Abstract

This thesis explored the significance of and the intended purpose of the child custody law 2006 child 'voice' provision amendments to the Family Law Act of ascertaining a child's view instead of a child's wish. This thesis conducted both doctrinal and qualitative analysis to examine whether parliament intended that the amendment would translate to a change in statutory meaning which should in turn change the way Independent Children's Lawyers and Judges practiced. This thesis recommended legislative amendments to the Family Law Act to facilitate a clearer legislative pathway for a child's voice to be heard in parenting disputes.

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