A Cross-Discipline Approach to Family Law Children's Cases

Abstract

The current 'Family Law Act' 1975 (Cth) in Australia rests on the concept of cooperative parenting in regard to children's proceedings. It gives priority to continual involvement of both parents in children's lives after separation, while taking into consideration practical aspects of doing so, and whether or not this places children at risk. There is one major problem with this approach. If there have been high levels of conflict between the parents prior to applications being made to the court, and that conflict continues while parents attempt to co-parent because of court orders, there could be more damage done to the children according to literature on conflict. Human needs theory as it relates to conflict resolution indicates that it is the absence of human needs being fulfilled that is the cause of conflict at all levels of life. If these needs are not fulfilled then the conflict will continue. "Needs" should always be distinguished from "wants". During current court proceedings, it is usually client's "wants" that the lawyers are trying to achieve as "needs" are often difficult to identify.