Family Matters No. 77 - December 2007

'Less adversarial' proceedings in children's cases

Richard Chisholm

Abstract

The 2006 amendments to the Family Law Act included provisions establishing a new, less adversarial approach to the hearing of children's cases. This article describes the old adversarial system; judicial decision making; previous, smaller changes to children's cases; the development of the Children's Cases Program, a pilot program run by the Family Court in New South Wales; and less adversarial principles and duties under the new legislation. The author is optimistic that these developments will improve outcomes for children and families in the court system.

The 2006 amendments to the Family Law Act included provisions establishing a new, less adversarial approach to the hearing of children's cases. This article describes the old adversarial system; judicial decision making; previous, smaller changes to children's cases; the development of the Children's Cases Program, a pilot program run by the Family Court in New South Wales; and less adversarial principles and duties under the new legislation. The author is optimistic that these developments will improve outcomes for children and families in the court system.

You are in an archived section of the Australian Institute of Family Studies website. Articles in this issue of Family Matters are only available as PDF documents and do not meet the latest web accessibility standards. If you are unable to access any of the articles in this issue of Family Matters please contact us and we will endeavour to provide the article/s you need in a format that you can use.