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Abstract
The rationale of the Family Law Act (Cth) 1975 is inter alia to dispense with the concept of fault in matrimonial causes and to give greater recognition to the rights of children. Currently, some members of the judiciary continue to decide custody disputes by evaluating the relative merits of the parents. In part this is due to the fact that insufficient evidence is put before the court. In order to overcome this deficiency it is suggested that each child who is the subject of a custody dispute should be independently represented by a lawyer, the latter to act on instructions prepared by psychiatrists, social workers and/or psychologists.