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Separate Representative
The Family Court has ordered the appointment of a child's representative
What does this mean? How does it work?
The court has asked Legal Aid to provide a lawyer to represent your child. This person is called the child's representative.
Why have a child's representative?
The purpose of representation is to help the court to reach a decision which is in the best interests of the child.
What does the child's representative do?
- Makes sure the court is given all relevant information about your child's welfare and wishes as children themselves do not give evidence or attend court.
- Obtains information about the child. This may be done by discussions with people like teachers, doctors, psychologists or counsellors.
- Talks to the child (where appropriate) to establish the child's wishes and views. The child's representative will ensure that the court is aware of your child's wishes.
- Forms an independent view about the child's welfare and best interests based on this material and makes submissions to the judge based on that view. This view may not necessarily reflect the wishes of your child.
- Encourages and takes part in any negotiations to settle the matter in your child's interests.
- Ensures proper arrangements are made to protect your child's interests until the case is finalised.
- Prepares a case based on the best interests of your child.
- At the court hearing, the child's representative conducts the case for the child in the usual way, including:
- cross-examination
- presenting evidence
- making submissions.
When does the child's representative say what they want?
- In some cases a child representative will know early in a matter what orders they seek on behalf of the child. If the child's representative does know, the s/he will tell the parents lawyer. This can help negotiations. In other cases, the child's best interests may be unclear and the child's representative is unable to make a recommendation until much later, sometimes not at all.
- How does the child's representative decide what orders to seek from the court?
- Each child's case is different. There is no fixed formula but there is a general approach. Before knowing what to ask for, the child's representative will:
- Read all the affidavits.
- Examine any subpoenaed documents.
- Find out what outcome your child wants and why they want it.
- Talk to the court counsellor and other relevant people.
- Listen carefully to the evidence if a case goes to hearing. Not all information is evidence; the child's representative can only rely on evidence.
The child's representative then applies family law cases and law to all this information. It is important to remember that the child representative will follow the law.
Can the child's representative change their recommendation?
Yes. A child's representataive's recommendation will be based on the evidence available at that time. If new evidence becomes available before the court has made final orders, the child's representative will need to consider the impact on any recommendations.
Does the Court always make the orders the child's representative asks for?
Not at all. The judge listens carefully to what everybody in the case says.
What is a Family Report/Expert's Report?
It is usual, in difficult cases, for the court to order a written report about a child, the parents and anybody else involved. An application for this order will often be made by the child's representative. This is not the child's representative's report, but is prepared by a Family Court counsellor, child psychologist or child psychiatrist, depending on the case. The information is obtained by interviewing the people concerned which includes you. That report will be released by the court and given to your lawyer and the child's representative. It may result in discussions leading to an agreement to settle the case. If the case is not settled, the report will form part of the evidence considered by the judge.
What happens when the case is over?
- The child's representative explains the Court Orders to your child (if s/he is old enough to understand).
- The child's representative may also be involved in follow up arrangements in relation to any Court Orders.
- Your child may contact the child's representative if there are any problems.
How can you help?
- Make your child available when the child's representative asks you to. It is very important that you help by attending all appointments arranged by the child's representative.
- Ask your lawyer to make any necessary arrangements with the child's representative. It is not appropriate for you to make direct contact, when you have your own lawyer. The child's representative must work independently. If you bring your child to see the child's representative, please remember the s/he is your child's own lawyer and will not be able to discuss the matter with you. This applies, of course, to both parents. Any matters you wish to raise should be raised with your own lawyer who will contact the child's representative.
- Respect the confidentiality of your child's discussions with the child's representative. You should not question your child about these sessions.
- Allow your child to freely contact the child's representative, in confidence.
- Complete and return the child's information.
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