From Helping Court to Community‐Based Services: The 30‐Year Evolution of Australia's Family Relationship Centres

As a centrepiece of Australia's 2006 family law reforms, the community‐based Family Relationship Centres (FRCs) represented a major development in the Government's commitment to incorporate family relationship services into its family law system. This paper sees FRCs as a logical development of the original conceptualising the Family Court of Australia as a “helping court”. The paper suggests that the aspiration to create a helping court was partially achieved in 1976 via the creation of an in‐house family court counselling service, which was primarily focused not on law and legal principles, but on supporting the ways in which family members were managing the task of redefining relationships. While generally valued by judges and others, this service nonetheless found itself in tension with the Family Court's continued primary commitment to legally informed and adversarially driven negotiation and decision‐making processes. Since 2006, the creation of FRCs has spearheaded a family law system that provides relationship‐focused interventions away from the courts as the default option for most parenting disputes. Consistent with this aim, there is evidence of a diminished percentage of cases now requiring judicial intervention. The 2006 legislation also provides for courts to conduct “less adversarial trials.” Paradoxically, this has occurred alongside unequivocal evidence from the Australian Institute of Family Studies’ evaluation data that judicial officers are dealing mainly with families displaying seriously dysfunctional attitudes and behaviours. The legal challenge in dealing with these cases is for courts to provide child focused, fair and non‐destructive internal processes. In addition, however, it is increasingly clear that to support and help facilitate their decisions, courts also need good working relationships with FRCs and other community based services. FRCs and the 2006 reforms offer the possibility of moving beyond the ideal of a “helping court” to the broader concept of helping family law system.     

Family Relationship Centres: partnerships with Legal Assistance Services

In June 2009, the Commonwealth Attorney General in Australia announced a Family Relationship Centres/ Legal Assistance Partnerships Program, (the “Better Partnerships” program). Its aim was to assist separated or separating families, “by providing access to early and targeted legal information and advice when attending Family Relationship Centres” (McClelland, 2009). After contextualizing this significant shift in policy and practice, the present paper reports on largely positive key results of an evaluation of the program by the Australian Institute of Family Studies. The paper concludes with reflections on future challenges and possibilities regarding ongoing collaboration between Australia's legal and family relationship sectors.     

Evaluating the work of Australia's Family Relationship Centres: Evidence from the first 5 years

Family Relationship Centres (FRCs) have been described as a centerpiece of Australia's 2006 family law reforms. This paper places these centres in the larger context of the reforms and their commitment to providing community‐based family services in the family law area. The paper also examines the empirical evidence regarding FRCs' use and effectiveness. It notes that while the objectives and intentions of FRCs place considerable emphasis on strengthening family relationships and assisting families to stay together, the centres themselves have only a modest level of direct involvement with intact families. FRCs tend to have strong links with other community‐based family services, many of whom are more engaged with intact families; but it is difficult to gauge their effectiveness in this area. Most FRCs' direct services are aimed at separating families and most of that work involves family dispute resolution (family mediation) and associated services such as screening and assessment and the provision of relevant information. A substantial majority of clients who attend FDR at an FRC reach agreement about their parenting arrangements either at FDR or subsequent to attending FDR. These agreements also tend to hold up in the medium term. A majority of parents believe that at FDR, the child(ren)'s needs were taken into account; the parenting agreement worked for the child(ren); and the parenting agreement worked for them. A substantial proportion of FRC clients come from families that have experienced family violence or other dysfunctional behaviours, and such behaviours reduce the chances of resolving parenting disputes. The paper concludes by suggesting that having been created mainly as a default alternative to legal interventions and court processes, it is likely that a major future strength of FRCs will lie in their emerging capacity to work constructively not only with other relationship services and networks, but with family lawyers and the courts.     

The Obligations and Expectations of Couples Within Families: Three Modes of Interaction

What kinds of family structures emerge after a couple relationship is formed? How are obligations perceived towards the family of origin and the family of the partner? How are obligations perceived towards the older generation and towards children? How are conflicts of interest approached or resolved? How are the obligations arising from these personal relationships affected by gender, ethnicity, culture and religion? This paper reports some findings from a qualitative study of 39 men and women aged 25–40 which investigates the social context for the legal regulation of couple relationships; whether marriage, cohabitation or civil partnerships.     

论分家习惯与家的整体性——对滋贺秀三《中国家族法原理》的批评

滋贺秀三的《中国家族法原理》,在关于中国古代分家、遗嘱、赠与等财产习惯方面存在着不少误解,这导致他形成了中国家父享有家产所有权的观点。今天,当更多的文书资料特别是徽州文书得以整理面世后,对滋贺秀三著作中存在的问题,似乎有可能提出质疑和讨论了。实际上,中国家长从属于作为整体性的“家”。因为在近代法制转型之前,家产尚未完全分离为个人财产,家长可以管理和增益家产,却不能随意处分。因此,以分家习惯为主线索,围绕滋贺秀三的著作,结合其它财产习惯,对近代中国法制转型之前的家产制进行一个尝试性的探讨颇有必要。     

Children Resisting Contact with a Parent Due to Abuse,Alienation, or Other Causes: Can a Proactive Role for Lawyers Contribute to Better Outcomes?

Lawyers have a significant role to play in cases where children are resisting contact with a parent, or the family appears to be going down that path, in the context of parental alienation, family violence or other factors. These cases pose great challenges for lawyers dealing with parents, as their clients are often anxiety‐ridden, angry, scared, and may have difficulty focussing on the long‐term interests of their children or themselves. A lawyer may be one of the first professionals encountered by the parents; lawyers for parents are advocates, but they are also in a position to provide wise counsel, to help triage the situation, provide practical advice, and early, helpful solutions. This article sets out practical suggestions for lawyers acting for parents. What can and should lawyers do to ensure they are part of the solution, not part of the problem? Lawyers need to be able to identify the potential problems and provide practical help to the family – whether they are acting for the “preferred” parent, the “rejected” parent, or the involved children.     

Understanding Pathways to Family Dispute Resolution and Justice Reforms: Ontario Court File Analysis & Survey of Professionals

This article reports on two related studies about varying pathways to the resolution of family disputes and the effects of family justice reforms in Ontario: a survey of family court professionals (n = 118) and an analysis of 1,000 closed court files of family cases involving children. Both studies reveal that the vast majority of cases are resolved without a trial, often by negotiation. While professionals generally support family justice reform initiatives, there remain significant gaps in the implementation of these strategies. For example, many litigants do not attend information programs despite the requirement for mandatory attendance; there is limited use of mediation; the views of children are being sought in only a small number of cases; and there is a large proportion of self‐represented family litigants. Despite the increase in shared care and joint decision‐making arrangements, a majority of cases in the court file study were sole custody arrangements to the mother, whether the case was settled or resolved by trial. Mediation was associated with greater time of contact with the non–primary residential parent (usually the father).     

Effects of Perpetrator and Victim Gender on Negative Outcomes of Family Violence

Growing up in a violent home predisposes children to a host of behavioral and emotional difficulties. This study examined whether perpetrator and victim gender have an impact on depressive symptoms and aggressive behavior for victims of child physical abuse (CPA) and also with regard to witnessing interparental violence (IPV). This study also examined whether witnessing siblings being abused would elicit high levels of depressive symptoms and aggressive behavior. College students (n = 675) were assessed for both exposure to IPV and child physical abuse prior to age 18. Participants completed measures of depression and aggression. With regard to victims of CPA, participants victimized by both parents and those victimized by mothers only had significantly higher levels of aggression. For depressive symptoms, females having both parents as perpetrators or fathers only had significantly higher depressive symptoms. With regard to witnessing IPV, being abused by both parents was associated with endorsement of more aggression and depressive symptoms. With regard to witnessing sibling violence, the results were similar to those found for victims of CPA.

A Path Analysis on Elder Abuse by Family Caregivers: Applying the ABCX Model

The purpose of this study was to investigate Hill’s ABCX model as an explanation for the caregiving stress process to elder abuse. However, due to ethical concerns on elder abuse studies, caregivers’ impulsive feelings to commit elder abuse were employed as an index to address elder abuse. The sample included 279 family caregivers for older adults with physical or cognitive impairments in South Korea. A path analysis was conducted to test the ABCX model. The results of path analysis did not statistically support the ABCX model as an explanation for caregivers’ impulsive feelings to commit elder abuse. Based on the findings of this study, the revised ABCX model was suggested for practitioners and researchers to better understand caregiving stress process to impulses of elder abuse.     

Resilience in Sexually Abused Women: Risk and Protective Factors

The goal of this study was to evaluate the contribution of family characteristics (family conflict and cohesion) and abuse characteristics (age at which abuse occurred, abuse severity, and relationship to perpetrator) to resilience (self-acceptance, ability to engage in positive relationships with others, and environmental mastery) in a sample of one hundred and 77 university women who had experienced childhood sexual abuse (CSA). The respondents completed a questionnaire that focused on childhood experiences including family environment in childhood, characteristics of the abuse they had experienced in addition to degree of current resilience defined as their level of well-being (self-acceptance, ability to engage in positive relationships with others, and environmental mastery). The results indicated that family characteristics accounted for 13–22% of the variance in the well-being outcomes. In contrast, abuse characteristics accounted for 3% or less of the variance in the well-being outcomes. The clinical implications of these findings are discussed.     

Migration of rural families in 19th century southern Sweden. A longitudinal analysis of local migration patterns

Most research on historical migration patterns has focused on more long-range migration processes such as rural–urban, interregional, or intercontinental flows, neglecting the more local migration patterns, which could also have a profound impact on the rural preindustrial economy. This article analyzes the migration of rural families in 19th century southern Sweden using a longitudinal data set at the microlevel. The analysis shows a rather high mobility of families, the overwhelming majority of whom migrated very short distances. Factors determining the migration decision of these families included access to land and social networks and family composition as well as family type. The results clearly show that migration was an important part of the lives of preindustrial families and that the new migration pattern emerging in the second half of the 19th century, when rural–urban as well as international migration increased considerably, was not so much the result of higher mobility in general but rather a response to changing incentives making long distance migration more attractive.     

Animal Abuse, Family Violence, and Child Wellbeing: A Review

Animal abuse and family violence appear to be “linked” and tend to co-occur in the same households. Companion animals are often regarded as family members, if not by the abuser, then by others within the family. Consequently, in families where any given form of violence exists, animal abuse is also more likely to exist. This paper examines animal abuse in the context of abusive home environments, and the relationship between an abusive home in childhood and the range of behavioral problems that may extend into adulthood. Existing investigations are reviewed with reference to prevalence, epidemiology, and child development theory. It appears that holistic interventions to counter abusive home environments may represent the most effective way to break the association between animal cruelty and interpersonal violence, by addressing the shared situational characteristics common to a range of violent behaviors.

Families and family structure in a Neo-Hellenic city: Hermoupolis in the mid-19th century

This article begins with the creation and development of the city of Hermoupolis and stresses its prominent economic role during the 19th century in the Greek state. It points out the problems of the official censuses and emphasizes the importance of the original source of the 1861 census of Hermoupolis, which was found in the city's municipal archives. It analyzes this source and offers some working hypotheses about the structure of households (where the dominant type is the simple family), the frequency of domestic servants, the wide spectrum of occupations, the origin of inhabitants, and social mobility based on 501 households (17%) representing 1901 individuals (17.52%) of the total for which we have information.     

Families,frontiers and the new imperial history

One of the more recent developments in historiography has been the emergence of 'new imperial history'. The articles within this special edition of the History of the Family offer examples of how some historians have dealt with the histories of both empires and families.     

The State of the Art of Child Hearings in Germany. Results of a Nationwide Representative Study in German Courts

According to German family law, in family court proceedings that deal with custody or access rights, family judges are obligated to personally hear the child if the feelings, ties, or will of the child are significant for the decision. In a research study commissioned by the Federal Ministry of Justice, a nationwide representative survey of all judges compiled their personal information and their attitudes and expectations as well as various parameters regarding the concrete practice of hearing children. Also, with a very complex methodological design, over 50 children and their parents were studied one week in advance of the hearing, directly before and after the hearing, and four weeks following the hearing. The results of the study are presented, particularly those pertaining to the burden and relief for the children and the expectations of judges. The practical experiences of family judges in personally hearing children are included as well.     

The New Zealand Family Group Conference Confidentiality Protections: Lessons Learned and an Application in U.S. Child Welfare Systems

With the adoption of statutes, policies and administrative guidance since the late 1980s, statutory child welfare agencies around the world have been implementing practice approaches to resolving and addressing child abuse and neglect concerns that involve extended family systems in decision making and planning. One such approach is the family group conference (FGC), enshrined in New Zealand law. This article provides a historical context and describes numerous provisions of the family group conference that protect participants and the proceedings. It then describes applications of FGC‐like approaches in the United States where practice models and policies—not laws—guide the implementation of such approaches.     

A Paradigm Shift in the Practice of Family Law: A Response to Mosten and Traum

In their article, Interdisciplinary Teamwork in Family Law Practice, Mosten and Traum promote the use of an interdisciplinary, team‐based approach to family law practice. This commentary focuses on the two pronged shift in the current zeitgeist of family law practice. First, Mosten and Traum guide us away from an historically adversarial approach to family law practice, in which attorneys advocate for the legal rights of a single client, to a more holistic approach in which the focus is on the Family Global Case. Furthermore, the push toward Family Global Case shifts the focus away from discrete legal issues associated with reorganization to empowering families to self‐determine through their reorganization. This shift follows the movement in both medicine and mental health away from direct intervention for people with disorders to promoting wellness for at‐risk yet healthy individuals. The second prong of Mosten and Traum's approach is a movement toward more collaborative interdisciplinary functioning. However, the shift in the practice of family law from the sole practitioner working alone to being one member of a broader multidisciplinary team focusing on the future well‐being of the family brings with it not only issues of professional role definitions but also the development of a new combined set of ethics and models for training. These are discussed in detail.     

Choices and constraints in the migration of families: The central Netherlands, 1850–1940

This study investigates the lives of the women and children who accompanied the soldiers to the British garrison at Gibraltar during the last decades of the 19th century. Marriage in the army was controversial, and officials were divided on the subject: some saw the benefits of married life and realized the large amount of unpaid labor contributed by the women of the regiments; others believed that marriage was the “serious evil of marching regiments.” This study uses a military census taken in 1878 to analyze the age and sex structure of the military population at Gibraltar. Its structure is distinctive with no elderly individuals and few children in their teens. This pattern was the result of army directives, such as those governing the age of dependents and controlling marriage among the troops.