Page 12 - AFCC Australian Conference 2018

Workshop
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Workshop 9 Listening to Children in Hague International Child Abduction Cases.
Justice Robert Benjamin
Family Court of Australia, Tasmania
Dr Michelle Fernando
Senior Lecturer, School of Law, University of South Australia
Ms Caroline Smith
Victoria Legal Aid, Melbourne
Chair: The Honorable Diana Bryant
Room: Balcony 3/4 3.30 pm – 5.00 pm
The overarching aim of the Hague Convention on the Civil Aspects of International Child Abduction is to ensure that children wrongfully removed from their home country by a parent are returned ‘forthwith’ so that issues of care and custody can be determined in that jurisdiction. Being summary proceedings essentially about ‘forum’, there is no substantive inquiry as to the best interests of the child, and children are often not given an opportunity to express their views. This discounts children’s right to be heard in proceedings affecting them (Article 12 of the UN Convention on the Rights of the Child). The effects on children can be signi cant, as evidenced by Taylor and Freeman’s recent research.
In this workshop, we consider how and when children’s views can be ascertained in appropriate cases to assist reasoned determination of Hague matters. We present academic, judicial and Independent Children’s Lawyer perspectives of how available methods of listening to children could better be used to improve experiences, and possibly outcomes, for children in these situations.
In particular, we consider how initiatives such as:
 routine appointment of Independent Children’s Lawyers (ICLs);
 ordering of preliminary Family Reports; and
 judicial and/or ICL meetings with children could assist in this dif cult process, and we highlight the recent initiative of cross-border mediation to resolve disputes whilst ensuring safety and stability for children and parents.
12. 5th Annual AFCC AUSTRALIAN CONFERENCE 2018