FAMILY WELFARE AND THE COURTS

Abstract

This article examines court functions regarding support, custody and protection of children and spouses, as if they were special forms of social welfare programmes. It considers the courts’ work in these areas against performance criteria suitable for social systems, in order to determine whether these court processes produce effective, fair and adequate financing for broken families and satisfactorily satisfy the child welfare function of the state. It argues that a no fault regime will make the role of the courts in areas of financial support, protection and custody difficult to distinguish from administrative programs.