Family Court Review: a selected bibliography

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Family Court Review:
a selected bibliography

Prepared by the New Zealand Family Violence Clearinghouse,
The University of Auckland, November 2011

Background

The New Zealand Family Violence Clearinghouse has compiled this selected bibliography to assist those wishing to make submissions on the Family Court Review. Submissions closed on 29 February 2012.

The Family Court Review: public consultation paper (which contains the terms of reference and a bibliography) is still available, for information only.

The list of references provided below relates to the role of, and current practice in the Family Court in New Zealand and other countries.

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For more information, please contact the Information Specialist

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Family Court Review: a selected bibliography (PDF, 85 KB)


Contents

Introduction
History
Commentary
Research
Overseas – Principles and Practice
United Kingdom
Australia
United States
Further Reading

Introduction

Resources included in this bibliography were identified by searching the NZFVC library, bibliographic databases and the Internet. The NZFVC’s Academic Advisory Committee also assisted with identifying relevant sources.  The Families Commission has also prepared a list of material related to the Family Court Review. This is listed in Further Reading.

Links to full text or abstracts is provided where available. Other items should be obtained through your local library.

History

Articles and reports in this section provide an insight into the rationale for the establishment of the Family Court in New Zealand and describe how it has evolved over the last 30 years. These are presented in chronological order.

Beattie, D.S., Kawharu, I.H., King, R.M., Murray, J.H. (1978). Report of the Royal Commission on the Courts. Wellington: Government Printer. 

Sturm, D. (2001). Family Court turns 20. The Family Advocate, 4(4); 14-15.

Law Commission.  (2002). Family court dispute resolution: a discussion paper. (Preliminary paper, 47). Wellington: Law Commission.
Read online

Law Commission. (2003). Dispute resolution in the Family Court (Report 82). Wellington: Law Commission. Read online

Taylor, N.J. (2006). Establishment of the New Zealand Family Court. New Zealand Law Journal, September 169 – 180.

Boshier, P. (2006). The Family Court 25 years on. Speech to the Family Law Section – New Zealand Law Society (13 October 2006).
Read online

Kazmierow, M. (2011). Family Court – 30 years (1981-2011). New Zealand Lawyer Online, 160.  Read online 

Boshier, P., Taylor, N., Seymour, F. (2011). Early intervention in New Zealand family court cases. Family Court Review, 49(4): 818-830.

Commentary

This section includes published commentaries of the functioning of the family court.

Boshier,P. (2011). Government review of the Family Court – some room for change. New Zealand Family Law Journal, 7: 53.

Boshier, P. (2011). Family law: family violence, Family Matters, 88:27-30.
Read online

Caldwell, J. (2010). Family proceedings concerning children: the nature of natural justice. Otago Law Review, 12(2): 345-368.

Davis, W. (2004). Gender bias, fathers’ rights, domestic violence and the Family Court. Butterworths Family Law Journal, 4(12): 299.

 

Research

This section includes research on how the current Family Court system (including the Family Violence courts) operates in New Zealand, with the emphasis on how this may impact on victims of family violence.

Coombes, L, Morgan, M., McGray, S. (2007). Counting on protection: a statistical description of the Waitakere Family Violence Court.  Palmerston North: Massey University.
Read online

Elizabeth, V., Gavey, N., Tolmie, J. (2010). Between a rock and a hard place: resident mothers and the moral dilemmas they face during custody disputes. Feminist Legal Studies, 18(3): 253-274.
Access abstract online

Elizabeth, Vivienne (2010). Turning mothers into villains. Feminist Media Studies, 10(1): 51-67.
Access abstract online

Knaggs, T. & Harland, A. (2009). The Parenting Hearings Programme pilot: evaluation report. Wellington: Ministry of Justice.
Read online

Morgan, M. et al. (2007). Accounting for safety: a sample of women victims’ experiences of safety through the Waitakere Family Violence Court. Palmerston North: Massey University.
Read online

Morgan, M., Coombes, L., McGray, S. (2007). An evaluation of the Waitakere Family Violence Court protocols. Palmerston North:  Massey University & WAVES.
Read online

Protecting victims rebuilding lives sending the right message: a discussion paper written by survivors of domestic violence. (2010). Upper Hutt: It’s Still Not OK. See 4.1 Justice, p.27-28. Read online

Taylor, N.J. (2006). Care of children: families, dispute resolution and the Family Court. Ph.D Thesis, Dunedin: University of Otago.
Read online

Tolmie, J., Elizabeth, V., Gavey, N. (2010) Is 50:50 shared care a desirable norm following family separation? Raising questions about current family law practices in New Zealand.  New Zealand Universities Law Review, 24(1): 136 -

Tolmie, J., Elizabeth, V., Gavey, N. (2009). Raising questions about the importance of family contact within current family law practices. New Zealand Law Review, 659-694.

Robertson, N. (2007). Living at the cutting edge: women’s experiences of protection orders. Hamilton: University of Waikato.
Read online

Zondag, B. (2009). Procedural innovation in the New Zealand Family Courts: the Parenting Hearings Programme.  Ph.D. Thesis. Auckland: The University of Auckland.
Read online

 

Overseas - Principles and Practice

This section includes examples of reviews and practice guidelines from other countries.

United Kingdom

Family Justice Review Panel. (2011). Family Justice Review, final report. London: Ministry of Justice.
Read online

Justice Select Committee. (2011). Sixth report. Operation of the Family Courts. United Kingdom. Parliament. Read online

Australia

Family Court of Australia. (2011). Family violence best principles. Canberra: Family Court of Australia.  Read online

Rhoades, H. (2010). The Family Court of Australia: examining Australia’s first therapeutic jurisdiction. Journal of Judicial Administration, 20: 67-80.

Faulks, J. (2010). A natural selection?  The potential and possibility for the development of less adversarial trials by reference to the experience of the Family Court of Australia. West Australia Law Review, 35: 185-196.

Kaspiew, R. Et al. (2009). The AIFS evaluation of the 2006 family law reforms: a summary. Family Matters, 86: 10-18.
Read abstract online

United States

Bancroft, L. (2002).  The abusive man and the legal system (Chapter 12, pp. 291-314) in Why does he do that? Inside the minds of angry and controlling men. New York: Berkley Press. 

King, M., Batagol, B. (2010). Enforcer, manager or leader? The judicial role in family violence courts. International Journal of Law and Society, 33: 406-416.
Read abstract online  

Special Issue on the Unified Family Courts. (2008). Family Court Review, 46(2)
The theme of this issue is Unified Family Courts (UFC). It grows out of the Second Summit on Unified Family Courts organized by the American Bar Association (ABA) and the University of Baltimore School of Law's Center for Families, Children and the Courts (CFCC) in May 2007 (Second ABA/CFCC Summit), a conference in which many AFCC members participated.

Table of contents

Shepard, A. “The white flame of progress” Editorial. pp.217-223.
Read abstract online

Babb, B.A. & Danziger, G. Introduction to special issue on Unified Family Courts. Pp.224-226.
Read abstract online

Mathis, K.J. Summit on Unified Family Courts; serving children and families efficiently, effectively and responsibly. pp.227-229.
Read abstract online 

Babb, B.A.  Evaluating where we stand: a comprehensive survey of America’s family justice system. pp.230-257.
Read abstract online 

Spinak, J.M. Romancing the court. pp. 258-274.
Read abstract online

Young, D.W. Journey from success to significance. pp. 275-278.
Read abstract online

Kessler, R.M. A practitioner’s perspective on the Unified Family Courts; case notes. pp. 279-281.
Read abstract online

Sandler, I. et al. Effects of father and mother parenting on children’s mental health in high- and low-conflict divorces. Pp.  282-296.
Read abstract online

Kreeger, J.L. Family Court improvement and the art of grantsmanship: a Judge’s perspective. Pp. 331-339.
httpRead abstract online

Greacen, J.M. Confidentiality, due process and judicial disqualification in the Unified Family Court: report to the Honorable Stephanie Domitrovich. pp.340-346.
Read abstract online

Further Reading

Australian Domestic and Family Violence Clearinghouse (2010). Special collections: Domestic violence and family law.  Sydney: The Clearinghouse.
Read online

Families Commission. (2011). Family Court Review. Wellington: Families Commission.
Read online

More information

For more information about this bibliography contact us.