It is not uncommon for parents to have a fixed view that the only fair parenting order or agreement is for children to spend equal time with each parent. These expectations can hinder achieving agreement at mediation, particularly when such views do not align with the views of the children.<\/p>\n
Parents need to be mindful and always consider what is in the best interest of their children and take into account the children\u2019s views where possible. Mediators are also required to be child focused and try to ascertain what the views of the children are, as children are recognised as having a right to have their views taken into account regarding where they are to live and how much time they spend with each parent upon separation.<\/p>\n
The rights of children are internationally recognised within the\u00a0United Nations Convention on The Rights of the Child<\/a>\u00a0(Article 12), to which Australia is a signatory. This does not mean that children can tell their parents what to do but it does mean that the children\u2019s views must be considered when making any decisions which may affect them. The Convention encourages adults to listen to the opinions of children and to involve them in the decision-making process. These principles have been enshrined in the\u00a0Family Law Act 1975 (Cth)<\/em><\/a>\u00a0which governs how the court determines parenting matters.<\/p>\n Whilst parents have a right to express their views on matters affecting their children, and also have a responsibility to do so, the views of the children cannot be ignored. The extent of the children\u2019s participation in decision-making will, of course, depend on the child\u2019s level of maturity and their capacity to form and express opinions. Teenagers\u2019 views will carry more weight than very young children and this becomes critical as an agreement may become unworkable where a teenager refuses to spend time with a parent<\/p>\n Views of children can be incorporated into the mediation process where the mediator uses a child-focussed approach or a child-inclusive \/ informed practice. These processes are used to assist parents to make arrangements for children to meet the needs of their children.\u00a0 Decisions such as where the children live and with whom they spend time, what financial support they need, respectful communication between the parents and how the parents will manage major decisions for the children\u2019s care, welfare and development can be framed with this input.<\/p>\n In child-focused practice, mediators try to direct the parents\u2019 attention to the needs of their children and bring into the mediation the child\u2019s perspective. Child-inclusive practice involves a trained child consultant interviewing the child and providing feedback to the parents about the child\u2019s developmental needs. Child-inclusive practice provides an independent assessment of the child\u2019s views and provides an independent evidence base, to assist decision-making, rather than basing decisions on assumptions of what the child\u2019s views might be.<\/p>\n Whilst children rarely want to be put in the role of decision-makers, it is critical to ensure whatever mediation process is adopted by parents, that the children have a say in the arrangements being made for them, post-separation. Children want their views to be taken seriously, as a sign of their parents\u2019 respect for them. It is important that children are not exposed to pressure by parents\u2019 manipulation or to damaging loyalty conflict. Parents may discover, through child-inclusive mediation, that the child has expressed views which are different from the parent\u2019s understanding of the child\u2019s wishes. This may be very upsetting to a parent and may mean that to accommodate the child\u2019s wishes, they have to put the child\u2019s needs before their own. A parent in a child-inclusive mediation needs to be willing to listen, without repercussions to the child, as to the concerns and needs of the children, to ensure that the arrangements agreed upon incorporate those needs and wishes.<\/p>\n It is always imperative to place the children\u2019s best interests as the paramount consideration when making decisions for them. Children should not be embroiled in the parental dispute, but have a right to have their views heard without fear of losing their parents\u2019 love and be punished.\u00a0 Decisions made at mediation do not need to be permanent arrangements and should be revisited from time to time taking into account the child\u2019s changing views as they develop and learn to negotiate their new living arrangements.<\/p>\n Get the best representation. Contact our expert family Lawyers on\u00a01800 999 529<\/a>, email\u00a0mail@rmold.newwebsite.live<\/a>\u00a0or submit an enquiry below.<\/p>\nChildren\u2019s involvement in mediation<\/h2>\n
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