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Pros and Cons of a Family Court - An Empirical Evaluation

NCJ Number
74815
Author(s)
F M Woodard; S J Bahr
Date Published
1978
Length
32 pages
Annotation
Judges, attorneys, and social service workers were surveyed to determine the effectiveness of existing court systems in family cases and to determine if a family court could improve the administration of justice.
Abstract
A mail survey questionnaire was designed to elicit information pertaining to the study objectives. Questions were primarily fixed in format, although several open ended questions were included. Strengths and weaknesses of the current court system, family court, and support services were addressed. Thirty-two judges, 39 probation officers and juvenile court administrators, 51 domestic relations attorneys, 156 social service workers, and 6 family court judges completed questionnaires. Except for the six family court judges, respondents all lived in Utah. Results indicated the need to upgrade the divorce process, particularly with regard to child custody matters. Changes in the adversary system and in the training of lawyers and judges who handle divorce and custody cases are recommended. Data also indicated a need to improve the competence of social service workers and the ways in which they relate to the courts. The dual-court system appeared to create some problems, although only about 25 percent of the judges perceived it to be one of the major weaknesses of the current court system. The philosophical schism between district court judges and domestic relations attorneys on the one hand and juvenile court judges and social service works on the other was a problem which made it difficult for the legal profession and the social service profession to work together for the benefit of families in need. It is concluded that the family court is a viable alternative to the present court system and has proved itself to be effective in several States. Five tables and 11 references are included in the survey. (Author abstract modified).