In The Best Interests Of Children A Proposal To Transform The Adversarial System  

Oleh:

Firestone, Gregory ; Weinstein, Janet

Jenis: Article from Journal - ilmiah internasional
Dalam koleksi: Family Court Review vol. 42 no. 2 (Apr. 2004), page 203-215.
Fulltext: 203.pdf (101.25KB)

Isi artikel

In the traditional family lawand child protection litigation where the court is asked to make determinations based on the best interests of a minor, the adversarial, rights-based model often fails to serve the interests of children and families and may be more harmful than beneficial to children relative to other possible methods of dispute resolution. This article examines the shortcomings of such an adversarial, rights-based model; briefly highlights the literature on dispute resolution systems design; and then proposes a new approach to better serve the interests of children in family law and child protection cases.

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