‘Boy, 15, Divorces Parent’: Irreconcilable Difference Applications in Victoria

The provision in Victoria's child welfare legislation, which allows parents or children to apply to the Children's Court on the ground of irreconcilable differences, is examined in the light of a much publicized case in Melbourne. Similar legislation exists elsewhere in Australia, and in New Zealand. The number of irreconcilable difference applications has declined in recent years due to the provision of counselling. A few cases still reach court. It is argued that legal proceedings serve little useful function. Cases of family breakdown are better handled by the provision of services including alternative accommodation, without a change in the child's legal status.