This article is based on a paper presented by the author at the 4th Annual LexisNexis Child Law Conference, held in Auckland in March 2005. The article discusses judicial interviewing of children and traces the changing practice of this mechanism. Data is drawn on from the following: conversations with 14 Family Court judges and one judge of the High Court in December 2004; an analysis of 829 written judgments in family law matters undertaken by a multi-disciplinary team in 1999 and 2000; the author's analysis of 24 written judgments that mentioned a child's view delivered from 2001 to 2005 under the Guardianship Act 1968; and 24 written judgments delivered under the Care of Children Act (2004) between 1 July 2005 and 6 December 2005. It is argued that a 'team approach' is necessary if the Family Court is to give effect to the legislative instructions of the Care of Children Act (2004). This is in relation to regarding the welfare and best interests of a particular child in his or her particular circumstances as first and paramount, and taking account of any views a child has had the opportunity to express. The author concludes that a flexible approach is important, emphasising the importance of process in delivering 'justice'.

New Zealand Law Review (1) 2006 : 35-74