'Less adversarial' proceedings in children's cases
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January 2008
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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.