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
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
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
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
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
Repeated questions in children's event recall: Testing competing explanations. One of the threats to a healthy start in life for Australian children, and one which imposes substantial financial and emotional cost on the Australian community, is child abuse and neglect. This project addresses a key stumbling block in obtaining evidence from child victims/witnesses - their tendency to give inconsistent testimony under repeated questioning. It seeks to understand the conditions under which inconsis ....Repeated questions in children's event recall: Testing competing explanations. One of the threats to a healthy start in life for Australian children, and one which imposes substantial financial and emotional cost on the Australian community, is child abuse and neglect. This project addresses a key stumbling block in obtaining evidence from child victims/witnesses - their tendency to give inconsistent testimony under repeated questioning. It seeks to understand the conditions under which inconsistency is minimized, as a basis for developing empirically and theoretically based ways to optimise the accuracy and legal utility of children's testimony. Read moreRead less
Understanding Promises: Legal and Everyday Implications. This research will lead to a better understanding of the effects of keeping and breaking promises in different contexts. It will examine their potential beneficial function in peer relationships and their propensity to increase the quality of children's testimony. Keeping promises may be appropriate for fostering friendships but may have serious consequences when the information that is kept secret involves child abuse, for example. Inform ....Understanding Promises: Legal and Everyday Implications. This research will lead to a better understanding of the effects of keeping and breaking promises in different contexts. It will examine their potential beneficial function in peer relationships and their propensity to increase the quality of children's testimony. Keeping promises may be appropriate for fostering friendships but may have serious consequences when the information that is kept secret involves child abuse, for example. Information from this research is expected to contribute to more positive peer relationships and to children's honest disclosures of adult's (e.g. child abuse) and peer's (e.g. bullying) transgressive conduct.Read moreRead less
Challenges, Possibilities and Future Directions: A National Assessment of Australia's Children's Courts. Children's Courts occupy a unique position in the child welfare and juvenile justice systems in responding to often marginalized delinquent youth and vulnerable children and families. Philosophical and structural shifts in Australia and overseas suggest community and legal system responses are often ineffective and contribute to longer-term problems, creating social challenges for governments ....Challenges, Possibilities and Future Directions: A National Assessment of Australia's Children's Courts. Children's Courts occupy a unique position in the child welfare and juvenile justice systems in responding to often marginalized delinquent youth and vulnerable children and families. Philosophical and structural shifts in Australia and overseas suggest community and legal system responses are often ineffective and contribute to longer-term problems, creating social challenges for governments and communities alike. This national study will examine how key stakeholders, including, significantly, judicial officers, view the Children's Court's contemporary responses and challenges, their preferred alternatives responses and the viability of suggested reforms, thus offering a unique contribution to informing legal and social policy change.Read moreRead less