Judicial Conversations with Children in Parenting Disputes: The Views of Australian Judges

Abstract:     
In an article in the last issue of this Journal, we reported on a study of parents' and children's views about whether they would like judges to talk with children in chambers. This article reports on a related study of the views of Australian judges concerning the issue. It explores the reasons that judges gave for being opposed to or cautiously in favour of having conversations with children before and after making their decisions. On the basis of these views, and the views of the parents and children discussed in the earlier article, we propose guidelines on when and how judges should engage in ‘conversations’ with children in chambers if they consider it appropriate to do so.

Accepted Paper Series