000 | 02143nab a2200277Ia 4500 | ||
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001 | 114177 | ||
005 | 20250625151148.0 | ||
008 | 110331s2006 eng | ||
022 | _a1173-5864 | ||
040 |
_aWSS _dAFV |
||
100 |
_aTapp, Pauline _92187 |
||
245 |
_aJudges are human too : _bconversation between the judge and a child as a means of giving effect to section 6 of the Care of Children Act 2004 _cTapp, Pauline |
||
260 |
_aAuckland _bLegal Research Foundation _c2006 |
||
365 |
_a00 _b0 |
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520 | _aThis 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'. | ||
650 | 2 | 7 |
_2FVC _aCHILDREN _9127 |
650 | 2 | 7 |
_2FVC _aFAMILY COURT _9241 |
650 | 2 | 7 |
_2FVC _aINTERVENTION _9326 |
650 | 2 | 7 |
_2FVC _aJUSTICE _9333 |
650 | 2 | 7 |
_2FVC _aPOLICY _9447 |
500 | _aNew Zealand Law Review (1) 2006 : 35-74 | ||
650 | 2 | 7 |
_9336 _aLAW _2FVC |
650 | 2 | 4 |
_aCONTACT (ACCESS) _929 |
773 | 0 | _tNew Zealand Law Review (1) 2006 : 35-74 | |
942 |
_2ddc _cARTICLE |
||
999 |
_c1999 _d1999 |