Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
The need for proportionality and the ‘Covid impact’
Simon Wilkinson, Parklane PlowdenThe Covid-19 pandemic has infiltrated every aspect of our lives. Within the courts and tribunals service there has been a plethora of guidance since March 2020 which...
Local authority input into private law proceedings, part II
Mani Singh Basi, Barrister, 4 Paper BuildingsLucy Logan Green, Barrister, 4 Paper BuildingThis article considers the interplay between private and public law proceedings, focusing on the law relating...
Time for change (II)
Lisa Parkinson, Family mediation trainer, co-founder and a Vice-President of the Family Mediators AssociationThe family law community needs to respond to the urgent call for change from the...
How Can I Wed Thee? – Let Me Change the Ways: the Law Commission’s Consultation Paper on ‘Weddings’ Law (2020)
Professor Chris Barton, A Vice-President of the Family Mediators Association, Academic Door Tenant, Regent Chambers, Stoke-on-TrentThis article considers the Paper's 91 Consultation Questions...
Consultation on the proposed transfer of the assessment of all civil legal aid bills of costs to the Legal Aid Agency
The Ministry of Justice has launched a consultation on the proposed transfer from Her Majesty's Courts and Tribunals Service to the Legal Aid Agency of the assessment of all civil legal aid bills of...
View all articles
Authors

Common law judges and judicial interviewing [2011] CFLQ 41

Sep 29, 2018, 17:49 PM
Slug : common-law-judges-and-judicial-interviewing-2011-cflq-41
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Sep 8, 2011, 04:39 AM
Article ID : 95613

 

The practice of judicial interviewing of children in private law parenting disputes is well accepted in many civil law countries with an inquisitorial process of adjudication, but has proved highly controversial in a number of common law jurisdictions. Judicial interviewing, however, has a respectable pedigree in common law, and an inquisitorial flavour permeates family proceedings involving children. There are both risks and benefits attached to judicial interviewing, and the ultimate question is whether the benefits outweigh any risks. Two surveys of the New Zealand Family Court judges conducted in 2006 and 2009, spanning a period in which judicial interviewing became more routine, reveal that the judges in this common law jurisdiction have become more positive about the practice and less anxious about the risks.

Categories :
  • Articles
  • CFLQ
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from