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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 |
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Keywords: | judges, children, conversation, informed decision, Less Adversarial Trial |
Research Division: | Law and Legal Studies |
Research Group: | Law in context |
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 |
UTAS 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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