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The child and the Judge: Reflections on the voice of the child in Australian family court parenting disputes

Young, L. and Ryrstedt, E. (2013) The child and the Judge: Reflections on the voice of the child in Australian family court parenting disputes. Journal of Family Law and Practice, 3 (1). pp. 19-28.

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Abstract

Many jurisdictions adopt, as their touchstone in resolving parenting disputes, the ‘best interests of the child’ principle. The difficulties in applying this concept are well known. In many instances its application is shaped by mandatory considerations, one common consideration being the child’s wishes and views. Incorporating the views of children in the family law process is not contentious; however there has been much discussion as to how to obtain, and interpret, those views and wishes. In particular, there are diverse opinions on whether children should talk directly to judges. This is the case, even though there is mounting evidence that children’s interests are advanced by more direct participation.

Publication Type: Journal Article
Murdoch Affiliation: School of Law
Publisher: London Metropolitan University
Copyright: The Author
Publishers Website: http://www.londonmet.ac.uk/
Notes: Incorporating the personal reflections of the Hon Alastair Nicholson
URI: http://researchrepository.murdoch.edu.au/id/eprint/18891
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