What is it about?
The article looks at the intersections between private law (the family law system) and the public law (children's courts) and statutory child protection systems. It shows how evidence is used, and the gaps and areas of concern when attempting to find and use evidence to address safety issues for children who are affected by their parents' family law matters.
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Why is it important?
Knowledge of how evidence works, in the intersecting systems, can help with keeping a focus on the safety of children whose parents are experiencing separation/divorce and where concerns about safety are raised by one or both parents.
Perspectives
Systems persectives are important. Looking from the outside, it is easy to wonder why family law systems don't do a better job of protecting children and investigating safety concerns. Understanding the legislative remit, and limits of their investigatory powers and the intersection with other systems (child protection and state children's courts) is critical.
Daryl Higgins
Read the Original
This page is a summary of: “Sex, Lies and Videotapes”: Gathering and Assessing Evidence of Child Abuse in Family Law Cases, Psychiatry Psychology and Law, August 2010, Taylor & Francis,
DOI: 10.1080/13218710903566938.
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