This report analyzes the extent to which children's views are considered in the making of parenting orders under the Family Law Act 1975 (Cth), including the potential for judicial interviews of children. It examines the legal framework, particularly sections 60CC(3)(a) of the FL Act, which mandates the court to consider children's views. The report discusses how courts obtain children's perspectives through family reports, independent children lawyers, and family consultants. It explores the rare instances where children are called as witnesses and the considerations involved. Furthermore, the report highlights the concept of judicial interviews, referencing cases like Reynolds v Reynolds and international examples. The analysis also covers recent Australian case law, such as Bondelmonte v Bondelmonte, and discusses dissenting opinions regarding judicial interviews. The report concludes that, while judges strive to consider children's best interests, there is a need for greater attention to the relevant and rational wishes of children in parenting disputes.
![[object Object]](/_next/static/media/star-bottom.7253800d.svg)
