Family court custody battles: Children’s Commissioner calls for kids to get a greater say

CHILDREN and teenagers should be given a greater say in family court matters including issues over custody, amid growing fears their concerns are not being aired, South Australia’s Children’s Commissioner says.

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CHILDREN and teenagers should be given a greater say in family court matters including issues over custody, amid growing fears their concerns are not being aired, South Australia’s Children’s Commissioner says.

Helen Connolly, who is the state’s first Commissioner for Children and Young People, has urged a Federal Parliament committee to consider her concerns as part of a review into family law matters.

The commissioner will also prepare a report, to help guide next steps, about the issue that emerged during a listening tour of SA, where she spoke to 1419 children and young people about what is important to them.

“What you are going through is already pretty traumatic but to then end up in a court process where mum and dad can’t work things out is traumatic in itself,” Ms Connolly told the Sunday Mail.

Helen Connolly is the state’s first Commissioner for Children and Young People.

“And then to go through a process that perhaps does not deal with you in a way that is always the best for you, and then come out of without much understanding about what has gone on, or why certain decision have been made, it is just not a good thing.

“Although I have only been in this position for a short time, I have already heard stories about children feeling disempowered and not been given a voice in respect to parenting matter.”

In SA last year, the Federal Circuit Court dealt with 1197 parenting orders. And the Family Court of Australia, which handles cases involving abuse or complex financial matters, dealt with a further 50.

Parenting orders are made by a court about parenting arrangements for a child based on an agreement between the parties (consent orders) or after a court hearing or trial.

Ms Connolly said: “There was no mechanism for a child to be heard in court proceedings.”

Independent children’s lawyers are appointed to talk to children, aged nine and older, to tell the judge what a child wants to happen but also what they believe is in their best interests.

A Federal Circuit Court guide for children states “independent children’s lawyers are there to represent your best interests. They are not on the side of one parent or the other … they go to court to make sure the right things happen for you.”

But Ms Connolly said: “There was no mechanism for a child to be heard in court proceedings, especially when the experts view doesn’t reflect the child’s view.”

In a statement provided to the Sunday Mail, The Law Society of SA said independent children’s lawyers provided independent, impartial advice to the court with regard to the best interests of a child.

“As an objective voice in often highly emotional and angst-ridden disputes, ICLs can guide parties towards an outcome that minimises the trauma for the children involved,” the statement said.