Mapping the use of social science in Australian courts
The example of family law children’s cases
Bibliographic Data
| ID | 14970937 |
|---|---|
| Authors | Zoe Rathus (0000-0002-7950-1734, Griffith University Law School, Nathan, Australia, corresponding author) |
| Year | 2016 |
| Volume | 25 |
| Issue | 3 |
| Pages | 352-382 |
| Publication date | 2016-07-02 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Griffith Law Review (JOURNAL) |
| Journal identifiers | ISSN: 1038-3441 • E-ISSN: 1839-4205 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/10383441.2016.1252005 |
| OpenAlex | W2571460762 |
| Language | EN |
| Citations received | 4 |
| References cited | 39 |
This 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
Doctrine · Family court · Family law · Mediation · Political science · Project commissioning · Publishing · Sociology · Family Dynamics and Relationships · Law · Marriage and Sexual Relationships · Multicultural Socio-Legal Studies
Beyond the best interests of the child
Marriage, Divorce, Remarriage
Family Law Reform in Australia, or Frozen Chooks Revisited Again
The Dangers of Shared Care Legislation
The Role of Social Science in Australian Family Law
Judicial notice
The effects of observing conjugal violence on children
Cautionary notes on the shared care of children in conflicted parental separation
The use and abuse of social science research evidence in children’s cases
Woozles
Responding to concerns about a study of infant overnight care postseparation, with comments on consensus
The High Court and Judicial Notice
Social Workers and Psychologists as Family Court Counsellors Within the Family Court of Australia
Child Welfare within Law
The origins of attachment theory
The experience of children in a joint-custody arrangement
Social science and parenting plans for young children
The Life Course of Children of Divorce
Nonresident Fathers and Children's Well-Being
The Impact of Divorce on Children
| Unique citing works | 4 |
|---|---|
| Citations per year | 0,4 |
| Citation span | 2016 - 2024 (9) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 4 |