Child Inclusive Practice refers to a method used in family dispute resolution which involves directly consulting with children about their needs, wishes, and feelings. This practice is often used in the context of family separation or divorce.

The aim of Child Inclusive Practice is to ensure that the child’s voice is heard and considered in decisions that affect them. It is based on the principle that children have a right to participate in decisions that impact their lives, as outlined in the United Nations Convention on the Rights of the Child.

In Australia, the Family Law Act 1975 (Cth) supports this practice, particularly in Section 60CC which outlines how a child’s best interests are determined. This includes considering any views expressed by the child and factors such as the child’s relationship with each parent.

However, it’s important to note that the child’s views are just one factor considered in determining their best interests. The court also considers other factors such as the child’s safety and the capacity of each parent to provide for the child’s needs.

Child Inclusive Practice is typically facilitated by a trained professional, such as a child psychologist or social worker, who can communicate with the child in an age-appropriate way and relay the child’s views to the parents or the court in a sensitive and balanced manner.

Benefits of Child Inclusive Practice

Child inclusive practice in family law matters has several benefits, as outlined in the Family Law Act 1975 and supported by various research studies.

1. Child’s Best Interests: The primary principle of the Family Law Act is that the best interests of the child are paramount. Child inclusive practice ensures that the child’s views, feelings, and experiences are considered in decisions that affect them.
2. Empowerment: It allows children to feel heard and valued, which can empower them and improve their self-esteem.
3. Better Outcomes: Research suggests that outcomes are generally better when children are involved in the decision-making process. This includes more sustainable agreements and improved relationships between parents and children.
4. Improved Understanding: It can provide parents with a better understanding of their child’s needs and perspectives, which can lead to more child-focused decisions.
5. Reduces Conflict: Child inclusive practice can help to reduce conflict between parents by focusing their attention on the needs and wellbeing of the child.
6. Compliance with International Law: The United Nations Convention on the Rights of the Child, which Australia is a signatory to, states that children have the right to express their views in all matters affecting them. Child inclusive practice helps to uphold this right.

However, it’s important to note that child inclusive practice must be carried out in a way that is age-appropriate and sensitive to the child’s needs and capacity to understand the situation. It should not place undue pressure on the child or expose them to harmful situations.

Disadvantages of Child Inclusive Practice

Whilst Child Inclusive Practice has many benefits, there are also potential disadvantages:

1. Emotional Stress: The process can be emotionally stressful for children, especially if they feel caught in the middle of parental disputes.
2. Misinterpretation: Children may not fully understand the situation or the implications of their views, leading to potential misinterpretation of their feelings or thoughts.
3. Manipulation: There is a risk that parents or other adults may attempt to manipulate or influence the child’s views to their advantage.
4. Confidentiality: Maintaining confidentiality can be challenging, especially if the child discloses information that indicates they are at risk of harm.
5. Burden of Decision: Children may feel burdened or pressured by the responsibility of contributing to decisions about their living arrangements or other matters.
6. Inappropriate Involvement: Depending on the child’s age and maturity, they may not be developmentally capable of participating in such processes.
7. Inconsistency: Children’s views can change over time, and what they express at one point may not be their view at another time.
8. Risk of Harm: If there are issues of family violence or abuse, involving the child directly could potentially expose them to further harm.

It’s important to note that these potential disadvantages need to be carefully considered and managed by professionals involved in the process. The child’s best interests, as per Section 60CC of the Family Law Act 1975 (Cth), must always be the paramount consideration.

You should always get advice from the best family lawyers. Barker Evans provides expert family law advice, and we are located in the heart of Sydney CBD.

We have considerable experience with guiding our clients through Child Inclusive Practice. If you want advice from an expert family lawyer, please call us for a free consultation for 15 minutes on (02) 8379 1892 or info@barkerevans.com.au.