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Redesigning the Family Law System to Promote Healthy Families
Author(s) -
Howe William J.,
Scully Elizabeth Potter
Publication year - 2015
Publication title -
family court review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.171
H-Index - 4
eISSN - 1744-1617
pISSN - 1531-2445
DOI - 10.1111/fcre.12157
Subject(s) - family law , constructive , resource (disambiguation) , protocol (science) , law , dispute resolution , business , process (computing) , public relations , political science , public administration , medicine , computer science , computer network , alternative medicine , pathology , operating system
Family law professionals should be proactive in seeking and implementing constructive reforms. We identify some successful cutting‐edge reforms: (1) family resource centers, where all kinds of needs can be met; (2) informal family law trials, which streamline clogged calendars and provide an empowering and efficient forum; (3) licensed legal technicians, who increase public access to legal services; and (4) unbundled family law services. Second, we outline a protocol for implementation of reform developed by the Oregon Task Force on Family Law which is effective and replicable. Thoughtful reform of dispute resolution processes will serve family health and promote peace. Key Points for the Family Court Community: Evolving family constellations, private ordering through pre‐ and postmarital agreements, an increase in self‐represented litigants, and shrinking judicial resources are changing family law dramatically. Thoughtful, practical process reforms are needed in order to accommodate these changes. Practitioners should be proactive about seeking out and implementing such reforms. Some reforms already finding success include family relationship resource centers, informal domestic relations trials, licensed legal technicians, and unbundled legal services. We outline a protocol with a proven track record of success for implementing cutting‐edge family law reform.