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If so, how? 3 Is the family under threat? 4 What are the disadvantages and advantages of (i) wide discretion in family law and (ii) an increasing emphasis on agreement and mediation? Further Reading Cantwell and Nunnerley , 'A new spotlight on mediation' [1996] Fam Law 177. Clements, 'European Convention : human rights and family law cases' [1994] Fam Law 452. Day Sclater, 'The limits of mediation ' [1995] Fam Law 494. ), Frontiers of Legal Scholarship, John Wiley , 1995. Douglas, 'The family and the State under the European Convention on Human Rights ' (1988) 2 ILJF 76.

The charge can be substituted to a new home. g. adjustive, supportive, protective. 2 Family law is mainly concerned with the nuclear family and deals with the creation and removal of status and the legal consequences flowing therefrom. Family law also performs a protective function, especially where children are concerned. 3 Because of its human element and the infinite variety of family circumstances, family law cases are usually decided by applying flexible and discret ionary rules . 4 There is no family court in England and Wales .

Fricker, His Honour Judge, 'Family law is different' [1995] Fam Law 306. ), Divorce: Where Next? (1996). Halsey, 'Individualism and the decline of the family' [1993] Fam Law 152. Harris, T he aims of the family justice system' [1996] Fam Law 714. Haskey, Trends in marriage and cohabitation: the decline of marriage and the changing pattem in living in partnerships' (1995) 80 Social Trends. Ingleby, 'Court sponsored mediation: the case against mandatory participation' (1993) 56 MLR 441. Masson, 'Family justice studies - new directions and developments' [1997] Fam Law 178.

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