Parents' and Children's Views on Talking to Judges in Parenting Disputes in Australia

Judicial interviews with children in contested parenting proceedingsare an uncommon and contentious practice in Australia and manyother common law jurisdictions. While there has been some debateabout the merits and risks of such a practice among professionalsand academic commentators, there is little research on the viewsof children and parents. In this study, children and parentsinvolved in contested and non-contested family law matters inAustralia were asked to comment on this practice. A subsequentarticle will explore the views of Australian judges on talkingwith children in chambers, and their experience of doing so.Children and parents had mixed views but most children saidthat it should be an option even if they did not want it forthemselves. Children who had been the subject of contested proceedingswere generally keen to talk to the judge even though most hadbeen interviewed by an independent expert and had a child legalrepresentative. Resident parents were, however, much more likelythan non-resident parents to be in favour of children beingable to talk with the judge, either alone or together with acounsellor or ‘interpreter’. Both parents and childrenwho were in favour of children talking directly to judges gavevery similar reasons. They were related to children's rightto be heard and acknowledged, the value of direct communicationand the likely beneficial effect on the decision.