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Divorced from RealityRethinking Family Dispute Resolution$
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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

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Expanded Courts with Diminished Legal Norms

Expanded Courts with Diminished Legal Norms

Chapter:
(p.37) 3 Expanded Courts with Diminished Legal Norms
Source:
Divorced from Reality
Author(s):

Jane C. Murphy

Jana B. Singer

Publisher:
NYU Press
DOI:10.18574/nyu/9780814708934.003.0004

This chapter explores a contradiction in the new paradigm of family dispute resolution. The new paradigm expands the vision and role of family courts at the same time that it reduces the primacy and relevance of legal norms in resolving disputes about children. The result is a more powerful family court system that is less constrained by legal limits than its more traditional predecessor. While such an expanded and expansive court system may benefit children and families in need of services, it also poses substantial risks, both to the family members it serves and to the larger legal system. Many researchers have expressed a concern that reliance on informal processes and non-legal staff increases the danger that parties will leave the court system without the legal remedies they need and are entitled to under existing law.

Keywords:   family dispute resolution, family courts, legal norms, legal system

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