Judicial Interviews of Children: Research and Resistance to Change

There continues to be controversy about children’s participation in decision-making post-separation and divorce, in particular, about whether and how judges should meet children who are the subject of family disputes between their parents. Judicial meetings with children are now an accepted practice in Germany, Israel, New Zealand as well as some provinces and states in North America (e.g., Ohio and Quebec). 

Prof. Bala will discuss research that he and colleagues have undertaken that identifies concerns of judges and lawyers in jurisdictions where the practice is rare, such as the potential for “trauma” to children from meeting a judge.  Studies from jurisdictions where the practice is common establish that judges, lawyers and children recognize the value of judicial meetings with children, for the courts, parents and children. 

Research reveals that children are not harmed, and almost always appreciate the experience, and that judges find it beneficial.  While research clearly establishes the value of the practice, there continues to be opposition from judges, lawyers and mental health professionals, including in Australia, who have no experience with judicial interviews.  Prof. Bala will explore the broader issues of professional resistance to change in the justice system, and suggests how it can be addressed, at least in this context.