Convention on the Rights of the Child
Custody Kids are particularly at risk of having their rights denied within the Australian Family Law system.
While Family Law as written seems to support the child's rights and the child's "best interests", systemic failures result in something far below expectations.
Australia is a signatory to the International Convention on the Rights of the Child.
When families break up the Family Court is in the habit of granting "custody" to one parent only. This infringes the Convention.
Family Law states that both parents should continue to look after their children.
The Family Court of Australia does not protect "Custody Kids" from emotional abuse. Parents can too easily use the power given them as a child’s custodian to seek revenge on their former partner.
Children suffer.
Guidelines for the Child’s Representative is a Practice Direction from the Family Court of Australia setting out exactly how lawyers appointed to safeguard children’s rights (ICLs) should treat, meet with, reassure, fully inform, sensitively interview, present the views of, gain the trust of, and generally deal with “custody” kids affected by Family Law.
The Court does not ensure that children’s lawyers do this vital work correctly.
If the ICL does a poor job there is nothing that can be done. Australia does not care!
Where State convention or custom has ICLs acting contrary to the Guidelines, the Family Court takes no action. This applies especially in Queensland and South Australia.
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