Seeking solutions in private law, not justice

Martin Dancey Associate member 3PB

In Seeking Solutions in Private Law not Justice His Honour Martin Dancey considers the imperative for a solutions-based process in private law cases. The article considers the experience of separating parents in an adversarial private law process and the harmful impact of enduring and unresolved parental conflict on their children. While safety must always be the priority for many separating parents a co-operative parenting pathway avoiding court where possible is less costly both financially and emotionally. However separating parents need access to coherent and accessible resources occasionally provided through family hubs in order to avoid resorting to court.

Recent cases indicate a judicial understanding of the human condition and that what may be seen as challenging behaviour by parents is often no more than a normal and understandable response in a highly stressful personal situation and over-stressed system. Amongst the skills family professionals need to respond to this are the ability to listen well and to think carefully about the language we use which can inflame or sooth.

The article invites family professionals to remind themselves of...

Read the full article here.