The Child Responsive Program
This brochure gives parents and carers information about the Child Responsive Program in the Family Court.
The changes to the family law legislation, effective from 1 July 2006, have seen a range of new approaches to how the Court deals with cases involving children. These approaches bring the views, feelings and experiences of children into sharper focus and highlight to parents the damage that continuous conflict can have on their children.
What is the Child Responsive Program?
The Child Responsive Program involves a series of meetings between a family consultant, the parents (or other carers), and the children. The meetings focus on the children’s needs and the aim is to assist parents and the Court to achieve the best outcomes for the children. What is said and any admissions made at all the meetings is admissible in any Court proceedings under the Family Law Act 1975. The family consultant cannot keep private or confidential any information and will report to the Court about the meetings.
Why is there a Child Responsive Program?
Most parents who come to the Family Court have been unable to agree on decisions about their children. This Program is specifically designed to help parents focus on their children and work together for the benefit of their children.
Research has shown that involving children in appropriate ways can help parents to better understand how family separation and family changes impact on their children. By involving children early in the Child Responsive Program, parents are assisted to understand their children’s needs and experiences of the separation and consider the best future arrangements for their children.
When parents cannot agree on the best arrangements for their children, the case will proceed to a Less Adversarial Trial (LAT) and the same family consultant will assist the Court with expert opinion and evidence about the children and the family. If you would like to know more about LAT proceedings, please refer to the information brochure on LAT.
What is a Family Consultant?
A family consultant is either a social worker or psychologist with many years of experience in working with children and families. Family consultants are officers of the Court employed by the Family Court to help parents and judges to achieve the best possible outcomes for children. Communications and meetings with family consultants are not confidential and may be admissible in future Court proceedings.
What are the Steps in the Child Responsive Program?
1. Intake and Assessment Meetings (Parents/Carers only)
The family consultant will meet separately with each parent for an Intake and Assessment Meeting to find out about the children and any difficulties with parenting arrangements. Prior to these interviews, parents will view a DVD entitled ‘Consider the Children’. Parents do not view this together, but are provided with separate viewings.
2. Child and Family Meetings (Parents/Carers and Children)
Child and Family Meetings usually start with the family consultant meeting briefly with the parents and then spending some time with the children, both individually and together if there is more than one child. Children are given an opportunity to talk about their feelings and experiences of their family and what it is like for them now that their parents are not living together. The family consultant then provides feedback to the parents about the children’s experiences and views and gives the parents an opportunity to discuss future arrangements for their children.
3. Children and Parents Issues Assessment
A Children and Parents Issues Assessment is prepared by the family consultant following the Child and Family Meeting. The written assessment will provide a summary of the main issues identified in relation to the children and parents, the feedback provided to the parents about the children and the subsequent discussions. The Children and Parents Issues Assessment will be made available to the parents, the legal representatives and the Court.
4. Selective Settlement Meeting (Parents and Legal Representatives)
After the Child and Family Meeting, the family consultant and the parents may consider that a Settlement Meeting with the family consultant, the parents and their legal representatives, would assist in resolving the arrangements for the children. If this is agreed, the family consultant will convene a Settlement Meeting and provide an opportunity for discussion about the best outcomes for the children. The family consultant will provide a Children and Parents Issues Assessment at the time of the Settlement Meeting.
When the family consultant does not consider that a Settlement Meeting would assist in resolving arrangements that would be in the best interests of the children, the case will proceed to a LAT. A Children and Parents Issues Assessment will be provided to the parents, their legal representatives and the Judge before the trial commences.
5. The Role of the Family Consultant on the First Day of the Less Adversarial Trial
On the first day of the LAT the family consultant will give evidence to the Court based on the Children and Parents Issues Assessment. This will include an assessment of the children’s needs and the most significant issues for the parents/carers. The judge may then decide whether any further reports would be of assistance in determining what would be in the children’s best interests.
Some reports focus on interim arrangements or specific issues and these are called Specific Issues Reports. Other reports assess all the family relationship dynamics and identified difficulties and these are called Family Assessment Reports. Further meetings with the parents, carers, significant other people in the children’s lives, as well as the children themselves, may be required for the preparation of these further reports.
The Court may require the family consultant to have ongoing involvement with the family throughout the trial process to further assist the family and the Court to achieve the best possible outcomes for the children.
6. Post-orders Review and Referral Meetings (Parents/Carers and/or Children)
In some situations, the judge who has heard the matter may order the parents and/or children to meet with the family consultant at the conclusion of the trial to make sure everyone understands the orders that have been made and decide how the orders will be implemented. Parents and children may be referred to services in the community for further assistance at this meeting.
This brochure provides general information only and is not provided as legal advice. If you have a legal issue, you should contact a lawyer before making a decision about what to do or applying to the Court. The Family Court cannot provide legal advice.
The Family Law Courts respect your right to privacy and the security of your information. You can read more about the Courts’ commitments and legal obligations in the fact sheet The Family Law Courts and your privacy. The fact sheet includes details about information protection under the privacy laws and where privacy laws do not apply.
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* For further information or to get paper copies of this document sent to you, call 1300 352 000, or visit a family law registry near you.