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  • Social scientists operating in the law: a case study of family assessment experts in the Australian family law system

    Author(s)
    Rathus, Zoe
    Griffith University Author(s)
    Rathus, Zoe S.
    Year published
    2021
    Metadata
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    Abstract
    Although the role of social science research in the family law system has been the subject of scholarly research for some time, less attention has been paid to how operating within the legal system might influence the work of social science and related expert witnesses who perform in that space. This article reports on interviews with family report writers, social science or similar expert witnesses, who provide assessments for the Australian family courts in contested cases about post-separation children’s arrangements. It explores the impact of the law, or how those professionals perceive the law is applied, and the ...
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    Although the role of social science research in the family law system has been the subject of scholarly research for some time, less attention has been paid to how operating within the legal system might influence the work of social science and related expert witnesses who perform in that space. This article reports on interviews with family report writers, social science or similar expert witnesses, who provide assessments for the Australian family courts in contested cases about post-separation children’s arrangements. It explores the impact of the law, or how those professionals perceive the law is applied, and the complexity of the family law system on these expert witnesses, particularly when working with families with allegations of domestic and family violence. The study shows that the participants are deeply acculturated to the legal system. They know how to speak its language and are aware of the different audiences they speak to including the court, the lawyers and the parents. Although an understanding of the legal context is essential for expert witnesses, the study suggests that the legal system, and their experience of it, may influence their assessment framework, affect their recommendations, and consequently impact parenting orders. Although this article investigates the situation in Australia, the results raise questions for similar family law jurisdictions which rely on family assessment reports.
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    Journal Title
    International Journal of Law, Policy and the Family
    Volume
    35
    Issue
    1
    DOI
    https://doi.org/10.1093/lawfam/ebab051
    Subject
    Law and legal studies
    family report writers
    social science
    Australian family courts
    family law system
    assessment framework
    Australia
    family assessment report
    Publication URI
    http://hdl.handle.net/10072/411251
    Collection
    • Journal articles

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