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dc.contributor.authorZoe, Rathus AM
dc.date.accessioned2019-03-14T23:22:10Z
dc.date.available2019-03-14T23:22:10Z
dc.date.issued2016
dc.identifier.issn1038-3441
dc.identifier.doi10.1080/10383441.2016.1252005
dc.identifier.urihttp://hdl.handle.net/10072/100904
dc.description.abstractThis article provides a partial map of the history of the use of social science in children’s cases in Australia’s family courts. The study was conducted by searching for the names of a range of well-known social scientists, research agencies and social science phrases in the published case databases available from the commencement of the Family Court of Australia in 1976 to the end of 2015. The main focus is on judges’ use of social science literature, although the use of unreferenced social science was also rendered visible by the study, as was the use of social science by actors other than judges. The study demonstrates that there is no clear legal principle or doctrine which allows judicial referencing of extrinsic literature in most situations. The results also show that the social science being cited in the courtroom tends to follow what is being discussed in the wider family law community at family law practitioner conferences, at mediation centres and counselling services and in lawyers’ offices. However, examination of a number of selected cases suggests that judges might particularly turn to social science literature when the law does not cover the circumstances of the family before them.
dc.description.peerreviewedYes
dc.languageEnglish
dc.publisherGriffith University Law School
dc.relation.ispartofpagefrom352
dc.relation.ispartofpageto382
dc.relation.ispartofissue3
dc.relation.ispartofjournalGriffith Law Review
dc.relation.ispartofvolume25
dc.subject.fieldofresearchFamily Law
dc.subject.fieldofresearchLaw
dc.subject.fieldofresearchcode180113
dc.subject.fieldofresearchcode1801
dc.subject.keywordsJudicial decision-making
dc.subject.keywordsSocial science
dc.subject.keywordsFamily law
dc.subject.keywordsExtrinsic material
dc.subject.keywordsParental alienation
dc.subject.keywordsShared parenting
dc.titleMapping the use of social science in Australian courts: the example of family law children's cases
dc.typeJournal article
dc.type.descriptionC1 - Articles
dc.type.codeC - Journal Articles
gro.facultyArts, Education & Law Group, School of Law
gro.hasfulltextNo Full Text
gro.griffith.authorRathus, Zoe S.


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