Can a child become a party to Family law Proceedings in Australia?

In brief, the answer to this question is yes, in Australia, a child can become a party to family law proceedings in certain circumstances. Family law matters in Australia are governed by the Family
Law Act 1975, and the best interests of the child are the primary consideration throughout these proceedings.

Children are not typically parties to family law proceedings in the same way that adults are, but their views and best interests are taken into account. Here are some key points to understand:

1. Independent Representation: In some cases, the court may appoint an Independent Children Lawyer (ICL) to represent the child’s best interests. The ICL’s role is to advocate for what they believe is in the child’s best interests, even if it differs from the child’s expressed wishes. An ICL is generally expected to meet with a child.
2. Child’s Views: The court will consider the child’s views, taking into account their age and maturity. The weight given to a child’s views depends on various factors, including the
   child’s age, understanding, and the circumstances of the case.
3. Special Circumstances: In exceptional circumstances, a child may be granted leave to be a party to the proceedings. This is more likely to occur in cases involving older and more
   mature children who have a well-reasoned desire to participate in the legal process. This is different from an ICL, and when this is permitted by the Court means that a young person will
   participate in proceedings in the same way as the other adults can. At Aylward Game Solicitors we have experience in acting for young people who have applied for leave to intervene in proceedings as a party. This is an unusual and specialised area, if you require advice in this tricky area of Family Law please call our office and make an appointment.
4. Child Inclusive Conferences: In some cases, the court may order a Child Inclusive Conference, where a trained professional meets with the child to gather their views and
   provide a report to the court. This can help inform decisions regarding parenting arrangements.
5. Best Interests Principle: The paramount consideration in all family law matters involving children is their best interests. The court will consider various factors, including the child
   physical and emotional well-being, their need for a meaningful relationship with both parents and protection from harm or abuse.

It’s important to note that the specific procedures and guidelines for involving children in family law proceedings can vary depending on the circumstances of each case and the decisions of the court. If you are involved in a family law matter in Australia and have questions about how children may be included or considered, it is advisable to seek legal advice from a qualified family lawyer. They can provide guidance and representation based on the specific details of your case. If this is relevant to you, please call us and make an appointment to discuss this with us. This can be if you are a young person who wants to take this step, or if a young person in proceedings in which you are involved wants to do this and you are unsure how to respond.

FAQS

1. Can children become parties to family law proceedings in Australia?

• Yes, in certain circumstances, children can become parties to family law proceedings in Australia. However, they are not typically parties in the same way adults are.

2. What is the role of an Independent Children Lawyer (ICL) in family law cases involving children?

• An ICL is appointed by the court to represent the child’s best interests, even if those interests differ from the child’s expressed wishes. They advocate for what they believe is best for the child and are generally expected to meet with the child.

3. How are a child’s views considered in family law proceedings?

• The court takes into account the child’s views, considering factors such as their age, maturity, and the circumstances of the case. The weight given to their views varies based on these factors.

4. Can a child be granted leave to be a party to family law proceedings in exceptional cases?

• Yes, in exceptional circumstances, older and more mature children with a well-reasoned desire to participate in the legal process may be granted leave to be parties in the proceedings, participating similarly to adults.

5. What is a Child Inclusive Conference, and when is it ordered by the court?

• A Child Inclusive Conference involves a trained professional meeting with the child to gather their views and provide a report to the court. This can be ordered by the court to help inform decisions regarding parenting arrangements.