Children's voices in the Family Court : a document analysis of Judges' decisions : a thesis report presented in partial fulfilment of the requirements for the degree of Master of Arts in Social Policy at Massey University, Manawatu, Aotearoa
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Date
2020
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Massey University
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Abstract
Family court decisions have a long-term effect on children’s lives. Research has found that children’s wellbeing is enhanced when they are involved in family law decision-making. Having the opportunity to express their views is a protective factor and provides a sense of empowerment, leading to improved outcomes. Children’s participation in Family Court proceedings in Aotearoa is legislated for through section 6 of the Care of Children Act, 2004. Section 6 provides for their voices to be heard and their views to be taken into account. This research, located in a qualitative approach, explored the significance of children’s voices in Family Court proceedings in Aotearoa as documented in seven Family Court decisions from 2016 to 2019. The research found that judges regarded ascertaining a child’s views as taking account of them. A further finding was that a child’s age and the Judge’s perception of their maturity were determining factors in whether judges considered children’s views. Additionally, a range of practices, including prioritising the child’s best interests principles over the child’s voice, acted as barriers to children’s participation. This research recommends further large-scale research to ascertain whether section 6 of the Care of Children Act is being consistently and adequately applied. Recommendations for better practice include: mandatory and formulaic reporting of the process undertaken when accounting for children’s views within decisions; robust and external accountability that includes comparing files against decisions to ensure that children’s voices are being heard and accounted for as intended; the best interests principles contained within section 5 of the Care of Children Act extended to include hearing the views of children subject to proceedings and the views of young children being ascertained through specialist interviewers including and increasing visibility of children’s voices in Family Court proceedings.