08 Jun What Say Do Children Have in Family Legal Matters Advice from Family Law Experts in Sydney
As family law experts in Sydney, we have had many clients ask us what say children have in family legal issues, especially when it comes to parenting matters. Although children do not give evidence in legal disputes, their wishes should be considered according to section 60CC(3)(a) of the Family Law Act. The child’s age, experiences and level of maturity will also be taken into consideration alongside these wishes.
So how exactly does the court gain knowledge of the wishes of the children involved in family law matters?
An Independent Children’s Lawyer
An independent children’s lawyer is someone who acts solely on behalf of the child involved in a case. They represent the child and his or her wishes in court. They gather information about the child and the situation at hand and act in the child’s best interests.
A CIC, also known as a child-inclusive conference, is usually held when older children are involved in family and parenting matters. A CIC usually calls for all relevant family members to be present, as well as a court-appointed officer. Matters will be discussed, and conclusions that are beneficial to all parties, especially the children, will be discussed.
Conducting a ‘Wishes’ Report
‘Wishes’ reports are assessments usually conducted by child specialists or child psychologists. In this report, the child will be assessed based on the parenting matter at hand and the ways in which the child has been affected. The interview should bring certain matters to light which will make it highly valuable when looking to act in the child’s best interests.
Family reports occur when each family member is interviewed by a Family Consultant. The court is allowed to order a Family Consultant to prepare a Family report so that the court can ascertain the child’s perspective. While a family report is not binding. It is a good way for the court to gain insight into certain matters.
Looking for family law Sydney experts in Sydney that are trustworthy, reliable, and professional? Get in touch with Lapointe Family Law today, and we can start discussing your legal needs. We have dealt with hundreds of family-related matters, and our experience is what sets us apart.