000 03118nam a22003257a 4500
999 _c5929
_d5929
005 20250625151454.0
008 180801s2018 xxu||||| |||| 00| 0 eng d
020 _a978-1-76016-187-3 (Online)
020 _a978-1-76016-187-3 (Online)
040 _aAFVC
100 _aCarson, Rachel
_95606
245 _aDirect cross‑examination in family law matters :
_bincidence and context of direct cross‑examination involving self-represented litigants
_cRachel Carson, Lexia Qu, John de Maio and Dinika Roopani
260 _aMelbourne, Vic :
_bAustralian Institute of Family Studies,
_c2018
300 _aelectronic document (70 pages) ; PDF file ; HTML version available
520 _aThis report sets out findings from the Direct Cross-examination in Family Law Matters project, which was commissioned and funded by the Australian Government, Attorney-General's Department. The project explores quantitative and qualitative data relevant to direct cross-examination involving self-represented litigants in family law matters, derived from court files and audio and transcripts of proceedings, collected from the Family Court of Australia (FCoA) and the Federal Circuit Court of Australia (FCCoA), together with an analysis of relevant unreported judgments of the Family Court of Western Australia (FCoWA). The data analyses were undertaken to explore: - the extent to which direct cross-examination was a feature of matters involving self-represented litigants in families characterised by alleged or substantiated family violence; and - the factual and legal context characterising these family law matters as compared to those matters where direct cross-examination involving self-represented litigants did not take place. The analyses highlight that the most common form of direct cross-examination was one where fathers directly cross-examined the mother only.(1) The data also show that there were higher rates of allegations of family violence against both parties in court files where direct cross-examination occurred. The data suggest that specific safeguards were typically not in place when direct cross-examination was permitted. If specific safeguards were in place, the most common forms involved judicial officers actively intervening to relay questions. A description of the sample characteristics and key findings from the quantitative analysis of the court files are summarised below. (Executive summary). Record #5929
650 _9252
_aFAMILY VIOLENCE
650 _aDOMESTIC VIOLENCE
_9203
650 _aFAMILY COURT
_9241
650 _aFAMILY LAW
_9244
650 _aFATHERS
_9254
650 _aJUSTICE
_9333
650 _aMOTHERS
_9392
651 4 _aAUSTRALIA
_92597
700 _aQu, Lexia
_97732
700 _ade Maio, John
_93656
700 _aRoopani, Dinika
_97731
856 _uhttps://aifs.gov.au/sites/default/files/publication-documents/1806_direct_cross-examination_in_family_law_matters_report_0.pdf
856 _uhttps://aifs.gov.au/research/research-reports/direct-cross-examination-family-law-matters8ab6ba59a6-193855317
_yAccess the website
942 _2ddc
_cREPORT