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Lawyers’ view of decision-making in child protection matters: The tension between adversarialism and collaborative approaches.

Walsh, Tamara
June 4, 2015

Source: (2012) Monash University Law Review. 38(2):181-211.

Outcomes in child protection cases impact substantially on children
and families. Decisions in child protection matters must, therefore, be
made with due caution and sensitivity. In order for the best outcomes
to be achieved for children and their families, research suggests that
decisions should be made collaboratively, and proceedings should be
less adversarial in nature. At the same time procedural rules should be
rigorously adhered to when decisions ofa serious nature are being made,
particularly where State interference in individuals’ lives has occurred
or is being contremplated Thus, there is a tension in the child protection
context between the use of informal dispute resolution methods, and the
need to safeguard the rights of children and families. This tension is
explored in this paper, with particular reference to the principles ofnatural
justice and the rules of evidence. The discussion is informed by empirical
research undertaken with child protection lawyers in Queensland The
authors conclude with some suggestions for reform which reflect the ideal
of collaboration without compromising the need for procedural fairness. (excerpt)

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