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. Attached Files Name Description MIMEType Size Downloads 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.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 Related Links Link Description Connect to published version Go to link with your DU access privileges     Unless expressly stated otherwise, the copyright for items in DRO is owned by the author, with all rights reserved. Versions Version Filter Type Wed, 08 Feb 2017, 09:35:05 EST Thu, 09 Feb 2017, 04:00:24 EST Thu, 09 Feb 2017, 05:05:46 EST Fri, 24 Feb 2017, 08:50:43 EST Fri, 24 Feb 2017, 08:53:49 EST Filtered Full Citation counts:   Cited 20 times in TR Web of Science Cited 0 times in Scopus Search Google Scholar Access Statistics: 351 Abstract Views, 1 File Downloads  -  Detailed Statistics Created: Wed, 08 Feb 2017, 09:35:05 EST

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