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FLOURISHING FAMILIES*
Author(s) -
Huntington Clare
Publication year - 2012
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/j.1744-1617.2012.01450.x
Subject(s) - adversarial system , family law , flourishing , state (computer science) , law , political science , family relationship , sociology , law and economics , psychology , social psychology , algorithm , computer science
Despite considerable reform over the past several decades, family law is still failing families. Instead of strengthening relationships long before problems arise, too often family law waits for a crisis and then intervenes, typically in a heavy‐handed, adversarial fashion. This essay, an extended précis of a forthcoming book, argues that family law should be fundamentally oriented toward fostering strong, stable, positive relationships to prevent crises. Then, if a conflict does arise, family law should intervene in a manner that preserves and repairs relationships. Key Points for the Family Court Community:• Despite considerable evidence demonstrating the essential role families play in ensuring the well‐being of the next generation, family law does far too little to strengthen families. • Once conflicts do arise, family law pits one family member against the other, undermining the relationships that will almost certainly continue long after the legal action ends. • Family law should be fundamentally oriented toward fostering strong, stable, positive relationships, which will require changes to both the structural relationship between families and the state and the dispute‐resolution system.