Relational Aspects in the Regulation of Systems for Protecting Children

Communities, Children and Families Australia, Vol. 4, No. 1, pp. 31-35, 2009

Sydney Law School Research Paper No. 10/98

6 Pages Posted: 21 Oct 2010

See all articles by Judith Cashmore

Judith Cashmore

The University of Sydney - Faculty of Law

Date Written: October 19, 2010

Abstract

One of the key points Braithwaite, Harris and Ivec (this issue) make is that the formal child protection system, with its largely coercive approach, intrudes upon and discourages the informal regulatory and self-regulatory processes in families and communities. An essential element of these processes is the way relationships are managed, and these relational aspects are the focus of this commentary. Relational features are central to several aspects of regulation outlined by Braithwaite et al. (this issue) – the purpose, consequences and manner of intervention of formal regulatory processes in the child protection system. In particular, providing families and children affected by the decision-making process a chance to be heard; protecting children’s relationships with those who are important to them; and building networks around children in care are essential relational features of a system that is respectful and supportive.

Keywords: relational processes, participation, alternative dispute resolution, procedural justice

JEL Classification: K10, K30

Suggested Citation

Cashmore, Judith, Relational Aspects in the Regulation of Systems for Protecting Children (October 19, 2010). Communities, Children and Families Australia, Vol. 4, No. 1, pp. 31-35, 2009, Sydney Law School Research Paper No. 10/98, Available at SSRN: https://ssrn.com/abstract=1694880

Judith Cashmore (Contact Author)

The University of Sydney - Faculty of Law ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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