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Back to the future: The Family Law Amendment Act 2023 (Cth) Journal of Social Welfare and Family Law Pub Date : 2024-03-11 Belinda Fehlberg, Richard Ingleby
Published in Journal of Social Welfare and Family Law (Vol. 46, No. 1, 2024)
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The greenshoots of a human rights ombudsprudence in the Local Government and Social Care Ombudsman (LGSCO) Journal of Social Welfare and Family Law Pub Date : 2024-03-11 Lee Marsons
Published in Journal of Social Welfare and Family Law (Vol. 46, No. 1, 2024)
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Court of appeal decides the secretary of state is wrong, wrong, wrong: the charter applies to people with pre-settled status Journal of Social Welfare and Family Law Pub Date : 2024-03-08 Charlotte O’Brien, Alice Welsh
Published in Journal of Social Welfare and Family Law (Vol. 46, No. 1, 2024)
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Editorial with news from Australia Journal of Social Welfare and Family Law Pub Date : 2024-02-19 Mavis Maclean
Published in Journal of Social Welfare and Family Law (Vol. 46, No. 1, 2024)
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Lawyers’ encounter with parents subjected to elder abuse by their adult offspring with mental disorders Journal of Social Welfare and Family Law Pub Date : 2024-01-31 Michael (Mickey) Schindler, Sara Alon
One in six older adults in the world is subjected to abuse (WHO 2022). In Israel, a national survey indicated an 18.4% prevalence of elder abuse. Older parents of an offspring with mental disorder ...
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Assessing the availability of legal support through the ‘Help with family Mediation’ legal aid scheme Journal of Social Welfare and Family Law Pub Date : 2024-01-27 Rachael Blakey
The accessibility of legal support for private family matters has been devastated by decades of reform. At the time of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, legal advice s...
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State obligation to recognise and protect same-sex relationships Journal of Social Welfare and Family Law Pub Date : 2024-01-27 Donna L. Crowe-Urbaniak
Published in Journal of Social Welfare and Family Law (Vol. 46, No. 1, 2024)
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The Legal Recognition of Same-Sex Relationships. Emerging Families in Ireland and Beyond Journal of Social Welfare and Family Law Pub Date : 2024-01-22 Oliver Gilman
Published in Journal of Social Welfare and Family Law (Vol. 46, No. 1, 2024)
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Do we need physical family courts? Journal of Social Welfare and Family Law Pub Date : 2024-01-21 Rob George, Rob Marsh
The family court responded to the COVID-19 pandemic by rapidly transitioning to remote hearings. Almost four years later, remote hearings remain common, although the clear direction of travel, espe...
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Family law in action: divorce and inequality in quebec and France Journal of Social Welfare and Family Law Pub Date : 2024-01-16 Belinda Fehlberg
Published in Journal of Social Welfare and Family Law (Vol. 46, No. 1, 2024)
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Administrative law values, homelessness and mandatory orders Journal of Social Welfare and Family Law Pub Date : 2024-01-12 Paul Daly
Published in Journal of Social Welfare and Family Law (Vol. 46, No. 1, 2024)
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‘Swim, swim and die at the beach’: family court and perpetrator induced trauma (CPIT) experiences of mothers in Brazil Journal of Social Welfare and Family Law Pub Date : 2023-12-14 E. Dalgarno, E. Katz, S. Ayeb-Karlsson, A. Barnett, P. Motosi, A. Verma
Gender-based violence (GBV) and Domestic Violence (DV) are prevalent in Brazil. There are growing concerns globally regarding the weaponisation of the pseudo-concept ‘Parental Alienation’ (PA) in t...
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“Catastrophic”: A qualitative exploration of survivors experiences of expert instruction in private law child arrangements proceedings Journal of Social Welfare and Family Law Pub Date : 2023-12-05 Rachael Grey
This article explores the lived experiences of female survivors of domestic abuse when an expert had been instructed in private law family court proceedings in England and Wales. It considered surv...
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Editorial Journal of Social Welfare and Family Law Pub Date : 2023-12-05 Emma Hitchings
Published in Journal of Social Welfare and Family Law (Vol. 45, No. 4, 2023)
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Non-qualifying ceremonies: resolving the unsettled jurisprudence? Journal of Social Welfare and Family Law Pub Date : 2023-12-05 Muhammad Zubair Abbasi
Published in Journal of Social Welfare and Family Law (Vol. 45, No. 4, 2023)
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Multi-disciplinary support for families with complex needs and children on the edge of care in the UK: a mixed methods evaluation Journal of Social Welfare and Family Law Pub Date : 2023-12-05 Vanessa Baxter, Victoria Boydell, Susan McPherson
Families on the ‘edge of care’ face complex intersecting issues that can work against positive changes and lead to the re-involvement of social care. A multi-disciplinary service working alongside ...
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Gender equality or employment promotion? The politicization of parental leave policy in Finland Journal of Social Welfare and Family Law Pub Date : 2023-12-05 Mikael Nygård, Josefine Nyby, Mikko Kuisma
In 2022, a new parental leave system with equal leave rights for parents saw daylight in Finland. The road towards this reform was not entirely uncontroversial, and one stumbling block was differen...
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Death, social reform and the scrutiny of social welfare provision: the role of the contemporary inquest Journal of Social Welfare and Family Law Pub Date : 2023-12-05 Edward Kirton-Darling
Suggesting there is an emerging and important focus on social welfare in inquests into death, this article argues that there is value for both social welfare and inquest scholarship in examination ...
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The influence of the bereaved in the scope of the contemporary inquest Journal of Social Welfare and Family Law Pub Date : 2023-12-05 Rebecca Khan
Published in Journal of Social Welfare and Family Law (Vol. 45, No. 4, 2023)
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Off the menu? Should care orders at home only be made in exceptionally rare circumstances? Journal of Social Welfare and Family Law Pub Date : 2023-12-05 Judith Masson
Published in Journal of Social Welfare and Family Law (Vol. 45, No. 4, 2023)
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The voices of children in family proceedings: instructing solicitors and meeting with judges Journal of Social Welfare and Family Law Pub Date : 2023-12-05 Ming Ren Tan
Published in Journal of Social Welfare and Family Law (Vol. 45, No. 4, 2023)
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Revoking parental responsibility – or not Journal of Social Welfare and Family Law Pub Date : 2023-12-05 Rob George
Published in Journal of Social Welfare and Family Law (Vol. 45, No. 4, 2023)
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Research handbook on family justice systems Journal of Social Welfare and Family Law Pub Date : 2023-12-05 Jane Becker
Published in Journal of Social Welfare and Family Law (Vol. 45, No. 4, 2023)
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Domestic abuse and child contact in Scotland: the perspectives of family law practitioners Journal of Social Welfare and Family Law Pub Date : 2023-11-08 Michele Burman, Ruth Friskney, Jane Mair, Richard Whitecross
It is now well-established that children are adversely affected by domestic abuse, and that domestic abuse does not always cease following parental separation. However, the issue of post-separation...
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Ombudsman, Tribunals and Administrative Justice in the Journal of Social Welfare and Family Law Journal of Social Welfare and Family Law Pub Date : 2023-09-06 Lee Marsons
ABSTRACT This editorial introduces the new editor of the Journal’s Ombudsman, Tribunals and Administrative Justice section; highlights the editorial team’s four strategic priorities for the section; and identifies four research priorities which the editorial team wishes to promote. For strategic priorities, the first is developing ‘applied administrative justice’ scholarship consciously directed at
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Whose procedural fairness? Journal of Social Welfare and Family Law Pub Date : 2023-08-17 Joe Tomlinson, Eleana Kasoulide, Jed Meers, Simon Halliday
Thought on procedural fairness in administrative justice has traditionally focused on the relationship between public decision-makers and the person or group formally subject to the decision-making...
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Mother today, stranger tomorrow? Journal of Social Welfare and Family Law Pub Date : 2023-08-14 Zaina Mahmoud
Published in Journal of Social Welfare and Family Law (Vol. 45, No. 3, 2023)
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Public inquiries: irreconcilable interests and the importance of managing expectations Journal of Social Welfare and Family Law Pub Date : 2023-08-13 Emma Ireton
Public inquiries address serious matters of public concern, including those affecting the most vulnerable and marginalised in society. There are ongoing, heated debates about how inquiries should b...
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Editorial Journal of Social Welfare and Family Law Pub Date : 2023-08-09 Mavis Maclean
Published in Journal of Social Welfare and Family Law (Vol. 45, No. 3, 2023)
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Smoke and mirrors? Regulation 12 and access to legal aid for victims of domestic abuse Journal of Social Welfare and Family Law Pub Date : 2023-08-07 Kayliegh Richardson, Ana Kate Speed
Since the Legal Aid, Sentencing and Punishment of Offenders Act 2012 was introduced the number of unrepresented victims of domestic abuse in applications for protective injunctions, has increased. ...
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Section 48 orders in the Court of Protection: undermining autonomy or an honest account of interim judging? Journal of Social Welfare and Family Law Pub Date : 2023-08-06 Jaime Lindsey
This case note considers the role of section 48 orders under the Mental Capacity Act 2005 following the decision by Mostyn J in A Local Authority v LD and RD [2023] EWHC 1258 (Fam). The case concer...
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Never say never again? Access to advance payments of universal credit for “no-NINo” claimants is ‘possible in principle’ Journal of Social Welfare and Family Law Pub Date : 2023-08-03 Michael Bates, Claire Hall, Kasper Meidell
Published in Journal of Social Welfare and Family Law (Vol. 45, No. 3, 2023)
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The marginalisation of victims of domestic abuse under the Irish Domestic Violence Act 2018 Journal of Social Welfare and Family Law Pub Date : 2023-05-27 Ella O’ Sullivan
ABSTRACT This article critiques the civil law intervention set out in the Irish Domestic Violence Act 2018 as it applies to victims of domestic violence. It evaluates the five civil orders: safety order, protection order, barring order, interim barring order and the new emergency barring order. The analysis reveals striking inequality in the legislature’s approach to providing protection to victims
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Discretion in overpayment recovery Journal of Social Welfare and Family Law Pub Date : 2023-05-25 Paul Spicker
Published in Journal of Social Welfare and Family Law (Vol. 45, No. 2, 2023)
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Risks and benefits of post-separation parenting apps: perceptions of family law professionals in Australia and New Zealand Journal of Social Welfare and Family Law Pub Date : 2023-05-14 Genevieve M. Heard, Michelle A. Irving, Bruce M. Smyth, Jason L. Payne, Glenn Althor
ABSTRACT Mobile phones have become an essential part of modern family life. Their proliferation has been accompanied by a diverse range of apps, including apps for separated parents. Family law professionals are increasingly being asked about post-separation parenting apps by clients. Yet the empirical evidence about their potential benefits and risks is sparse. The present study draws on qualitative
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Involving children and young people in research on domestic violence and housing: re-visited Journal of Social Welfare and Family Law Pub Date : 2023-05-04 Linda Arnell, Sara Thunberg
ABSTRACT Children’s and young people’s opinions and experiences are important to listen to, as they offer perspectives that adults might not be aware of otherwise. Yet children are often viewed as a vulnerable group in need of protection, with adults talking for them instead of letting them speak for themselves. Sometimes this might be the correct decision. However, it is also important to let children
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Expanding the boundaries of social welfare law Journal of Social Welfare and Family Law Pub Date : 2023-05-03 Jed Meers, Helen Carr, Edward Kirton-Darling, Maria Fernanda Salcedo Repolês
ABSTRACT ‘Social welfare law’ is suffering from a longstanding identity crisis. The field’s development in the UK is tied closely to that of this journal – its foundation in the 1970s as the ‘Journal of Social Welfare Law’ reflected a burgeoning area of research and practice. However, many of the concerns raised at the time about the meaning, scope and future direction of ‘Social welfare law’ as an
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Closing routes to universal credit for young disabled students Journal of Social Welfare and Family Law Pub Date : 2023-05-01 Rebecca Khan
Published in Journal of Social Welfare and Family Law (Vol. 45, No. 2, 2023)
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Editorial Journal of Social Welfare and Family Law Pub Date : 2023-04-27 Emma Hitchings
Published in Journal of Social Welfare and Family Law (Vol. 45, No. 2, 2023)
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Treating claimants like criminals: universal credit sanctions as punishments Journal of Social Welfare and Family Law Pub Date : 2023-04-25 Reuben Andrews
ABSTRACT The UK’s social security system has attracted much criticism for the severity, ineffectiveness and invasiveness of its sanctioning regime. Political theorists, news outlets, and welfare claimants repeatedly describe sanctions as punitive, yet most use the term ‘punishment’ in a colloquial manner, rather than treating it as a theoretically-contested concept. Instead, this article subjects the
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Hostile and inept: the government’s approach to asylum support Journal of Social Welfare and Family Law Pub Date : 2023-04-25 Katie Bales
Published in Journal of Social Welfare and Family Law (Vol. 45, No. 2, 2023)
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Social citizenship in an age of welfare regionalism. The state of the social unions Journal of Social Welfare and Family Law Pub Date : 2023-03-07 Michael Keating
Published in Journal of Social Welfare and Family Law (Ahead of Print, 2023)
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The capacity test; a lament for the ‘old order’ Journal of Social Welfare and Family Law Pub Date : 2023-03-05 Christopher Sayer, Ceri Jones, Stewart Mills, Richard Griffith
ABSTRACT Recent years have seen calls for the order of the statutory test of decision-making capacity to be reversed and extended from its existing sequencing in the Mental Capacity Act Code of Practice. The current ‘two-stage test’, involves a ‘diagnostic test’ (requiring the establishment of impaired or disturbed functioning of the mind or brain) and a ‘functional assessment’ (examining whether that
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Autoethnography: a personal reflection on the work of the family bar in the North of England Journal of Social Welfare and Family Law Pub Date : 2023-02-27 Kim Holt, Callum Thomson
ABSTRACT This study offers a personal reflection on 18 months at the Family Bar. It provides a unique perspective on a family justice system, which despite acute pressure has retained some of the most compassionate professionals who despite severe cuts to funding, and lack of resources, continue to work efficiently and effectively and with good humour, under stress. The authors are experienced practising
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Working fathers experience sex discrimination? Journal of Social Welfare and Family Law Pub Date : 2023-02-27 Manisha Mathews
ABSTRACT This paper critiques the judgment delivered by the Employment Appeal Tribunal in the case of Price v Powys County Council on 31 March 2021. The judgment determined that it does not amount to sex discrimination if a mother can receive enhanced pay on adoption leave, whilst a father can only receive statutory pay on shared parental leave. The paper will reflect upon the significance of this
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Building legal literacy in organisations that support people experiencing multiple disadvantage Journal of Social Welfare and Family Law Pub Date : 2023-02-26 Fiona McCormack, Richard Machin, Victoria Riley, Konstantinos Spyropoulos, Karen Dunn, Christopher James Gidlow
ABSTRACT We present a case study ofspecialist welfare advice and advocacy for people experiencingmultiple disadvantage (i.e. a combination of homelessness, contactwith the criminal justice system, substance misuse, mental illhealth). Drawing primarily on qualitative interviews with staff andstakeholders, we demonstrate the need for, and success of, specialistbenefits advice for this customer group
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Detrimental reliance and the family home: orthodoxy restored? Journal of Social Welfare and Family Law Pub Date : 2023-02-26 Brian Sloan
Published in Journal of Social Welfare and Family Law (Vol. 45, No. 2, 2023)
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‘[T]here are no winners here, only losers’+ Journal of Social Welfare and Family Law Pub Date : 2023-02-24 Kate de Contreras
ABSTRACT The Supreme Court recently handed down its decision in Guest v Guest [2022] UKSC 27. This was an appeal against an award in proprietary estoppel of around £1.3 million. A proprietary estoppel claim requires detrimental reliance on a promise to grant the claimant an interest in land. This generates an ‘equity’, which enables the court to fashion a remedy to cure this unconscionable situation:
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Reimagining communication and elicitation strategies in private family proceedings Journal of Social Welfare and Family Law Pub Date : 2023-02-24 Tatiana Grieshofer
ABSTRACT The article focusses on communication and discursive practices in private family proceedings with the aim of exploring procedural barriers obstructing court users from sharing their stories and having their voice heard. Drawing on survey and interview data in combination with the linguistically driven empirical method – ethnography of communication, the discussion illustrates the discrepancy
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Editorial Journal of Social Welfare and Family Law Pub Date : 2023-02-23 Mavis Maclean
Published in Journal of Social Welfare and Family Law (Ahead of Print, 2023)
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‘Reasonable living costs’, affordability of accommodation, and intentional homelessness: revisited Journal of Social Welfare and Family Law Pub Date : 2023-02-20 Carla Reeson
Published in Journal of Social Welfare and Family Law (Ahead of Print, 2023)
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Debt-by-design in social security: unlawful administration of ‘Third party deductions’ Journal of Social Welfare and Family Law Pub Date : 2023-02-19 Jed Meers, Caroline Selman
Published in Journal of Social Welfare and Family Law (Ahead of Print, 2023)
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CORRECTION Journal of Social Welfare and Family Law Pub Date : 2022-11-23
Published in Journal of Social Welfare and Family Law (Vol. 44, No. 4, 2022)
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The curious case of the vanishing fraud Journal of Social Welfare and Family Law Pub Date : 2022-11-05 Lucy Crompton
ABSTRACT This case review critiques Cohen J’s judgment in Goddard-Watts v Goddard-Watts [2022] EWHC 711 (Fam), a second rehearing of the wife’s application for financial remedies on divorce. The foundational critique is Cohen J’s minimisation of the husband’s fraudulent non-disclosure of a massive increase in the value of some shares, which had necessitated the rehearing. I argue that the judge failed
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A happy medium? Telephone hearings for litigants in person facing housing eviction Journal of Social Welfare and Family Law Pub Date : 2022-10-31 Bridgette Toy-Cronin
ABSTRACT Courts around the world moved rapidly to adopt remote hearings as the Covid-19 pandemic took hold. This accelerated a trend that pre-dated the pandemic, as governments and courts looked to remote hearings for their potential cost savings and the promise of greater accessibility. The debate about remote hearings has focused on using audio-visual technology, but audio-only hearings are widely
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Universal Credit, deductions and ‘sexually transmitted’ debt Journal of Social Welfare and Family Law Pub Date : 2022-10-31 Dr Rita Griffiths, Dr Ruth Cain
ABSTRACT Intended to simplify benefits and encourage paid employment, Universal Credit is the UK’s main working-age benefit. Assessed and paid monthly in arrears to low-income individuals and couples with and without earnings, the single monthly payment is based on entitlement, less a proportion deducted for any household earnings and/or debts. Research has highlighted the financial hardship that deductions
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Editorial Journal of Social Welfare and Family Law Pub Date : 2022-10-28 Emma Hitchings
Published in Journal of Social Welfare and Family Law (Ahead of Print, 2022)
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Children – the hidden or direct victims of domestic abuse? Journal of Social Welfare and Family Law Pub Date : 2022-10-28 Nicola Gabrielle Ho
ABSTRACT As the psychological impact of childhood exposure to domestic abuse gains more traction, referring to children as ‘the hidden victims of domestic abuse’ is becoming increasingly inaccurate and reductionist. Representing children as mere witnesses of domestic abuse also poses wider implications from the view of law and policy. Jurisdictions which recognise children as direct victims rather
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Unintended consequences of non-harassment orders: child contact decision-making Journal of Social Welfare and Family Law Pub Date : 2022-10-28 Rachel McPherson
ABSTRACT This paper considers the implications and unintended consequences of the increased use of non-harassment orders in criminal proceedings. In particular, it considers how non-harassment orders co-exist with the existing framework for decisions related to child contact proceedings. In this paper it will be shown that while non-harassment orders are needed for the protection of the victim and
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Editorial Journal of Social Welfare and Family Law Pub Date : 2022-10-27 Emma Hitchings
Published in Journal of Social Welfare and Family Law (Vol. 44, No. 4, 2022)