Children’s Views Matter When Parents Separate

As the Rudd Government prepares to make changes to the controversial shared parenting laws, a new study has found that greater attention should be given to the importance of ensuring children are offered opportunities to be informed about, and included in, family law decision-making when their parents separate.

The three-year study, released last month by the Centre for Children and Young People (CCYP) at Southern Cross University, and Interrelate Family Centres, examined how children’s participation is understood and facilitated in Family Relationship Centres (FRCSs).

Key stakeholders, including children, parents, FRC family dispute resolution specialists, children’s consultants, managers, executive and staff, were interviewed for the study.

The study found that children, parents and professionals working in FRCs all want greater recognition and respect for children and called for more opportunities for children to have a say in FRC family dispute resolution processes. Children especially wanted adults to listen to them and to take their views into account.

Professor Anne Graham, CCYP director, said that there was a need for the government to ensure that the voices of children were not overlooked in ongoing debates about the care and protection of children.

“One of the most complex areas of family law is the issue of whether children should be invited to have a say about arrangements that are made for them following their parents’ separation,” Professor Graham said.

“However, this does not mean we should shy away from the challenges of how to best ensure children themselves are consulted and their views taken into account.”

The study points to the many benefits that flow for children, parents and professionals when children – and what they have to say – are recognised and respected.

Dr Robyn Fitzgerald, a CCYP postdoctoral Research Fellow, who undertook a total of 55 interviews for the research, points to a significant gap between policy and practice. “Unfortunately, while there is much talk about children in family law debates and discussion, there is less talk with them,” she said.

As part of the 2006 changes to the family law system, 65 FRCs were established throughout Australia. FRCs are designed to provide a gateway to the family law system for families needing assistance at all relationship stages, including the provision of dispute resolution services to separating families.

Ms Julie Leete, the manager of the Family Relationship Centre, Lismore, said FRCs were an integral part of the family law system and had a critical role to play in ensuring that children are included in decisions that are taking place in children’s lives following their parents’ separation.

“While a key concern for FRCs is to keep children safe and to ensure their rights to contact with both parents are respected, this study draws attention to the needs and rights of children to have a say with the emphasis on provision of information and ensuring children themselves are involved in decisions about what arrangements are in their best interests,” Ms Leete said.

“There is clearly a need for continuing funding from the government to ensure a range of services are available to support children and to train staff to work with them in appropriate ways. This will help ensure that the family dispute resolution processes of FRCs continue to include a range of interventions which best assist a range of families.”