The Israel Family Court – Therapeutic jurisprudence and jurisprudential therapy from the start

• Published in: International journal of law and psychiatry Vol. 63; pp. 68 - 75
• Main Author: Marcus, Philip
• Format: Journal Article
• Language: English
• Published: Netherlands Elsevier Ltd 01.03.2019
• Subjects: Child; Child Custody - legislation & jurisprudence; Confidentiality - legislation & jurisprudence; Dissent and Disputes - legislation & jurisprudence; Divorce - legislation & jurisprudence; Domestic Violence - legislation & jurisprudence; Family - psychology; Family court; Female; Humans; Israel; Judicial Role; Jurisprudence; Jurisprudential therapy; Legislation as Topic; Male; Negotiating; Parents - psychology; Pilot Projects; Social services; Social Work - legislation & jurisprudence; Social Work - methods; Support unit; Therapeutic Alliance; Therapeutic jurisprudence; Israel; Support unit; Jurisprudential therapy; Therapeutic jurisprudence; Family court; Social services
• ISSN: 0160-2527; 1873-6386; 1873-6386
• DOI: 10.1016/j.ijlp.2018.06.006

Based on the recommendations of a commission set up to review the handling of Family Law cases in Israel, the Family Courts Law 5755–1995 included a revolutionary provision – that a Social Services Unit, staffed by senior social workers, would be an integral part of each Family Court. Their mandate includes giving assessment, advice and assistance services to litigants and to the court, and this provision has been broadly interpreted, to include mediation and referrals for therapy. The activities of the Unit are confidential and free of charge to the parties. More recently the Units were given the task of seeing children whose future is the subject of litigation, to find out their needs and views; and also to serve as the agency which parties who want to start proceedings are required to attend, in order to receive information about the effect of proceedings on their children and advice about alternative dispute resolution to avoid litigation. The resulting synergy between the social workers and the Judges ensures that the needs of all those involved are met in a therapeutic fashion where this is necessary and possible, alongside the judicial powers to make orders as needed. Thus unnecessary suffering can be mitigated.