The New Zealand Family Court: its structure and process

SUMMARY. During the last decade the New Zealand Family Court has been central to the transformation of key aspects of Family Law. It has provided a forum for conciliation, thus enabling the resolution of family conflict without recourse to the formal adjudicative process. Conciliation, coupled with a diminution in the use of adversarial techniques by lawyers., have combined to take the bitterness and recrimination out of family breakdown. The Family Court has therefore succeeded in enhancing the welfare of children. These two articles are based on papers given to the Family Courts Campaign Conference, May 1989     

Illuminating the Black Box From Within: Stakeholder Perspectives on Family Drug Court Best Practices

This article describes a mixed-methods, concept mapping study in an urban family drug court (FDC) designed to identify keys to FDC success from stakeholders’ perspectives. Participating FDC team members and clients developed a set of items they deemed integral to an FDC, thematically clustered the items, and then rated their relative importance. Using these data, cluster analysis and multidimensional scaling generated 6 themes perceived as contributing to positive outcomes. Resultant concept maps revealed that, compared to team members, clients view relational aspects of the FDC as more important. The findings point to implications for future research and social work practice.     

Wider Perspectives in Family Mediation: An Ecosystemic Approach

All mediation processes are constrained by their theoretical frameworks. A wider ecosystemic framework extends perspectives and can open new windows on family systems, interdisciplinary connections, and links between past, present, and future that shape decisions. While showing some similarities to family therapy, ecosystemic family mediation is a discrete process with clearly defined principles and boundaries. In practice, it needs to be tailored to the needs of the particular family, with special attention to the importance of listening and talking with children who are experiencing parental separation and major changes in their lives. Family mediators help family members to manage change. Mediators need to look for change within themselves too, remaining open to new ideas and the development of their thinking and practice.     

Cultural Perspectives from Aotearoa/New Zealand

Abstract

Intergenerational programmes recognise the relationships between the young and old as mutually important to both age groups and to society in general. While intergenerational programmes are a fairly new venture in New Zealand, the early childhood curricu-lum-Te Whariki, the woven mat, is a document which is based on the relationships between people and their environment. It is an ecological model where the context of a child's life is a critical factor in determining well-being, a sense of belonging, communication, a desire to explore, and contribution to society. These are the living strands of Te Whariki which are woven together to provide a sense of place from which children can grow strong and confident. These strands also apply to older people as they move through life's changes. This paper will explore the ways in which Te Whariki is an intergenerational curriculum that can be applied to any context and any age.     

Family Mediation: A Guide for Family Therapists

Family therapists often see separating parents who need to agree on co‐parenting arrangements. This article provides a guide to current research and practice in family mediation. The limited available research suggests mediation is a useful approach for some separated parents and their children, but often is not successful with highly conflicted parents, parents with mental health problems, parents struggling to accept the separation from their partner, or parents with unrealistic co‐parenting expectations. We analyse ways in which mediation might be enhanced, and discuss the potential roles of family therapists to support separating families to negotiate positive co‐parenting.     

Coming Across: Family Therapy in Australia and New Zealand*

In this Keynote Address I ask where family therapy comes from in Australia and New Zealand, as a way of seeing where it might go. I look at our histories, cultures and traditions and how they are connected. What happened to the old certainties of our field, and where do we take a stand today? How can we come across with courage, imagination and a sense of community? How can we maintain those impulses to justice and to remembering that psychotherapy stands for at its best?     

Seeing the Case Clearly: File‐Work,Material Mediation,and Visualizing Practices in a Dutch Criminal Court

In Dutch criminal courts, judges and their assisting clerks spend significant amounts of time doing file‐work in preparation for the court hearing: a practice they often call “visualizing the case.” This practice is distributed over clerks and judges and materially mediated: the legal case file enters into face‐to‐file interaction as both a text and a material object. This article aims to unpack what techniques clerks and judges draw on in order to come to “see the case clearly,” while at the same time it elaborates on the renegotiations of these largely paper‐based practices when court workers are confronted with the digitization of case files.     

Social Work Practice Placements in Aotearoa New Zealand: Agency Managers Perspectives

Agency managers are one of the key stakeholders in social work education, particularly in respect of practice placements. Managers play several roles within the placement context, acting as gatekeepers, supporters, mentors, potential employers and sometimes assessors of students. This study sought the perspectives of the managers of 13 social service organisations in New Zealand on practice placements. The findings of the study show that managers have preferences for specific attributes in social work students, including flexibility, humility, confidence and resilience. Challenges with placements are associated with student personal, interpersonal and cognitive capabilities, organisational factors and the tertiary institution. The findings also illustrate that the main benefits and motivations for supporting students are for the professional development of staff, completion of agency work, recruitment and workforce development. The article concludes that it is time for a new focus on understanding and supporting the development and assessment of student personal and interpersonal capabilities as well as skill and knowledge competencies. Furthermore, since managers are directly engaged with social work practice and are ultimately deciding which graduates to employ, greater consideration should be given to how institutions and employers can work together to determine which personal and interpersonal capabilities are relevant and necessary for the workplace.     

Family Mediation in Ireland

Using domestic violence support services as a case study, this paper examines how the ascendancy of neo-liberalism has individualised and pathologised public issues. Four perspectives are identified that have been influential in understanding the causes of domestic violence, determining responses to it and measuring the effectiveness of support services. These four perspectives may be categorised as: (i) victim-blaming; (ii) social movement; (iii) empowerment; and (iv) pathologising. From analysing the standard outcome measures currently used for government-funded accommodation programs, the author contends that the pathologising perspective dominates. This is partly attributable to the inherent methodological and ethical issues in evaluating programs of this nature. However, it is primarily driven by the ascendancy of a neo-liberal, managerialist ideology that has depoliticised and clinicalised domestic violence. This has effectively silenced structural analyses of domestic violence and displaced feminist service models.     

Introduction: Windows on New Family Forms: Insights from Feminist and Familist Perspectives

Qualitative Sociology -     

Experiences of Custody Evaluation: Perspectives of Young Adults Who Were the Subject of Family Court Proceedings as Children

ABSTRACT

Court-ordered custody evaluations are conducted primarily to assist courts in making decisions regarding the best interests of children in the context of parental disputes over custody and access. They also represent the most common means through which children's wishes in relation to custody and access are presented as evidence. This article reports on a qualitative research study of young adults' recollections of participating in custody evaluations ordered by the Family Court of Australia. In-depth interviews were conducted with 18 young adults, aged 18 to 26. Two major areas of inquiry are addressed in this article: (1) participants' recollections of interviews conducted by social workers and psychologists for the purpose of custody evaluation, and (2) their suggestions for ways in which professionals working with children in this context might make the process easier for children. Taken together, their experiences point to some useful principles for practice in this field.     

Consumer Feedback from Short Courses in Family Therapy: a New Zealand Report

Questions are emerging regarding the usefulness and efficiency of the present ad hoc and haphazard manner of providing short courses in family therapy. This paper reports on the responses of 105 participants in different types of short seminar-workshops to a mailed, evaluation questionnaire. The characteristics of those attending, their expectations, reported satisfaction and changes in practice following attendance are explored. Felt needs for further training are also reported. Suggestions are made to consumers, organisers and leaders of courses and to all interested in family therapy training regarding possible future directions in short, informal course provision. The need for more detailed study to test out these suggestions and other issues raised is highlighted.     

Families in Crisis: The Family Court Perspective

The Chief Justice, Family Court of Australia, explores the changing and challenged concept of family’ and the range of critical external pressures which impinge on families and inhibit their functioning. He then considers Family Court responses to issues of partner and child abuse, and recent legislative changes especially as they impinge on children.     

Family Work Trends and Practices:1971 to 1991

Families are allocating their time in an increasingly market-oriented fashion, with a decreasing proportion of labor hours being devoted to unpaid work. This article analyzes two aspects of the changing allocation of time. First, using longitudinal data from 1971 to 1991, the nature of the changes in how the families have changed their allocation of time between market and non-market alternatives is examined. Next, how family types have changed their allocations over the same period are examined. The Panel Study of Income Dynamics is used for this analysis.Results of this research indicate that the proportion of time spent on household labor among men has increased over individual men's life cycles and between cross-sectional cohorts. However, women continue to devote more hours to household labor than men. The number of hours women spend in the labor force are increasing, but the number of hours women spend in the labor force is still less than the number of hours men spend in the labor force. While the families in the longitudinal analysis have been able to maintain fairly stable work and income patterns, the cross-sectional data indicate that families need to devote an increasing number of hours to the labor market to maintain economic stability.     

Gender and Families: Feminist Perspectives and Family Research

This review provides a selective overview of scholarship on gender and families over the past decade. First, we discuss four characteristics of feminist perspectives to theoretical and methodological issues in social science. Then we describe briefly how feminist sensibility has been reflected in family scholarship over the past decade. We conclude with brief observations on the disjuncture between academic work on gender and the feminist backlash apparent in the contemporary culture.