Child-responsive practices in Australian family law: past problems and future directions ⋆

This paper considers key systemic issues that have to date
constrained the hearing of children’s voices in both litigation
and mediation processes in Australian family law. It is proposed
that the time is now right for child-focused and child-inclusive
approaches, described in this and previous publications, to
become the default position in mediated disputes over children
following separation. The application of child-inclusive practice
to non-adversarial forms of litigation is also considered.