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https://anrows.intersearch.com.au/anrowsjspui/handle/1/15837 Record ID: 2e110bac-9a7d-41ca-bc59-9ed218d8f602
| Type: | Journal Article |
| Title: | 'Mind the gap …': protecting children in family law cases |
| Other Titles: | Australian journal of family law |
| Authors: | Higgins, Daryl J Kaspiew, Rae |
| Keywords: | Child protection;Family law |
| Year: | 2008 |
| Publisher: | Butterworths |
| Citation: | 22 (3), November 2008 |
| Notes: | Where allegations of child abuse are raised in parenting disputes, a range of agencies (police, criminal courts, the state/territory statutory child protection departments, juvenile courts and family courts) have overlapping interests, yet distinct responsibilities. Amidst these overlapping legal frameworks and statutory responsibilities, the lack of comprehensive responses to child protection issues in the federal law context has been identified. Coordinated approaches are needed to bring the information from each of these relevant agencies together, to ensure that private family law disputes are resolved in a way that works to reduce trauma for children. The approach should keenly focus the evidence-gathering and legal processes on ensuring the best outcomes for children — and in doing so, to balance their right to know and have a relationship with both parents with the need to be protected from harm. An innovative case-management response to these challenging issues where there are serious allegations of sexual abuse or physical abuse of children raised in the Family Court of Australia — 'Magellan' — is described. After considering data from the recent evaluation of Magellan, the implications for ensuring children's safety issues are adequately addressed in the context of the gap between federal and state responsibilities and investigative machinery. Magellan provides a significant improvement, but does not completely address the absence of a federal forensic mechanism to respond to such allegations. |
| URI: | https://anrows.intersearch.com.au/anrowsjspui/handle/1/15837 |
| ISSN: | 0817623X |
| Appears in Collections: | Journal Articles |
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