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

The Influence of Comparative and International Family Law

The Influence of Comparative and International Family Law

Chapter:
(p.110) 6 The Influence of Comparative and International Family Law
Source:
Divorced from Reality
Author(s):

Jane C. Murphy

Jana B. Singer

Publisher:
NYU Press
DOI:10.18574/nyu/9780814708934.003.0007

This chapter analyzes how international and comparative law developments have influenced the development of the new paradigm of family dispute resolution in the United States. It focuses, in particular, on reform efforts in Australia that have shifted family dispute resolution away from the court system and into the community, and on the implementation of the mandate of the United Nations Convention on the Rights of the Child (CRC) that children have the opportunity to participate in legal proceedings that affect them. In addition to articulating independent rights for children and imposing obligations on both state institutions and families to protect children's interests, Article 12(2) of the CRC requires that a child “be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.”

Keywords:   family dispute resolution, UN Convention on the Rights of the Child, CRC, child rights, legal proceedings

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.