Giving Children a Voice in Post-Separation Proceedings

Currently, in the family and federal circuit courts, children’s voices in
post-separation proceedings tend to be communicated through third parties such as an
Independent Children’s Lawyer or (‘ICL’s’). But is this the same as giving the child a voice or does more work need to be done to promote children’s voices in decisions that impact directly on them?

Adjunct Professor Lawrence Maloney and Jeannie Dean, Director of Safeguarding Solutions join us to discuss proposed changes to the Family Law Act 1975 proposed by the current government. Some of these amendments would see a change in the way Independent Children’s Lawyers represent children in post-separation proceedings. But do the proposed changes go far enough? Whilst it is the role of the ICL to make recommendations to the court in the best interests of the child, this shouldn’t be confused with giving the child a direct voice in the proceedings. The speakers in this episode emphasise the importance of getting this right to prevent re-traumatisation of the child and to promote less adversarial outcomes.

Show Notes
The Speakers are Jeannie Dean, Director of Safeguarding Solutions Australia

and

Professor Lawrence Moloney
https://scholars.latrobe.edu.au/lmoloney
https://scholars.latrobe.edu.au/lmoloney/publications

This episode refers to the following:
United Nations Convention on the Rights of the Child

Guidelines for Independent Children’s Lawyers

Family Law Act 1975

Exposure draft Family Law Amendment Bill 2023

Submission to the Attorney-General’s Department by Lawrence Moloney Phd and Bruce Smyth Phd on the Family Law Amendment Bill 2023 Exposure Draft

Best Interests Children’s Law Podcast is sponsored by Ex Curia: Coaching & Consulting Pty Ltd, Meliora Psychology and Claudia Grimberg Lawyers.

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