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Behind the Closed Door: A Guide and Parents' Comments on the Workings of the New South Wales Children's Court

Published online by Cambridge University Press:  29 May 2013

Frank Ainsworth  and
Patricia Hansen
Frank Ainsworth*
Affiliation:
PhD, Senior Principal Research Fellow (Adjunct), School of Social Work and Community Welfare, James Cook University, Townsville campus, Queensland 4811
Patricia Hansen
Affiliation:
PhD, Solicitor, Rogers and Hansen, Merrylands, NSW 2160 and Professor (Adjunct), Australian Catholic University
*
addresses for correspondence: Dr Frank Ainsworth, Senior Principal Research Fellow (Adjunct), School of Social Work and Community Welfare, James Cook University, Townsville campus, Queensland 4811. E-mail:[email protected].
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Abstract

The New South Wales Children's Court, like other state and territory Children's Courts, is a closed court. This means that the public cannot attend court hearings when care and protection matters are before the court. The exception is Victoria where even in the Family Division of the Children's Court that deals with care and protection matters an application has to be made to a magistrate for the court to be closed. This article is designed to take the reader behind the closed door and provide information about court processes and procedures as well as present parents' comments on the way in which the court works.

In New South Wales there are seven specialist children's courts at Parramatta, Glebe (Bidura), Campbeltown, Newcastle (Broadmeadow), Wyong, Woy Woy and in the Illawarra (Port Kembla). In other places children's care matters are dealt with by local magistrates supported by specialist Children's Court magistrates from Parramatta who staff a country Children's Court circuit.

Parents' views on these processes and procedures are troubling as many see the court as unfair in the way that decisions are made. The parents' views have been obtained, through interviews with parents over a number of years, as part of the authors' professional duties, as a Guardian ad Litem and solicitor in the New South Wales Children's Court.

From this experience it is clear that many professional staff who have contact with parents involved in Children's Court matters are also unclear about the court processes, and as a result they are less able to support parents through this stressful process. This article aims to assist staff to understand the court processes so that they may in turn support parents.

Keywords

Children's Courtcourt processviews of parents
Type
Articles
Information
Children Australia , Volume 38 , Issue 2 , June 2013 , pp. 47 - 53
Copyright
Copyright © The Authors 2013 

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References

References

Ainsworth, F., & Hansen, P. (2010). Confidentiality in child protection: Who benefits? Children Australia, 35 (3), 11–17.CrossRefGoogle Scholar
Burgheim, T. (2005). The grief of families whose children have been removed. Implications for workers in out-of-home care. Developing Practice, 13, 57–61.Google Scholar
Children's Court of NSW (2011). Contact guidelines. April. Sydney.Google Scholar
Children's Court of Victoria (2012). Accessed 6 December. www.childrenscourt.vic.gov.auGoogle Scholar
Children's Court of NSW (2010). Practice note no. 2. Initiating report and service of the relevant portion of the Community Services file in care proceeding, 27 September. Sydney.Google Scholar
Children's Court of NSW (2011). Practice note no. 5. Case management in care proceedings. 2 September. Sydney.Google Scholar
Children's Court of NSW (2011). Practice note no. 6. Children's Court clinic assessment applications and attendance of authorised clinicians at hearings, dispute resolution conferences and external mediation conferences. 2 September. Sydney.Google Scholar
Connolly, M. (2010). Engaging family members in decision making in child welfare. In Arney, F. & Scott, D. (eds.). Working with Vulnerable Families. A partnership approach. (pp. 219–226). Sydney: Cambridge University Press.Google Scholar
Douglas, E. M., & McCarthy, S. C. (2011). Child maltreatment fatalities: Predicting rates and the efficacy of child welfare policy. Journal of Policy Practice, 10 (2), 128–143.CrossRefGoogle Scholar
Ghate, D., & Hazel, N. (2002). Parenting in Poor Environments. Stress, support and coping. London: Jessica Kingsley.Google Scholar
Hansen, P. (2012). Rescission or variation of Children's Court Order; A study of section 90 applications in New South Wales. Children Australia, 37 (2), 69–75.CrossRefGoogle Scholar
Morgan, A. (2012). The Role of ADR in Care Proceedings: Findings from the evaluation of the ADR program. Presentation at the Legal Aid Care and Protection conference. 31 October. Sydney.Google Scholar
NSW Human Services, Community Services (2010). Practice tool. Reference for contact for children and young people in out-of-home care. 19 December. Sydney.Google Scholar
NSW Legal Aid Commission (2012). Policy Bulletin 2/12. Sydney.Google Scholar
Schofield, G., Moldestad, B., Hojer, I., Ward, F., Skilbred, D., & Young, J. (2011). Managing loss and a threatened identity. Experience of parents of children growing up in foster care, the perspective of their social workers and implications for practice. British Journal of Social Work, 40 (5), 1–19.Google Scholar

Statutes

NSW Evidence Act 1995Google Scholar
NSW Children and Young Persons (Care and Protection) Act 1998Google Scholar