Justice and Welfare in Family Law: moving towards separation or symbiosis?

JUSTICE AND WELFARE IN FAMILY LAW: are we moving from Separation to Symbiosis?

The Family Law and Policy RCSL CLP subgroup’s contribution to the Sociology of Law has for many years focussed on exploring the changing relationship between family law and family policy in society as family law developed from religious and ethical codes of behaviour into an instrument of social policy, seeking not only to regulate but to support the family as an institution able to protect and nurture its members. We have published several volumes in the Oñati International Series with Hart Bloomsbury on the legislative process, the impact of changing political and family values, and response to diversity ,as well as studies of specific issues including parenting after separation ,and the broader difficulties associated with delivering family justice in times of austerity And as debates about the value of out of court dispute resolution developed our latest book addressed the fundamental question of what is a family court for?

This last question led us to examine in our most recent Workshop in 2022 the question of how the court can support those who lack legal capacity (see Access to Justice and Legal Capacity in press) and also to become more aware of the role of Welfare in a Family Justice system. Family Law is of course concerned with application of legal rules, and apportioning blame and penalties. But it is now becoming increasingly concerned with promoting the welfare of individuals as members of family groups, and looking not only at their rights but at their needs.

We hope now to look more closely at the relationship between Justice and Welfare in family law in the jurisdictions to be represented at the proposed workshop which include Spain, Germany, France, Turkey, Netherlands,Bulgaria, England and Wales ,Argentina and Australia. It is hoped that the development of out of court decision making could help to reduce stress for some families involved in a dispute. And the presence of non legal professionals associated with a court has increased the range and effectiveness of non legal support for those in dispute. But above all there is a change of overall focus and emphasis from law enforcement to support and welfare.