032: Family Law Across Continents – A Global Peek at Australia, the US, Japan, Italy, Germany, & Others with Justice Altobelli

Courts worldwide handle divorce and children differently, and Australia’s system is one today’s guest knows well.

On today’s episode of Children First Family Law, Krista welcomes Justice Tom Altobelli, a family law judge from Sydney, Australia, who has served as a leader of international organizations focusing on doing divorce better. Justice Altobelli is a former professor at Western Sydney University and has been on the bench since 2006, rising to the Federal Circuit and Family Court of Australia in 2020. In 2023, Justice Altobelli was appointed as a member of the Order of Australia in recognition of significant service to the law and legal education. He is also the author of many books and articles, focusing on children and the law.

Krista and Justice Altobelli’s conversation starts by highlighting his long career in family law, beginning with his experience as an attorney and then as a professor. Justice Altobelli outlines the court structure differences between the United States and Australia, the evidence rules Australia created for less adversarial court procedures, and dispute resolution rules that have changed since 2006. He explains Child Impact Reports that can aid in the dispute resolution process, the role of Independent Children’s Lawyers, and Australia’s unique process of triaging  families based on the circumstances of individual situations. Krista and Justice Altobelli discuss the oddities of the U.S. family court structure and Justice Altobelli’s work in understanding the effect that being caught in the divorce crossfire can have on children.

The structure of family courts may differ around the world, but Justice Altobelli underscores that people around the world seek to put children first and ensure they aren’t caught in their parents’ crossfire.

In this episode, you will hear:

• Justice Altobelli’s background as a former professor at Western Sydney University and attorney in Australia and his experience on the bench as a family court judge since 2006
• Court structure differences between the United States and Australia and other countries
• Evidence rules in Australia that create far less adversarial court procedures
• How these new rules have improved the speed and efficacy of family law cases
• Dispute resolution rules before 2006, and the change in the importance of mediation
• The focus on empowering, encouraging, and educating parents to settle cases about their children outside of a courtroom
• The blending of all issues in the dispute resolution process and the Child Impact Reports that arise out of this process
• Independent Children’s Lawyers and when they are assigned to a case
• Triaging cases based on the individual circumstances of each one
• The oddities of the U.S. family court structure and the influence of the emphasis on individual rights
• Why children generally don’t come to court in Australia
• Trends internationally in family law and the commonalities that countries often share
• Justice Altobelli’s work in understanding the effect of children being caught in the divorce crossfire 
•  The reality that fears persist from lawyers and judges regarding  loosening evidentiary rules in family law courts

 

Resources from this Episode

www.childrenfirstfamilylaw.com

All states have different laws; be sure you are checking out your state laws specifically surrounding divorce. Krista is a licensed attorney in Colorado and Wyoming but is not providing through this podcast legal advice. Please be sure to seek independent legal counsel in your area for your specific situation. 

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