Securing Children's Safety and Rights in Australia's Family Law System
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When parents separate and go to court to resolve disputes, children are often the most affected but least likely to be heard. Yet little is known about the long-term impacts of adversarial court proceedings on children’s well-being.
In this paper, E.G. Whitlam Research Fellow (2021), Associate Professor Camilla Nelson, presents the findings of a multiple case study research project investigating the impact of Federal Circuit and Family Court proceedings on children. It makes recommendations about how legal systems can become more aligned with children’s rights.
Drawing on in-depth qualitative interviews with adults about their lived experience of litigation as children, and recent academic research, Associate Professor Nelson presents a compelling case for reform to minimise harm and improve the ability of children to exercise rights and agency during family law disputes.
Based on the research for her book Broken: Children, Parents and Family Courts, the project combines a podcast and policy paper with 12 recommendations designed to create a family law environment able to learn from children’s experience – one based in children’s rights.
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