1. The Purpose of these Guidelines

This document is intended to provide guidance to the Child’s Representative in fulfilling his/her role.

The Guidelines have also been issued for the purposes of providing practitioners, parties, children and other people in contact with the Family Court, with information about the Court’s general expectations of Child’s Representatives. It also sets out these expectations as they relate to children in circumstances of family violence, children from culturally and linguistically diverse families and communities, children with disabilities, Aboriginal and Torres Straight Islander children, and where applications arise for the authorization of special medical procedures and other orders relating to the welfare of children.

This is a public document that is made available by the Court. In addition, the Guidelines will be used in the training of Child’s Representatives.

2. Introduction

The role of the Child's Representative is unique. The lawyer appointed to represent and promote the best interests of a child in family law proceedings has special responsibilities. Decisions in particular cases as to how the Child’s Representative progresses the case and how he/she involves the child in the case are ultimately in the Child’s Representative’s discretion.

The Child’s Representative is expected to use his/her professional judgment and skill, subject to any directions or orders of the Court. The availability of funding is a practical constraint.

The way in which the Child Representative acts may not always meet with the approval of the parties or the child, but this does not mean that the Child’s Representative has failed in his/her professional responsibilities.

A glossary of terms used in the guidelines appears at the end of this document to assist readers in understanding them.

3. Statement of Principles

The appointment of a Child's Representative is one means of giving effect in family law proceedings to the United Nations Convention on the Rights of the Child which states that:

• In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration. (Article 3)
  
  
• Parties shall assure to the child who is capable of forming his or her views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child. (Article 12.1)
• For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly or through a ....

  
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                                  .... representative or an appropriate body consistent with the procedural rules of national law. (Article 12.2)