Relocation after parental separation: a longitudinal study. This project is to examine the long-term outcomes of relocation disputes, when one parent after separation wants to move far away with the children against the opposition of the other parent. The study is of great international importance, as these disputes have become so numerous and difficult to resolve. The results of the study will enhance Australia's international reputation as a leader in family law innovation and research. The na ....Relocation after parental separation: a longitudinal study. This project is to examine the long-term outcomes of relocation disputes, when one parent after separation wants to move far away with the children against the opposition of the other parent. The study is of great international importance, as these disputes have become so numerous and difficult to resolve. The results of the study will enhance Australia's international reputation as a leader in family law innovation and research. The national benefits will include better information for courts in making relocation decisions and an evidence-base for the Government to make legislative changes if needed.Read moreRead less
Children's involvement in decision-making about residence and contact in family law proceedings. This project aims to discover the extent to which children and young people are involved in decision-making about residence and contact when their parents divorce, and to examine how their views are taken into account. It will involve interviews with children and parents about agreements reached without court involvement, and interviews with children, parents, counsellors, separate representatives a ....Children's involvement in decision-making about residence and contact in family law proceedings. This project aims to discover the extent to which children and young people are involved in decision-making about residence and contact when their parents divorce, and to examine how their views are taken into account. It will involve interviews with children and parents about agreements reached without court involvement, and interviews with children, parents, counsellors, separate representatives and judges in cases with court involvement. The findings will result in greater understanding of the factors that affect children's willingness and capacity to be involved in such decision-making and assist counsellors, judges and other court personnel in ascertaining and assessing children's wishes.Read moreRead less
Relocation after parental separation and the best interests of children. The project is of importance not only for Australia, but internationally, because relocation disputes are a pressing issue around the world in family law. These disputes have become numerous as laws have changed in recent years to reflect the ideal that parents should share responsibility after separation and that children should have regular contact with both of them. This ideal clashes with the promise of divorce that ind ....Relocation after parental separation and the best interests of children. The project is of importance not only for Australia, but internationally, because relocation disputes are a pressing issue around the world in family law. These disputes have become numerous as laws have changed in recent years to reflect the ideal that parents should share responsibility after separation and that children should have regular contact with both of them. This ideal clashes with the promise of divorce that individuals should be able to live their own lives without being unduly bound by ties to the other parent.This will be the world's first such prospective longitudinal study of the outcomes of relocation decisions. The national benefits will include better information for courts in making relocation decisions.Read moreRead less
Seeking Asylum Alone: The Treatment of Separated and Trafficked Children in Need of Refugee Protection in Australia. Forced migration is a critical human rights issue. Although increasing in number, children traveling on their own to seek protection abroad have received scant scholarly attention. No systematic research exists on the efficacy of asylum as a mechanism for protecting separated children smuggled or trafficked into Australia. Claims and experiences of such children will be catalog ....Seeking Asylum Alone: The Treatment of Separated and Trafficked Children in Need of Refugee Protection in Australia. Forced migration is a critical human rights issue. Although increasing in number, children traveling on their own to seek protection abroad have received scant scholarly attention. No systematic research exists on the efficacy of asylum as a mechanism for protecting separated children smuggled or trafficked into Australia. Claims and experiences of such children will be catalogued and studied to determine the extent and nature of the disadvantage they face within Australia's refugee system. The findings will contribute to an international project aimed articulating best practice guidelines for the legal treatment of separated children in refugee determination systems around the world.Read moreRead less
Family law and the indissolubility of parenthood. This project involves a comparative analysis of how different family law systems address the problems of post-separation parenting, in particular, the tension between the promise of post-separation autonomy and the need for continuing co-operation between parents. Changes in expectations about post-separation parenting are placing pressures on legal systems to play an ongoing role in dispute resolution and to find a balance between continuing con ....Family law and the indissolubility of parenthood. This project involves a comparative analysis of how different family law systems address the problems of post-separation parenting, in particular, the tension between the promise of post-separation autonomy and the need for continuing co-operation between parents. Changes in expectations about post-separation parenting are placing pressures on legal systems to play an ongoing role in dispute resolution and to find a balance between continuing contact and issues about the safety of women and children from family violence. By examining existing approaches, processes and law reform proposals in North America, Europe and elsewhere, proposals will be developed for systemic reform in Australia.Read moreRead less
Civilizing Divorce: Social Change, Law and the Transformation of Parenthood. The project will leave policy-makers, professionals, law reformers, and parents and their children themselves, better equipped to navigate their way through a major process of transformation in the way our intimate lives are structured. It will help take some of the 'heat' out of the child custody debate, to see current changes as an integral part of a broader process of change in our emotional relationships, and to br ....Civilizing Divorce: Social Change, Law and the Transformation of Parenthood. The project will leave policy-makers, professionals, law reformers, and parents and their children themselves, better equipped to navigate their way through a major process of transformation in the way our intimate lives are structured. It will help take some of the 'heat' out of the child custody debate, to see current changes as an integral part of a broader process of change in our emotional relationships, and to broaden the conceptual resources available to policy-making and law reform concerning post-separation child custody.Read moreRead less
Special Research Initiatives - Grant ID: SR0354736
Funder
Australian Research Council
Funding Amount
$30,000.00
Summary
Families, Law and Social Policy Research Network. The Federal Government's Family Law Pathways Advisory Group recommended that a national research agenda be developed for family law and social policy that focuses on the separation and divorce transition. For many families Commonwealth private family law and the public law of child protection and domestic violence, provides the setting in which this transition takes place. The proposed multidisciplinary network brings together researchers, policy ....Families, Law and Social Policy Research Network. The Federal Government's Family Law Pathways Advisory Group recommended that a national research agenda be developed for family law and social policy that focuses on the separation and divorce transition. For many families Commonwealth private family law and the public law of child protection and domestic violence, provides the setting in which this transition takes place. The proposed multidisciplinary network brings together researchers, policy makers and service providers in this area. Benefits include research better targeted to the needs of end-users, a stronger evidence base for complex practice, decreased fragmentation of research effort, and a base for research training.Read moreRead less
The Legal Function of Serious Disability in Prenatal and Neonatal Health Care Settings. Increasing numbers of Australians are using prenatal testing technologies to avoid having a disabled child. Australians also have access to a range of sophisticated life-sustaining technologies for premature newborns and seriously imperiled infants. Legal guidance on the appropriate uses of these technologies is piecemeal and inconsistent across Australia's States and Territories, and the meaning of serious ....The Legal Function of Serious Disability in Prenatal and Neonatal Health Care Settings. Increasing numbers of Australians are using prenatal testing technologies to avoid having a disabled child. Australians also have access to a range of sophisticated life-sustaining technologies for premature newborns and seriously imperiled infants. Legal guidance on the appropriate uses of these technologies is piecemeal and inconsistent across Australia's States and Territories, and the meaning of serious disability varies amongst members of the community. This project will benefit Australians by providing greater consistency in decision-making about disability. This will be achieved by assessing the value of a uniform framework for governing legal responses to serious disability in the context of reproduction.Read moreRead less
Diplomatic Knowledge, Disasters and the Future of International Legal Order. Gaps and divergences in diplomatic understanding of global social, economic, and environmental conditions make coordinated international action difficult, especially in response to natural disasters. This project aims to shed light on how diplomatic and consular personnel come to know what they know about global conditions, how the information infrastructure with which diplomats work may inform (or impede) coordinated i ....Diplomatic Knowledge, Disasters and the Future of International Legal Order. Gaps and divergences in diplomatic understanding of global social, economic, and environmental conditions make coordinated international action difficult, especially in response to natural disasters. This project aims to shed light on how diplomatic and consular personnel come to know what they know about global conditions, how the information infrastructure with which diplomats work may inform (or impede) coordinated international legal action, and what could be done to make that information infrastructure more robust and less prone to blindspots. Expected outcomes include practical suggestions for diplomats, helping to strengthen Australia’s capabilities in diplomacy, especially capacity to lead coordinated response to natural disasters.Read moreRead less
Small mercies, big futures: enhancing law, policy and practice in the selection, protection and settlement of refugee children and youth. This project will assist refugee youth and children who ultimately become Australian citizens or permanent residents. In so doing, it will help to maximise the social benefits that flow from immigration. The project will also help to reduce the risk of social dysfunction that flows from damage sustained in childhood. By raising awareness of issues involving ....Small mercies, big futures: enhancing law, policy and practice in the selection, protection and settlement of refugee children and youth. This project will assist refugee youth and children who ultimately become Australian citizens or permanent residents. In so doing, it will help to maximise the social benefits that flow from immigration. The project will also help to reduce the risk of social dysfunction that flows from damage sustained in childhood. By raising awareness of issues involving refugee children, the project will encourage Australians to become more responsive to children generally. Finally, the international exposure generated by the project will assist in restoring Australia's international reputation, which has been damaged by poor practices in relation to refugee youth and children in the past.Read moreRead less