Family Law Reform removes children's rights

Children whose parents are separating will no longer have an automatic right to a lawyer. The Care of Children Amendment Act (No 2) 2013 provides that children may only have lawyers if the court has concerns about their welfare and considers it necessary. This breaches the UNCROC Article 12 right to be heard.

In Australia, the work of lawyers for child has been scrutinised, due to cost concerns. Unfortunately, Aotearoa’s government took the same approach. The 2011 public consultation document Reviewing the Family Court put it bluntly: “Care of Children Act cases are a significant driver of Family Court costs and activity. These costs must be reduced in a way that does not compromise a child-centred approach to reform.” Somewhere along the line, the government’s claimed commitment to a child-centred approach evaporated.

The provisions in the Care of Children Amendment Act (No 2) 2013 were previously contained in the Family Court Proceedings Reform Bill. Click here to read ACYA’s submissions on the Family Court Proceedings Reform Bill. The Amendment Act (No 2) gives the Family Court discretion as to whether to appoint a lawyer for child. Children and young people involved in day-to-day care and contact disputes therefore no longer have a right to legal representation. Decisions about children’s lives could be made without hearing from the children most closely affected by the decisions. That raises questions about natural justice.