The Family Court generally operates in a theoretical vacuum, probably because its concerns are at the more pragmatic level of coping with the deluge of emotionally charged cases requiring its attention. However, the conceptual model acknowledges the influence of existing jurisprudential and psychological theories on the nature of the law and the assessment and understanding of child development and family dynamics. What the model adds are the sociocultural,
ecological and sociological theories outlined in chapter five as offering a promising theoretical framework for the Family Court and professionals' styles of practice with family members. These discourses are consistent with the court's recently enhanced focus on children's agency and participation, and on its desire for an early collaborative and interdisciplinary response to family transitions. They can also help to underpin those new child-inclusive models of
practice to which the New Zealand Family Court must shortly turn its attention, and for which the sociocultural concept of scaffolding will be highly relevant.
The tensions discussed throughout this thesis are an important component of the new conceptual model for they depict those cutting-edge issues facing the Family Court as it strives to resolve its ideal future role. I have identified five tensions: whether or not conciliation services should remain within or external to the Family Court; whether the Family Court is a social agency or a court of law; how a balance is achieved between the application of presumptions (rules) and a discretionary approach to individual family circumstances and the welfare and best interests of each child; how children's agency and right to express a view and to participate in family and court decision-making processes also recognises their dependency on adults (especially parents) and need for safety, security and protection; and, finally, how the Family Court can straddle the efficient delivery of its services without compromising their effectiveness. Addressing these tensions is critical if the New Zealand Family Court is to remain a world leader.