Social science and family law: From fallacies and fads to the facts of the matter

This article examines some of the fallacies and fads regarding social science 'evidence' that can get in the way of the facts. As such, it has bearing on the broader question of how social science 'evidence' is to be used in family law matters. It looks at: the historically contextualised and ever-changing nature of knowledge; some myths of uniformity and common misinterpretations of developmental science; and the primacy of discernment and judgement when assessing the facts of the matter, including the weight to be placed on social science evidence. This article was originally published in the recent book 'Families, policy and the law: Selected essays on contemporary issues for Australia', published by the Australian Institute of Family Studies in 2014.