Child Inclusive Practice in Australia: How to Incorporate the Views of Young People in Dispute Resolution

1. Child Inclusive Practice in Australia: How to Incorporate the Views of Young People in Dispute Resolution The experience of Australian Family Relationship Centres

2. Outline for today Tyranny of distance – the Australian context Family Law reforms from July 2006 Family Relationship Centres and family services Child inclusive practice model Recent research Questions

3. Tyranny of distance – the Australian context Australia area: 2,967,892 Square Miles

4. Western Australia Area: 1,021,478 Square Miles United Kingdom Area: 94,245 Square Miles The United Kingdom would fit into Western Australia 10.8 times!! Population of Western Australia 2.1 million Population of Perth 1.5 million Perth to Canberra 5 hours flight time – equivalent to London to Moscow

5. Changes to the Family Law System from July 2006 • Family Law Amendment (Shared Parental Responsibility) Act 2006 • The reforms focus on: • children’s best interest as paramount • changing the way families manage separation • moving away from long and costly court battles towards more co-operative parenting solutions • compulsory Family Dispute Resolution

6. Principles of the Family Law Act Primary considerations are: • benefit to the child of having a meaningful relationship with both parents • need to protect the child from physical and/or psychological harm caused by abuse, neglect or family violence

7. Principles of the Family Law Act Equal Shared Parental Responsibility: • Equal shared parental responsibility means that both parents have an equal role in making decisions about major long-term issues that affect their child such as schooling and health care; • Except where there are issues of violence or abuse, the law presumes that it is the best interests of the child for parents to have equal shared parental responsibility;

8. Principles of the Family Law Act Where there is a presumption of Equal Shared Parental Responsibility the court will consider: Equal Time If it is reasonably practicable and in the ‘child's best interests’ Significant and Substantial Time Time during the week, weekends and holidays if reasonably practical and in the ‘child’s best interests' Significant Relationships Consideration of extended family Significant people in post separation arrangements (step parents)

9. Family Relationship Centres • 65 Centres and family relationship services are Commonwealth funded ($450M) over three years. • First point of contact and a gateway to accessing other services. • Three objectives: • Strengthening family relationships • Support families that are intact and/or attempting to reconcile • Assisting families through separation Three hours FREE Family Dispute Resolution

10. Family Relationship Centres Centrally controlled, locally managed Badging - Family Relationships Advice Line Family Relationships On Line Telephone Dispute Resolution Service Building requirements Image Child and family friendly Not divorce shops

11. Family Relationship Centre Brand

12. Midland FRC geographical area covered

13. When might Family Dispute Resolution be unsuitable? The Family Law Regulations require a Family Dispute Resolution Practitioner to consider whether a party’s ability to negotiate freely has been affected by: • History of violence among the parties • The likely safety of the parties • The equality of bargaining power among the parties • The risk that a child may suffer abuse • The emotional, psychological and physical health of the parties • Any other matter the practitioner considers relevant

14. Benefits of Family Dispute Resolution • Children’s needs will be focused on through all stages of the process • Children’s voices heard • Resolve issues and raise level of parental alliance • Improves parent-child relationships • Written agreement in the form of a parenting plan better than court imposed order

15. Outcomes of Family Dispute Resolution FDR appears to work well for many parents and their children. Among parents who had separated after the reforms, 31% of fathers and 26% of mothers reported that they had “attempted family dispute resolution or mediation”. About two-fifths of this group reached an agreement and most of these agreements were still in place about a year after separation. AIFS Evaluation of the family law reforms Dec 09

16. Family Dispute Resolution Certificates From 1 July 2007 the Family Law Act specifies one of four types of certificates may be provided by Family Dispute Resolution Practitioners (FDRP): • The person did not attend due to the refusal or failure of the other party to attend. • The FDRP considers that the matter would not be appropriate for family dispute resolution. • Both parties attended and made a genuine effort to resolve the issues to which the application relates. • The person attended but the other party did not make a genuine effort to resolve the issues. • The FDRP during FDR, considers the matter would not be appropriate for family dispute resolution

17. Purpose of the assessment and engaging parents 17

18. Assessing Parental Capacity To safeguard children affected by parenting disputes Allow for CIP when parents can ‘digest’ feedback To build and strengthen the parental alliance FDR involves a transformative process that ‘plants the seed and tills the soil’ in preparation for CIP 18

19. Assessing Parental Capacity Some indicators used for making decisions through case management: Willingness to strengthen parental alliance Capacity for empathy and emotional connection Flexibility and capacity to consider options Sufficient reflective reasoning and parental functioning Emotional availability for the child Sensitivity of response to the child’s experiences of separation 19

20. Assessing Parental Capacity Some further indicators: Demonstration of openness to consider feedback Parental attunement to child’s needs Capacity for protective factors Strength to deal with the feedback Genuine interest in the child Committed to the process of CIP Future focused Problem solving approach 20

21. Creating a transformative process Ensuring the consent of both parents Assessing capacity at every step of process ‘Children in Focus’ information seminar Pre-FDR work especially for vulnerable parties and risk assessment Case management at any stage of the process 21

22. Child Inclusive Practice Model Screening and Assessment P1 2 hrs Screening and Assessment P2 2 hrs Children in Focus Seminar * 2 hrs each party Child Consult 1 hr each child Family Dispute Resolution 1 2 hrs Family Dispute Resolution 2 1 hr ___________________________________________ Total 10 hrs

23. Children in Focus Seminar 2 hr “compulsory” seminar Opportunity to “sensitise” focus of parents to needs of child/ young person Family Law and impact on separating families Important roles of grandparents and step parents Family Dispute Resolution- how it can help Role of child consultant Parenting Plans and what parents/carers need to consider Children in focus- the impact of conflict on children

24. Child Consultancy Service • Adapted from Jenn McIntosh model of child inclusive practice www.aifs.gov.au/afrc/pubs/issues/issues1.html • Assess parental alliance and capacity in screening and assessment • Parents consent to child being interviewed • Care taken to not burden child with decision making • Children 5 years and above

25. Child Consultancy Service Child Consultant and Family Dispute Resolution Practitioner meet to discuss and plan FDR feedback Child Consultant delivers feedback in FDR then explores child’s experiences and needs with parents Feedback centred on child’s developmental needs Family Dispute Resolution Practitioner develops parenting plan incorporating feedback

26. Child consultant- children’s experiences to date • Tell us they feel heard • Say their parents respect their views • Feel less burdened with their parents’ problems • Feel like they are not to blame • Hope their parents make decisions in their best interests • Don’t want to be caught in the middle • Parents tell us their relationships with children have improved after the feedback

27. Links between Centrecare and Cafcass Visit to meet Christine Smart and Ian Gospill Visit from Cafcass to Midland FRC Teleconferences to explore service delivery models Share best practice ideas Collegial support

28. Indigenous Service Delivery • FDRP registered • Work with Indigenous and non Indigenous families • Specialist knowledge in FDV • Work with extended family including grandparents • Provides training & consultancy to agencies

29. Working with Indigenous Families • Families need to trust the system • Extended family important in care arrangements • Lots of informal contact and after hours work • Time needed to do the work properly

30. Research outcomes Less legal action over care and living arrangements Lower rates of return to mediation Higher rates of overnight contact with father Greater stability of care and contact arrangements Higher satisfaction with living arrangements (fathers and children) Greater reduction in parent acrimony, for both mother and father Greater confidence of father in his parenting capacity Children in Focus – Fourth Wave, April 2009 Family Transitions- McIntosh, Long, Wells

31. Research outcomes Better management of parenting disputes when they occurred post-mediation Lower impact of father’s new partner on parenting disputes More reports by parents of having learned something about their child Lower conflict between parents as perceived by children Children feeling less caught in the middle between their parents Children feeling less distressed about their parents’ conflict Children feeling closer to their father Lower levels of conduct disturbance in children Children in Focus – Fourth Wave, April 2009 Family Transitions- McIntosh, Long, Wells

32. Research to date Major AIFS research on F.L reforms published Dec 09 Family Violence research indicates gaps More sharing of information protocols Less confidentiality to improve safety Further reforms anticipated Every FRC involved in Action Research 20% reduction in court applications More community based dispute resolution AIFS Evaluation of the family law reforms Dec 09

33. Research The evaluation has involved the collection of data from some 28,000 people involved in the family law system—including parents, grandparents, family relationship services staff, clients of family relationship services, lawyers, court professionals and judicial officers—and the analysis of administrative data and court files. This evaluation provides a more extensive evidence base about the use and operation of the family law system than has previously been available in Australia and is arguably more extensive than other studies that exist internationally. AIFS Evaluation of the family law reforms Dec 09

34. Research FRC clients increased from 14,000- 60,000 FDR clients from 14,500- 22,500 CCS clients from 14,500- 23,500 POP clients from 3,000- 8,000 SFVS clients from 3,500- 7,000 MFRS clients from 24,000- 28,000 Counselling clients from 63,500- 101,000 EDST clients from 32,000 – 49,500 Figures for 06/07 – 08/09- AIFS Evaluation of the family law reforms Dec 09

35. Future Directions Greater emphasis on family violence issues Lawyer involvement in FDR Collaborative Law Community Legal Centres partnership Legal Aid Commissions partnership Co-location of therapeutic services Research Increase in child inclusive practice

36. Contacts Stephen Clarke Manager Family Violence Intervention Services Department of the Attorney General Perth Western Australia 00 618 9425 2850 stephen.clarke@justice.wa.gov.au melissap@centrecare.com.au www.centrecare.com.au www.familyrelationships.gov.au www.dotag.wa.gov.au