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Unified Family Court: Therapeutic Justice for Families and Children

NCJ Number
148937
Author(s)
M A Town
Date Published
1994
Length
21 pages
Annotation
This speaker argues that a well-organized and systematic family court system could provide a prompt and fair resolution to the unique legal problems of children and families.
Abstract
The Family Court Resource Center of the National Council of Juvenile and Family Court Judges assists jurisdictions in constructing their own versions of the unified family court. This author coined the term "jurigenic" to describe how a judicial system intended to help families and children can inadvertently harm them by forcing children to testify when not necessary, requiring multiple interviews of children, failing to identify and protect victims of domestic violence, allowing excessive attorney fees, allowing unnecessary delays in adjudication, and ordering inappropriate services. One example, the Hawaii Family Court, is discussed here in terms of its authority, jurisdiction, staffing, judges, nature of cases, and bar. Advantages of a unified family court system include systematic improvements of substance and form; standardization of roles, orders, and procedures; provision of a therapeutic diversion; audits; reviews of public access and confidentiality; and accountability. Potential drawbacks of such a system include burnout of staff and system, multiple jurisdiction, and lack of quality control. 10 notes