000 02143nab a2200277Ia 4500
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
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