Curtin University Homepage
  • Library
  • Help
    • Admin

    espace - Curtin’s institutional repository

    JavaScript is disabled for your browser. Some features of this site may not work without it.
    View Item 
    • espace Home
    • espace
    • Curtin Research Publications
    • View Item
    • espace Home
    • espace
    • Curtin Research Publications
    • View Item

    I Wish the Views were Clearer: Children's Wishes and Views in Australian Family Law

    Access Status
    Fulltext not available
    Authors
    Campbell, Alan
    Date
    2013
    Type
    Journal Article
    
    Metadata
    Show full item record
    Citation
    Campbell, A. 2013. I Wish the Views were Clearer: Children's Wishes and Views in Australian Family Law. Children Australia. 38 (4): pp. 184-191.
    Source Title
    Children Australia
    DOI
    10.1017/cha.2013.28
    ISSN
    1035-0772
    URI
    http://hdl.handle.net/20.500.11937/40560
    Collection
    • Curtin Research Publications
    Abstract

    In 2006, legislative changes were made to the Australian Family Law Act 1975. These changes included a revision of the matters that must be considered when determining children's best interests following parental separation, at Section 60CC. This section lists two ‘primary considerations’, which relate to the child's having a ‘meaningful relationship’ with both parents and ensuring that children are safe in their interactions with their parents and others in their lives. The first of the ‘Additional considerations’ under Section 60CC concerns ‘any views expressed by the child and any factors (such as the child's maturity or level of understanding) that the court thinks are relevant to the weight it should give to the child's views’. This consideration differs from that in the pre-2006 Act, which referred to a child's ‘wishes’ rather than her/his ‘views’. There is evidence, however, that those working in the family law system may not yet have made the shift towards understanding what these changes may entail.In this article I explore the differences between the concepts of ‘wishes’ and ‘views’ as they relate to children in family law matters. I argue that these concepts are qualitatively different, and that children's ‘views’ are far more encompassing than their ‘wishes’. Moving to a far broader understanding of children and their ability to understand issues that directly affect their lives may lead to the development of more comprehensive decisions about their futures.

    Related items

    Showing items related by title, author, creator and subject.

    • Frequent nocturnal awakening in early life is associated with nonatopic asthma in children
      Kozyrskyj, A.; Kendall, Garth; Zubrick, Stephen; Newnham, J.; Sly, Peter (2009)
      Frequent nocturnal awakening in early life is associated with nonatopic asthma in children Holdings more options Author(s): Kozyrskyj AL (Kozyrskyj, A. L.)1,2, Kendall GE (Kendall, G. E.)3,4,6, Zubrick SR ...
    • Children and the Fly-in/Fly-out lifestyle : employment-related paternal absence and the implications for children
      Bradbury, Greer Susan (2011)
      There has been growing interest in the implications of paternal fly-in/fly-out employment (FIFO) for families and children. The current research had a dual aim, first to investigate children’s well-being in relation to ...
    • Time pressure and the wellbeing of parents with young children in Australia
      Johnson, Sarah E. (2010)
      Parental time pressure, in terms of actual workload and subjective reports, is high and likely to increase in the future, with ongoing implications for personal wellbeing. The combination of parenting young children and ...
    Advanced search

    Browse

    Communities & CollectionsIssue DateAuthorTitleSubjectDocument TypeThis CollectionIssue DateAuthorTitleSubjectDocument Type

    My Account

    Admin

    Statistics

    Most Popular ItemsStatistics by CountryMost Popular Authors

    Follow Curtin

    • 
    • 
    • 
    • 
    • 

    CRICOS Provider Code: 00301JABN: 99 143 842 569TEQSA: PRV12158

    Copyright | Disclaimer | Privacy statement | Accessibility

    Curtin would like to pay respect to the Aboriginal and Torres Strait Islander members of our community by acknowledging the traditional owners of the land on which the Perth campus is located, the Whadjuk people of the Nyungar Nation; and on our Kalgoorlie campus, the Wongutha people of the North-Eastern Goldfields.