Journal article
Children’s Participation in Family Law Proceedings: Are We (Still) Not Listening?
Australian Family Lawyer, Vol.32(1), pp.33-37
06/2023
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Abstract
The Family Law Act 1975 (Cth) (‘the Act’) adopts a protective approach to involving children in decision-making about their best interests. Children cannot give evidence or be present in court during proceedings unless the court gives leave (s 100B). The court may inform itself of any views expressed by a child (s 60CC(3)(a)) by having regard to a family report; by making an order for independent legal representation of the child’s interests; or ‘by such other means as the court thinks appropriate’ (s 60CD). Yet nothing in Part VII of the Act ‘permits the court or any other person to require the child to express [their] views in relation to any matter’ (s 60CE). Children have reported feeling that family law system
professionals do not listen to, consider or care about their views. Despite their recent calls for ‘a bigger voice more of the time’ in decision-making processes, little progress has been made to improve children’s experiences of participation.
This article discusses the proposed amendments to the Act, as contained in the Family Law Amendment Bill 2023 (Cth), that will shape children’s right to participate in proceedings. It concludes that, overall, the proposed reforms represent a missed opportunity to embed children’s direct, unfiltered voices into the framework for determining children’s best interests.
Details
- Title
- Children’s Participation in Family Law Proceedings: Are We (Still) Not Listening?
- Creators
- Georgina Dimopoulos (Author) - Southern Cross University, Law
- Publication Details
- Australian Family Lawyer, Vol.32(1), pp.33-37
- Publisher
- Law Council of Australia
- Identifiers
- 991013174013302368
- Academic Unit
- Centre for Children and Young People; Faculty of Business, Law and Arts; Law
- Language
- English
- Resource Type
- Journal article