法社会学
Online ISSN : 2424-1423
Print ISSN : 0437-6161
ISSN-L : 0437-6161
裁判所侮辱 (Contempt) と面接交渉
オーストラリアにおける面接交渉の強制執行システムの展開
石堂 典秀
著者情報
ジャーナル フリー

2006 年 2006 巻 65 号 p. 116-128,255

詳細
抄録

In Australia there is a growing tendency for enforcement of contact orders. Then, the Family Law Amendment Act 2000 commenced, under which three tiered compliance scheme is divised; stage 1 as preventative stage, stage 2 as remedial, and stage 3 as punitive. This implies that the family law system enter into the 'unknown' post-divorce world.
The new conception of continuous relationship press family law 'system' for unanticipated transformations. First, it suggests a limitation with of one-off judgement, since there occur numerous changes in circumstances surrounding divorced families like remarriage, reemployment, and relocation and so on. Perhaps, more amendable and flexible mechanism rather than strict is preferable. Importantly, contempt or enforcement system has been depended on 'judge-made orders', but in fact the most orders are made from parental agreements. Regarding this point, the legitimacy of such orders shall be questioned, because such practice overrides the tradition that the Court of Chancery had exercised. Contact becomes more important methods to bond divorced family ties than before. However, enforcing contact is another level. Punishing violators of court orders is not necessarily to resolve complex child contact matters. The most important is to repair family relationship and to protect children or victimised parents form abusive parents.

著者関連情報
© 日本法社会学会
前の記事 次の記事
feedback
Top