- Family Court focus on kids
- By Susie O'Brien
- Herald Sun
- 12/02/2005 Make a Comment
- Contributed by: admin ( 47 articles in 2005 )
CHILDREN would be interviewed by judges under moves to modernise the Family Court.
The focus must return to children's needs, Family Court Justice Linda Dessau told the Australian Institute of Family Studies conference in Melbourne yesterday.
She said the program, which would allow judges to interview children, was the "way of the future".
"A less adversarial and more flexible approach will result in better decisions for children," Justice Dessau said.
Judges now have this power but it is rarely exercised.
It is expected that these approaches will become accepted practice across Australia.
A New South Wales pilot project, the Children's Cases Program, is trialling a revolutionary less adversarial, more child-focused system.
The project also involves:
CHANGES to the courtroom set-up, so family members are facing each other across a U-shaped table rather than the current formal court setting.
THE judge identifying relevant issues in direct consultation with children and parents.
LESS reliance on formal affidavits to give evidence.
THE same judge hearing the entire case.
Since March last year, the NSW pilot has been involved in more than 200 cases, 85 of which have been finalised.
The program has resulted in a speedier resolution of cases, and a reduction of court time and costs.
Justice Dessau stressed parties would not lose any existing rights.
"It's not going to be like American movies or Judge Judy . . . we're not talking about changing the rules that much, but the judge does take a more active role," Justice Dessau said.
"People tend to be horrified by the idea of judges interviewing children but overseas people say they are horrified that it doesn't happen."
Issues such as who should be present during such interviews and what records should be kept have yet to be resolved, she said.
The program operates for the 5 to 7 per cent of family cases that require the decision of a judge.
The principal mediator of the Family Court of Australia, Dianne Gibson, told the conference she supported the move towards more child-centred practices.
These would include interviews with children early in the process, with feedback given where appropriate to parents about children's wishes.
The focus must return to children's needs, Family Court Justice Linda Dessau told the Australian Institute of Family Studies conference in Melbourne yesterday.
She said the program, which would allow judges to interview children, was the "way of the future".
"A less adversarial and more flexible approach will result in better decisions for children," Justice Dessau said.
Judges now have this power but it is rarely exercised.
It is expected that these approaches will become accepted practice across Australia.
A New South Wales pilot project, the Children's Cases Program, is trialling a revolutionary less adversarial, more child-focused system.
The project also involves:
CHANGES to the courtroom set-up, so family members are facing each other across a U-shaped table rather than the current formal court setting.
THE judge identifying relevant issues in direct consultation with children and parents.
LESS reliance on formal affidavits to give evidence.
THE same judge hearing the entire case.
Since March last year, the NSW pilot has been involved in more than 200 cases, 85 of which have been finalised.
The program has resulted in a speedier resolution of cases, and a reduction of court time and costs.
Justice Dessau stressed parties would not lose any existing rights.
"It's not going to be like American movies or Judge Judy . . . we're not talking about changing the rules that much, but the judge does take a more active role," Justice Dessau said.
"People tend to be horrified by the idea of judges interviewing children but overseas people say they are horrified that it doesn't happen."
Issues such as who should be present during such interviews and what records should be kept have yet to be resolved, she said.
The program operates for the 5 to 7 per cent of family cases that require the decision of a judge.
The principal mediator of the Family Court of Australia, Dianne Gibson, told the conference she supported the move towards more child-centred practices.
These would include interviews with children early in the process, with feedback given where appropriate to parents about children's wishes.
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