Journal Article

Australia's Fragmented Family Law System: Jurisdictional Overlap in the Area of Child Protection

Fiona Kelly and Belinda Fehlberg

in International Journal of Law, Policy and the Family

Volume 16, issue 1, pages 38-70
Published in print April 2002 | ISSN: 1360-9939
Published online April 2002 | e-ISSN: 1464-3707 | DOI: http://dx.doi.org/10.1093/lawfam/16.1.38
Australia's Fragmented Family Law System: Jurisdictional Overlap in the Area of Child Protection

More Like This

Show all results sharing these subjects:

  • Family Law
  • Marriage and the Family

GO

Show Summary Details

Preview

This article presents the findings of an empirical study of cases of jurisdictional overlap in the area of child protection.1 The study comprised a qualitative analysis of two samples of cases: one drawn predominantly from the Melbourne Children's Court in Victoria (n = 113); the other, from the Canberra Children's Court in the Australian Capital Territory (‘ACT’) (n = 10). Cases from each sample were then tracked in the federal Family Court of Australia. The dominant finding from the study was that in over two thirds of the cases the relevant child protection authority withdrew from the Children's Court proceedings and moved the matter from the Children's Court to the Family Court. This was done on the basis that a ‘viable carer’ had been identified and that carer had obtained, applied for, or was willing to apply for Family Court orders.

Journal Article.  0 words. 

Subjects: Family Law ; Marriage and the Family

Full text: subscription required

How to subscribe Recommend to my Librarian

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.