General policy statement
The Family Court (Supporting Children in Court) Legislation Bill (the Bill) is an omnibus Bill introduced under Standing Order 263(a). That Standing Order provides that an omnibus Bill to amend more than 1 Act may be introduced if the amendments deal with an interrelated topic that can be regarded as implementing a single broad policy. The policy implemented by the amendments in this Bill is to enhance child wellbeing in care-of-children cases, both directly and by assisting parents to resolve parenting disputes. The Bill will amend the Care of Children Act 2004 and the Family Dispute Resolution Act 2013.
Extensive reforms of the care-of-children regime took effect in 2014. These reforms were intended to encourage individual responsibility and shift the focus from in-court resolution to encouraging parents to reach agreement themselves through out-of-court processes. Following the reforms, concerns were raised that some reforms had a negative impact on children, parents, and whānau and exacerbated existing issues.
The final report of the Independent Panel examining the 2014 family justice system reforms found that there is limited participation by children in issues that affect them and there is concern as to whether their voices are heard, and whether their views are taken into account both in and out of court. The panel heard that children can experience immediate and long-term consequences if they are not listened to, which include feeling isolated, lonely, and anxious and having difficulty coping with stress. In court, a lawyer for a child is appointed to determine and represent the child’s views. The Independent Panel found that there was considerable variation in how lawyers for children approach this task.
This Bill will assist in enhancing child wellbeing in care-of-children proceedings, both directly and by assisting parents to resolve parenting disputes. Provisions in the Bill signal that children are expected to be provided with opportunities to give input into decisions about their care, and that family violence should be considered in all decisions about children’s care. Appointment criteria and additional obligations on lawyers to ensure a clear and timely process are intended to lead to better, less harmful, outcomes for the child. The changes also ensure that the Care of Children Act 2004 reinforces existing expectations about the view of the child, giving better effect to children’s rights under the United Nations Convention on the Rights of the Child.