What is a less adversarial trial?
The Family Court takes a less adversarial approach to trials in child-related proceedings. The Family Law Act 1975 mandates this approach in Division 12A of Part VII. This means a trial in a child-related proceeding:
- is focused on the children and their future
- is flexible so that it can meet the needs of particular situations
- is anticipated to be less costly compared to traditional trials and will save time in court, and
- is less adversarial and less formal than is usually the case in a court.