Electronic Resources:	https://aifs.gov.au/cfca/cant-find-what-youre-looking
Web resource:	https://aifs.gov.au/cfca/cant-find-what-youre-looking
Type:	Journal Article
Title:	Lawyers and family dispute resolution practitioners: achieving the child-focused ideal in practice
Other Titles:	Family relationships quarterly
Authors:	Banks, Cate
Keywords:	Family law;Impact on children and young people;Legal issues
Year:	2009
Publisher:	Australian Institute of Family Studies
Citation:	(12), 2009
Notes:	General Overview: Research findings are reported in this article by Cate Banks on the differing ways in which lawyers and Family Dispute Resolution (FDR) practitioners in Queensland define a child-focused approach to practice and perceive constraints to its implementation. Discussion:The research considered in this article was undertaken in the immediate aftermath of the introduction of the Family Law Amendment (Shared Parental Responsibility) Act 2006:(Cth) and focused on the concept of child-focused practice within the family law system. Researchers conducted thematic analyses of semi-structured interviews with 117 family law stakeholders, including lawyers, mediators, judicial officers and self-representing litigants. The article focuses on results obtained from lawyers and FDR practitioners. The research found that while lawyers and FDR practitioners share a commitment to child-focused practice and achieving the best interests of the child, there is not a clear, shared understanding of what such practice comprises. Thus, while lawyers define a child’s best interest in terms of legal outcomes and in accordance with the legislative framework, FDR practitioners favour an organic understanding of the child’s best interest within the context of the family system. Constraints to implementing child-focused practice identified by both sets of practitioners included the shared parenting provisions and client attitudes, with lawyers also citing their ethical obligations to clients and the court. In light of the findings presented, the author highlights the need for further research into the needs of different professional groups in implementing a child-focused approach within the family law system.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/15580
ISSN:	18339077
Appears in Collections:	Journal Articles

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