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Children’s direct participation and the views of Australian judges

In Australia, hearing directly from children in family law court proceedings is very rare. There is a perception that involving children closely in adversarial proceedings between their parents can be harmful for children (Chisholm, 1999; Bryant, 2006). A meeting between a judge and a child is, perhaps, the most appealing mechanism for children to participate directly, because the meeting occurs in private and the child does not give evidence in open court and is not cross-examined. Even so, of the hundreds of children’s matters decided in the Family Law Courts around Australia each year, there are only a couple of cases (literally one or two per year) in which a judicial officer will meet with a child.

Posted in: Open Access Journal Articles on 09/17/2013 | Link to this post on IFP |
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