Child Participation: Overcoming Disparity between New Zealand’s Family Court and Out-of-court Dispute Resolution Processes

in The International Journal of Children's Rights
Restricted Access
Get Access to Full Text
Rent on DeepDyve

Have an Access Token?



Enter your access token to activate and access content online.

Please login and go to your personal user account to enter your access token.



Help

Have Institutional Access?



Access content through your institution. Any other coaching guidance?



Connect

This article considers children’s right to participate in the context of private law disputes concerning their post-separation, day-to-day care and contact arrangements. In New Zealand the approach to ascertaining children’s views has been both long-standing and systematic for contested proceedings within the Family Court (via children’s legal representatives and judicial meetings with children). However, major reform of the family justice system in 2014 shifted the emphasis to new out-of-court processes for resolving post-separation parenting arrangements. The reforms were disappointingly silent on the issue of children’s participation in the new Family Dispute Resolution services, particularly mediation. A disparity has thus arisen between opportunities for children’s engagement in New Zealand’s in-court and out-of-court dispute resolution processes. Research evidence and international developments in Australia and England and Wales are reviewed for the guidance they can offer in remedying this in New Zealand and elsewhere.

Child Participation: Overcoming Disparity between New Zealand’s Family Court and Out-of-court Dispute Resolution Processes

in The International Journal of Children's Rights

Sections

References

Ballard R. Holtzworth-Munroe A. Applegate A. D’Onofrio B. and Bates J. A randomized controlled trial of child-informed mediationPsychology Public Policy and Law2013 (19(3)) 271281. doi: 10.1037/a0033274.

Barwick H. and Gray A . Family mediation – Evaluation of the pilot (Wellington: Ministry of Justice2007).

Beckhouse K. Laying the Guideposts for Participatory Practice: Children’s Participation in Family Law MattersFamily Matters 2016 (98) 2633.

Bell F. Cashmore J. Parkinson P. and Single J. (2013) “Outcomes of Child-inclusive MediationInternational Journal of Law Policy and the Family 2013 (27(1)) 116142.

Birnbaum R. and Saini M. A Qualitative Synthesis of Children’s Participation in Custody DisputesResearch on Social Work Practice 2012 (22(4)) 400409.

Boshier P.B. Taylor N.J. and Seymour F. Early Intervention in New Zealand Family Court Cases”Family Court Review 2011 (49(4)) 818830.

Care of Children Act 2004 (nz).

Family Court Proceedings Reform Bill 2012 (nz).

Family Dispute Resolution Act and Regulations 2013 (nz).

Family Justice Review PanelFamily Justice Review: Final Report. (London: Ministry of Justice, Department for Education and Welsh Government2011).

Family Law (Family Dispute Resolution Practitioners) Regulations 2008 (Australia).

Family Mediation Task ForceReport of the Family Mediation Task Force (London: Ministry of Justice2014).

Goldson J. Hello, I’m a Voice, Let Me Talk: Child-inclusive Mediation in Family Separation (Innovative Practice Report No. 1/06Wellington: Families Commission2006).

Goldson J. and Taylor N.J. Child-inclusion in Dispute Resolution in the New Zealand Family CourtNew Zealand Family Law Journal 2009 (6(7)) 201209.

Guardianship Act 1968 (nz).

Holtzworth-Munroe A. Applegate A.G. D’Onofrio B. and Bates J. Child Informed Mediation Study (cims): Incorporating the Children’s Perspective into Divorce Mediation in an American Pilot StudyJournal of Family Studies 2010 (16(2)) 116129.

Hughes The Right Hon. SimonResponse to the Voice of the Child Dispute Resolution Advisory Group (Ref. 20959London: Ministry of Justice 18 March 2015).

McIntosh J. Child Inclusion as a Principle and as Evidence-based Practice: Applications to Family Law Services and Related SectorsAustralian Family Relationships Clearinghouse Issues 2007 (1) 123.

McIntosh J. and Long C. Children Beyond Dispute: A Prospective Study of Outcomes From Child Focused and Child Inclusive Post-separation Family Dispute Resolution – Final Report (Canberra: Australian Government Attorney General’s Department2006).

McIntosh J. Long C. and Wells Y. Children Beyond Dispute: A Four Year Follow Up Study of Outcomes From Child Focused and Child Inclusive Post-separation Family Dispute Resolution. (Canberra: Attorney General’s Department2009).

McIntosh J. Wells Y. and Long C. Child Focused and Child Inclusive Family Law Dispute Resolution. One Year Findings from a Prospective Study of OutcomesJournal of Family Studies 2007 (13(1)) 825.

Melton G. Background for a General Comment on the Right to Participate: Article 12 and Related Provisions of the Convention on the Rights of the Child (prepared for use by the un Committee on the Rights of the Child September 2006).

Ministry of JusticeChildren Will be Seen and Heard in Family Courts (Departmental Press Release, Right Hon. Simon Hughes, Minister of State for Justice and Civil LibertiesEngland 25 July 2014).

Ministry of Justice and Department for EducationThe Government Response to the Family Justice Review: A System with Children and Families at Its Heart (London: The Stationery Office Ltd2012).

Office of the Minister of JusticeFamily Court Review Cabinet Paper – Proposals for Reform (Wellington: Minister of Justice and Cabinet Social Policy Committee2012).

Rudd B. Ogle R. Holtzworth-Munroe A. Applegate A. and D’Onofrio B. Child-informed Mediation Study Follow-up: Comparing the Frequency of Re-litigation Following Different Types of Family MediationPsychology Public Policy & Law 2015 (21(4)) 452457. doi: 10.1037/law0000046.

Taylor N.J. Care of Children: Families Dispute Resolution and the Family Court (Dunedin: University of Otago PhD Thesis2005).

Taylor N.J. What Do We Know About Involving Children and Young People in Family Law Decision Making? A Research UpdateAustralian Journal of Family Law 2006 (20(2)) 154178.

Taylor N.J. and Caldwell J. Judicial Meetings With Children: Documenting Practice Within the New Zealand Family CourtNew Zealand Law Review 2013 (3) 445463.

Taylor N.J. Fitzgerald R. Morag T. Bajpai A. and Graham A. International Models of Child Participation in Family Law Proceedings Following Parental Separation/DivorceInternational Journal of Children’s Rights 2012 (20(4)) 645673. doi: 10.1163/15718182-55680006.

Turoy-Smith K. and Powell M. Interviewing of Children for Family Law Matters: A ReviewAustralian Psychologist 2016 (June) 19. doi: 10.1111/ap.12193.

United Nations Committee on the Rights of the ChildGeneral Comment No. 12: The Right of the Child to be Heard (Geneva: CRC/C/GC/12 1 July 2009).

United Nations Convention on the Rights of the Child 1989.

Voice of the Child Dispute Resolution Advisory Group. Final Report of the Voice of the Child Dispute Resolution Advisory Group (London: Ministry of Justice2015).

Index Card

Content Metrics

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 53 53 43
Full Text Views 16 16 16
PDF Downloads 5 5 5
EPUB Downloads 1 1 1