Children's needs compromised in the construction of their 'best interests'

Key findings of an in-depth qualitative analysis of how judges from one registry of the Family Court of Australia constructed the best interests of the child reveal a dominant paradigm of an idealised post separation family that marginalised children's exposure to domestic violence. The failure by social science and legal experts to understand the risks to children from violent families and the failure to prioritise their right to protection from violence and abuse raises concerns about the politicised context of Australian family law that continues to promote cooperative, ongoing post separation parenting. It is, therefore, crucial to scrutinise the operation of patriarchal philosophy and how the special needs of children from violent families are managed in Australian family law.