Child-responsive practices in Australian family law: past problems and future directions ⋆

This paper considers key systemic issues that have to date constrained the hearing of children’s voices in both litigation and mediation processes in Australian family law. It is proposed that the time is now right for child-focused and child-inclusive approaches, described in this and previous publications, to become the default position in mediated disputes over children following separation. The application of child-inclusive practice to non-adversarial forms of litigation is also considered.