Putting children first – The Children’s Charter and Kid’s Corner initiatives

For many families, separation is a deeply emotional time, particularly when they are involved in Court proceedings. Children who are the subject of parenting proceedings may get caught in the middle, and the uncertainty and conflict associated with parenting proceedings can cause children to feel stressed, confused and overwhelmed; powerless to what is happening and the big decisions being made about them.

In recognition of this, last month, the Federal Circuit and Family Court of Australia (FCFCOA) launched its Children’s Charter and Kid’s Corner initiatives. These initiatives have been designed to support and educate children who are the subject of parenting proceedings. They aim to make the family law process more transparent, child-focused and safer for the children involved.

Children’s Charter

The Children’s Charter outlines the FCFCOA’s commitment to supporting the rights of children whose parents are separating or otherwise involved in family law matters. The charter contains 10 principles which guide the way children are to be spoken to, supported and considered throughout parenting proceedings, and when decisions are being made. Those principles are:

1. A child is at the centre of all decision-making.

2. When making decisions about a child in family law disputes, the child’s best interest is the primary consideration.

3. Ensuring the safety and wellbeing of a child is the highest priority.

4. A child has a right to express a view about what is happening in their lives and what they would like to happen, but also has a right not to express a view.

5. A child should be given the opportunity to express their view, and when doing so should be informed about whether or not their views can be kept confidential.

6. A child must be treated with dignity and respect at all times and their views must be listened to and respectfully considered.

7. A child must be provided with all the information that is relevant and appropriate in a way that is suitable for the child’s age, maturity, abilities, gender and culture.

8. All physical and online environments provided to a child must be child focussed and promote their safety and well-being.

9. All professionals who have direct contact with children must have the necessary skills and expertise to play their role.

10. A child should have access to appropriate mechanisms to give feedback about the professionals and services they encounter.

Consideration of children’s safety has always been at the forefront of the parenting decisions made by the Court. When a judge makes a decision about parenting arrangements, they do so with the children’s best interests as the paramount consideration. Section 60CC of the Family Law Act 1975 (Cth) sets out what is to be considered in determining what arrangements are in the children’s best interests.

While many of the Children’s Charter principles have a direct correlation to the considerations set out at Section 60CC, the purpose of the principles is not to be limited to the way in which a case is ultimately decided. The Children’s Charter extends beyond the final decision making. It is to be used as a guide throughout the entire proceedings, not only for the judge, parties and lawyers, but to all people and services interacting with children involved in parenting proceedings.

Kid’s Corner

The FCFCOA website now contains a dedicated Kid’s Corner. This is an online space created specifically for children who are the subject of family law parenting proceedings. The Kid’s Corner website provides children with a resource that they can use to obtain information about what they may be experiencing in a child friendly and supportive way. There are resources to assist children to understand the family law process, as well as supports for their emotional wellbeing.

Kid’s Corner includes:

• Frequently asked questions;

• Information about what happens at Court and how decisions are made;

• Information to help children express their emotions; and

• Stories from children who have experienced the effects of parenting proceedings.

We advise our clients to keep their children sheltered from the conflict, however that does not mean that children should not be informed about what is going on, so long as it is age appropriate etc. Keeping information away from children may add to the uncertainty that they are feeling. By providing children with an age appropriate explanation about the family law process, it can help reduce their fear and increase their understanding so that they feel more secure and informed during what can be an uncertain period in their lives.

These initiatives are a welcomed step that strengthens the focus on children’s wellbeing. By implementing these initiatives, the FCFCOA is showing its commitment to ensuring that children are better informed, protected and supported throughout the family law process.

If you would like advice about parenting proceedings or negotiating care arrangements for your children with your former partner, our specialist family lawyers at Robinson + McGuinness can provide you with assistance. To arrange an appointment with one of our family lawyers, please complete the enquiry form below or call us on (02) 6225 7040 or email at info@rmfamilylaw.com.au, or get started now online.

Adult Child Maintenance – what is it, and can I get it?

Child support usually continues from when a child is born until they turn 18, though it can stop earlier in some cases, for example if a child is adopted, marries or becomes self-sufficient. If a child is still completing their final year of secondary school, it is also possible for the parent receiving child support to apply to extend child support until the end of the school year.  

However, lots of young adults (dare we say, most?) do not magically become financially self-supporting at the stroke of midnight on their 18th birthday, or as they are walking out of their final year 12 exam. This is particularly the case if they are about to embark on a new course of study instead of heading straight into the workforce.

Section 66L of Family Law Act provides for the payment of “adult child maintenance” if it is necessary to enable an adult child to complete their education, or because of a mental or physical disability. This means that a child, or a parent on their behalf, may be able to make an application to the Court to compel their parent or parents to continue contributing to their financial upkeep into adulthood.

How much maintenance is paid depends on a number of factors, including the child’s necessary expenses, each parent’s financial position, and the amount each parent needs to support themselves and other people they have an obligation to support. Necessary expenses can include food and housing, medical needs, and costs to do with study like books and laptops. The court will also consider whether the course the child is pursuing will help the child earn an income, and whether the child can work part time to contribute to their own costs.

If you are being asked to pay child support for an over 18 year old, or you want to apply for child support for a child who is over 18, the first step is usually to try to work it out within the family. If that does not work, or you want to understand your rights and obligations before that discussion takes place, you may wish to seek legal advice from a specialist family lawyer.

If you would like to discuss your matter and how we can assist you, contact us today on (02) 6225 7040 or by email on info@rmfamilylaw.com.au or get started now online.