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State of the Art - Family Court (From Improvement of the Administration of Justice, P 235-244, 1981, Fannie J Klein, ed. - See NCJ-93134)

NCJ Number
93144
Author(s)
J J Delaney
Date Published
1981
Length
10 pages
Annotation
Family court should be a person-oriented forum for resolving the legal conflicts of family members, but in fact family law and the family court occupy a low priority in the legal system.
Abstract
The family court should make the law work for people rather then merely fitting family problems into a preconceived legal framework. Its main goal should be the preservation and strengthening of the American family. A second objective should be the resolution of family conflict in the least adversarial way. Its jurisdiction should include marital problems, children's problems, guardianship, mental health commitments, the authorization of under-age marriage, and emancipation of women. The court should not have jurisdiction over any adult criminal offenses or traffic offenses. The court should contain two units: a juvenile court and a domestic relations court. The family court judge should be supported by professional and technical services which are available as part of the staff or on contract. The court's procedures must operate taking into account that most family cases require ongoing review and monitoring. Unfortunately, family courts are understaffed and overworked, with little relief available. Unless priorities are changed, the family court cannot realize its true potential. An annotated bibliography lists 15 references.

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