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International Journal of Law, Policy and the Family Advance Access originally published online on April 13, 2007
International Journal of Law, Policy and the Family 2007 21(2):160-189; doi:10.1093/lawfam/ebm005
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International Journal of Law, Policy and the Family, © The Author [2007]. Published by Oxford University Press. All rights reserved. For Permissions, please email: journals.permissions@oxfordjournals.org

Judicial Conversations With Children in Parenting Disputes: The Views Of Australian Judges

Patrick Parkinson and Judy Cashmore*

* Faculty of Law, University of Sydney. 173-175 Phillip St., Sydney, NSW 2000, Australia


  Abstract

In an article in the last issue of this Journal, we reported on a study of parents' and children's views about whether they would like judges to talk with children in chambers. This article reports on a related study of the views of Australian judges concerning the issue. It explores the reasons that judges gave for being opposed to or cautiously in favour of having conversations with children before and after making their decisions. On the basis of these views, and the views of the parents and children discussed in the earlier article, we propose guidelines on when and how judges should engage in ‘conversations’ with children in chambers if they consider it appropriate to do so.


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