Evidence of a different nature: the child-responsive and less adversarial initiatives of the family court of Australia

McIntosh, Jennifer E., Bryant, Hon. Diana and Murray, Kristen 2008, Evidence of a different nature: the child-responsive and less adversarial initiatives of the family court of Australia, Family court review, vol. 46, no. 1, pp. 125-136, doi: 10.1111/j.1744-1617.2007.00187.x.

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Title Evidence of a different nature: the child-responsive and less adversarial initiatives of the family court of Australia
Author(s) McIntosh, Jennifer E.ORCID iD for McIntosh, Jennifer E. orcid.org/0000-0003-4709-5003
Bryant, Hon. Diana
Murray, Kristen
Journal name Family court review
Volume number 46
Issue number 1
Start page 125
End page 136
Total pages 12
Publisher Wiley-Blackwell
Place of publication London, Eng.
Publication date 2008-01
ISSN 1531-2445
Keyword(s) family court of Australia
less adversarial proceedings
children's cases program
parenting disputes
parental capacity
child well-being
United Nations convention on the rights of the child
Summary This article charts the constellation of vision and research that underpin a new era in the Family Court of Australia,focusing on the development and outcomes of two programs that have attempted to meaningfully reinforce thecentrality of children’s rights and needs in family court proceedings. The Less Adversarial Trial and its frontendChild Responsive Program (CRP) both aim to minimise the potentially negative effects on parents of alitigation process by application of a more intensive case management model adopted with the intention of alteringthe parents’ experience of the journey. Key features of this approach include the adoption of inquisitorialtechniques, which include direct consultation with children through the CRP, modified application of the rulesof evidence, and strong judicial management rather than being party driven. Findings from two studies into thepilot Children’s Cases Program (now the Less Adversarial Trial) and the CRP are discussed. Significantly, evidenceis outlined around the capacity of the new processes to impact on both the co-parenting and parent–child relationshipsand to influence short-term adjustment of complex families in high-conflict dispute. In encouraging amore active focus on children’s needs and views and by facilitating a stronger voice for children in proceedingsthat affect them, both initiatives advance Australia’s commitments under the United Nations Convention on theRights of the Child.
Language eng
DOI 10.1111/j.1744-1617.2007.00187.x
Field of Research 170106 Health, Clinical and Counselling Psychology
1801 Law
Socio Economic Objective 920599 Specific Population Health (excl. Indigenous Health) not elsewhere classified
HERDC Research category C1.1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2008, Association of Family and Conciliation Courts
Persistent URL http://hdl.handle.net/10536/DRO/DU:30091122

Document type: Journal Article
Collections: Faculty of Health
School of Psychology
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