Jump to ContentJump to Main Navigation
Divorced from RealityRethinking Family Dispute Resolution$
Users without a subscription are not able to see the full content.

Jane C. Murphy and Jana B. Singer

Print publication date: 2015

Print ISBN-13: 9780814708934

Published to NYU Press Scholarship Online: March 2016

DOI: 10.18574/nyu/9780814708934.001.0001

Show Summary Details

Historical Overview

Historical Overview

Chapter:
(p.5) 1 Historical Overview
Source:
Divorced from Reality
Author(s):

Jane C. Murphy

Jana B. Singer

Publisher:
NYU Press
DOI:10.18574/nyu/9780814708934.003.0002

This chapter traces the doctrinal and procedural antecedents of the late twentieth-century paradigm shift in family dispute resolution. Doctrinal developments in both the nineteenth and twentieth centuries expanded and transformed the judicial role in divorce and custody disputes, ultimately making courts the primary guardians of children's welfare in the face of family breakdown. In addition, the therapeutic underpinnings of progressive-era juvenile justice reform shifted in the mid-twentieth century from the delinquency to the divorce and custody context. Finally, the shift from a fault-based, sole custody regime to a no-fault co-parenting model in the 1980s and early 1990s simultaneously undermined the efficacy of traditional adversary processes and invited ongoing court involvement in families affected by divorce and parental separation—both important elements of the new paradigm.

Keywords:   family dispute resolution, divorce, custody disputes, children's welfare, juvenile justice reform, family breakdown, parental separation

NYU Press Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.