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GENDER BIAS IN LAWYERS’ AFFIDAVITS TO THE FAMILY COURT OF AUSTRALIA
Author(s) -
Hinds Robert W.,
Ruth Bradshaw E.
Publication year - 2005
Publication title -
family court review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.171
H-Index - 4
eISSN - 1744-1617
pISSN - 1531-2445
DOI - 10.1111/j.1744-1617.2005.00045.x
Subject(s) - argument (complex analysis) , feeling , psychology , law , content (measure theory) , family court , child custody , social psychology , minor (academic) , political science , medicine , mathematics , mathematical analysis
This study investigated the content of lawyers’ affidavit material presented to the court in a small sample of custody and visitation cases. The aim was to identify factors lawyers perceived as significant to the judicial decision‐making process. Results revealed that solicitors focussed primarily on the interparental conflict. Descriptions of children, feelings, behaviours, and attachments formed a minor part of their argument. A more detailed analysis revealed that the gender of the solicitor defined the nature, length, and emotional content of the argument to the court. This was especially true in cases involving domestic violence. Implications for the education of lawyers were considered.