examined trends in judicial decision-making concerning the perception of children in the judicial system. Judgments from the Family Court, High Court and Court of Appeal are included. The judgments were in reference to a number of family law areas, including custody, access, care and protection, abduction and wrongful removal of children, violence, and child support.
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This book comprises a collection of papers from the Tenth World Conference of the International Society of Family Law, held in July 2000 in Brisbane, Australia. The papers presented explore the complexities of the family law environment and canvass the processes, practices, and pressures, as they relate to family law. In chapter 8, "Suing Child Welfare Agencies: A Comparative View from New Zealand", Bill Atkin and Geoff McLay examine some of the factors that might be present in the judicial mix in trying to work through an appropriate liability regime for social welfare agencies. It examines the conflicting aspects of case law from both the English and New Zealand jurisdictions. A number of suggestions are made concerning the difficult issue of providing compensation to those adversely, but wrongly, affected by social workers' decisions and the equal need to prevent litigation from overwhelming the primacy of child protection. In chapter 14, "Agents or Dependants: Children and the Family Law System", Pauline Tapp, Nicola Taylor and Mark Henaghan discuss the findings of a comprehensive review of 829 New Zealand family law judgments for the years 1990, 1994 and 1998. The project examined trends in judicial decision-making concerning the perception of children in the judicial system. Judgments from the Family Court, High Court and Court of Appeal are included. The judgments were in reference to a number of family law areas, including custody, access, care and protection, abduction and wrongful removal of children, violence, and child support.

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