The litigious and adversarial focus in family law systems to resolve parenting disputes is a growing concern both in Australia and internationally. At the core of these systems is the "best interests of the child" principle, a standard recognised by numerous international jurisdictions when determining parenting orders. In Australia, parenting disputes that reach the courts are resolved within an adversarial legal framework. This framework inherently positions parents as opposing parties, competing for caregiving rights. The adversarial nature of these proceedings often shifts focus away from the child, potentially marginalising their voice and compromising their best interests.
Research has consistently explored the concept of the "best interests of the child" in family law, with ongoing efforts to reform and improve the systems that govern these decisions. However, there has been insufficient examination of the adversarial process itself and its broader implications for children's rights. This paper aims to fill that gap by critically analysing the adversarial system's impact on children’s rights and interests, particularly in terms of how decision-making processes may contribute to human rights breaches.
Through a detailed examination of existing practice, this paper will assess whether the current legal structures in Australia adequately prioritise the rights of children or perpetuate a system that inadvertently decentralises their needs. By aligning research on children's rights with critiques of adversarial processes, this paper seeks to foster a more holistic understanding of how legal reforms might better serve the interests of children and families in complex parenting disputes. These findings will be of value to similar adversarial family law systems internationally.

A study conducted with professionals in the family support legal (FSL) sector, alongside parents and adult children, aimed to provide insights for improving the German FSL system. The study's focus was on gathering perspectives from those most familiar with the system: professionals and clients, especially children. This initiative followed a 2022 study on children's well-being and health as adults, which revealed that family support professionals had little impact on life satisfaction or health outcomes in adulthood. However, children’s qualitative feedback about the FSL sector was predominantly negative.
The second study aimed to explore this contradiction. It found that clients’ views of the FSL system remained negative, while professionals were less critical but lacked enthusiasm. They identified key issues needing reform, including coordination, motivation, funding, and public image, and expressed reluctance to recommend the sector to their relatives.
A multi-perspective analysis revealed deeper problems within the system. The legal framework, which is crucial to family and children's rights, was not originally designed with children's best interests in mind. This objective was added later, leading to structural issues that are now often irrelevant or counterproductive. The study concluded that the FSL system requires significant restructuring to better protect children and their families.