Aktivitet: Foredrag og mundtlige bidrag › Konferenceoplæg
The complexity of the Danish Family Justice System
Our presentation of the Danish Family Law System will focus on complexity. In 2019 a new institutional framework was implemented introducing a digital screening system of applications based on the complexity of the case. Green for the simple registration cases where the parties agree and red for the complex ‘high conflict cases’ and yellow for the cases in between. We will describe how this complex distinction evolves as part of substantive law, procedural law and the institutional framework. The content of substantive law is the best interests of the child and complexity is, in black letter law, mirrored in different interpretations and assumptions of substantive law. Procedural law is characterized by the new screening system and different modes of power such as mediation, counselling, legal decision making and in the new mandatory digital learning programme for divorcing parents with minor children. The institutional framework is characterized by mandatory cooperation between not only the parents but also different authorities. The public authority responsible for the case handling is the administrative family law authority, The Family Law House (Familieretshuset). It cooperates with the municipalities responsible for social law and the family courts which are competent to make decisions in complex cases. Theoretically, the presentation includes literature on complexity in law and social science. The presentation is based on legal sources such as legislation, international conventions and case law. The institutional framework is explored in respect of the communication between the different public authorities through interviews with professional actors.