Court-Ordered Assessments of Family Resources in Family Law Proceedings: The Technical Advisor and Other Non-Juridical Professionals Compared and Contrasted

Abstract

AbstractThis study provides a reconstruction of legal framework surrounding break-up proceedings in order to observe overlaps in responsibilities of and relations between social services and court-appointed technical advisor and technical advisor chosen by parties.Keywords: proceedings; interests of minor; parenting responsibilities.1. The reform of shared parental responsibility and conciliation toolsFrom a legal viewpoint, as a complex social phenomenon, shows clear signs of a shift towards privatization of relevant institutions and of relations, above all due to exoneration from general clauses that, in different ways, sanctioned a sort of inviolable sacredness of institution of family: reveals its meaning as a method of protection, inasmuch as it is a summary and compendium of principles designed to protect its members in place of aforementioned general clauses - imbued with language of advertising - such as family unity and the interests of family, which have now assumed a different meaning. Family relations, a field in which field system tends to intervene ever more decisively in order to ensure a significant area of autonomy for them, have taken on a new form of functionalization compared with theoretical framework of 1975 reform. The most interesting part of this functionalization is creation and deliberate promotion of protection of minors and their right not only to a but to a that generally meets a number of criteria for suitability. From this reflection, which helps to regenerate a judicial culture inspired by and built around protection of minors, we cannot but note sharp increase in numbers of families turning to professional social services in hope of obtaining support and advice in highly complex situations, and a greater use of expert consultations (with court-appointed and part- appointed professionals) in court proceedings.The reform of shared parental responsibility, before introducing regulations whose content is only innovative in some ways, had idea (and through this merit) of engraving prescriptive principle of shared parenting responsibilities on system, a principle that was already in force in context of break-ups: as a manifestation of right to two parents, it expresses right of offspring to receive care, education and upbringing from both parent figures, thereby being set as main premise of whole regulatory framework. The principle introduced by new system, which has given quite significant validation to its contents, also constitutes an operative principle in a number of European contexts and is, in brief, aimed at protecting rights of underage offspring and searching for best way to re-arrange in light of break-up in order to maintain a situation that resembles as closely as possible one experienced during normal married life of couple. In light of this principle, newly introduced regulations are designed to protect and promote minor's real need to maintain a balanced and continuous relationship with each parent, so that whole subject of break-up is informed by principle of sharing not only nominal parental responsibilities but also active parenting roles, in consequence of offspring's right to have two parents. This is why legal reference contained in incipit of regulations, which sanctions offspring's right to preserve significant relationships with ascendants and relatives from both of their parents' families, is remarkable. The stipulations of new regulations, by introducing a principle that is widely accepted in theoretical terms but has often shown itself to be problematical in its application, identify not so much and not only right of ascendants to exercise visiting rights regarding offspring, but rather a general principle of protection relating to upkeep of significant affective and social relations with their ascendants despite termination of parents' marriage and assignment of custody, in order to guarantee the affective charge human being cannot do without at time of his formation. …