The latest issue of the Family Law Review (Volume 2 Part 4) contains the following material:

Articles

Proposed guidelines for judges meeting with children in family law proceedings Michelle Fernando

This article argues the need for guidelines to be promulgated by the Family Law Courts that give direction to judges on how to meet with children who are the subject of parenting disputes. The article presents the author’s proposed guidelines and discusses the rationale behind each aspect of them, drawing on existing literature. The incidence of judges meeting with children is still very rare, but interest is growing. Guidelines are an appropriate step to give guidance to judges and promote consistency in practice.

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Family dispute resolution: The importance of clear protocols for cooperation between family relationship service providers and family lawyers Danielle Jaku-Greenfield

Under the Australian family law framework mandating mediation since 2006, the role of the family lawyer dealing with a parenting matter is two-fold. The first responsibility the lawyer has to the client is to give legal advice about the presenting issues in dispute. The second equally important role of the family lawyer is to assist the client in devising the best way to resolve those issues. Not all family lawyers have assumed, or understand, this changed role, and there is a lot of confusion among family lawyers, family relationship service providers, clients and mediation participants about what should be the first step in the process of family dispute resolution. This article argues that the success or otherwise of the mediation process can be attributed to both the timing of the mediation in the parents’ separation and, significantly, to the legal advice provided to the parents.

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Sections

FAMILY DISPUTE RESOLUTIONLinda Kochanski

  • Family mediation and impasses: How to work with them, not against them

INTERNATIONAL FAMILY LAWAlexandra Harland (Ed) Stephen Page

  • International surrogacy: To India via Aberdeen and the Hague

RECENT CASESGeoffrey Monahan FM (Ed) Olivia Rundle Dean Foley

  • Khalil v Tahir-Ahmadi (Parenting orders; Family violence; Evidence)
  • Whistler v Whistler (Property; Mistake; Miscarriage of justice under s 79A(1)(a))
  • Czeb v Czeb (Property; Trial judge discretion; Family violence; Self-represented litigant)

For the pdf version of the table of contents, click here: Fam L Rev Vol 2 Pt 4 Contents.

Click here to access this Part on Westlaw AU