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Conversations between judges and children: An argument in favour of judicial conferences in contested children's matters

Citation

Fernando, MM, Conversations between judges and children: An argument in favour of judicial conferences in contested children's matters, Australian Journal of Family Law, 23, (1) pp. 48-70. ISSN 0817-623X (2009) [Refereed Article]

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Abstract

This article discusses the infrequent practice of judges speaking directly with children, or 'judicial conferencing'. It is argued that there are good reasons why judges should speak with children. Children have a right to be heard in proceedings affecting them, and many express they want to be involved. Judges, in making decisions, must take children's views into account. Judicial conferencing allows children's views to be presented without filtering by third parties, ensuring informed decisions are made on the best available evidence. The results will be to empower children in a situation where they otherwise have very little input and control, and to promote decisions which are truly in children's best interests. While the flexibility created by the Less Adversarial Trial is ideal for increased judicial interaction with children, any actual increase will require an attitudinal shift on the part of many judges who are reluctant to embrace the practice.

Item Details

Item Type:Refereed Article
Keywords:judges, children, conversation, informed decision, Less Adversarial Trial
Research Division:Law and Legal Studies
Research Group:Law
Research Field:Family Law
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the Law
Objective Field:Justice and the Law not elsewhere classified
Author:Fernando, MM (Ms Michelle Fernando)
ID Code:57440
Year Published:2009
Deposited By:Law
Deposited On:2009-07-16
Last Modified:2015-03-12
Downloads:2 View Download Statistics

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