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by Patty Pitts
Children need better support and should be consulted more about the legal decisions affecting them. That’s according to a recent report on their participation in the province’s family court system.
The report, Meaningful Child Participation in British Columbia Family Court Processes, is the result of a three-year project by the International Institute for Child Rights and Development (IICRD), based at the University of Victoria.
The review of the current state of young people’s participation in family court proceedings, identification of good practices to support that participation, and suggestions for improvement included members from the B.C. bench and bar, as well as child rights experts.
Report recommendations include: appointing one caring adult to support each young person and their participation; making the court system less adversarial; and more education and training on how to support children for judges, lawyers and other decision-makers in the court system.
“We wanted to investigate how the views of children and young people currently are, or aren’t, being heard in B.C. family court in custody, access and child protection issues,” says Suzanne Williams, IICRD deputy director and legal advisor.
“According to the people involved in the court process, children don’t always get information about what’s going on in a way they understand, and adults don’t always listen to them, especially if they’re younger than 12-years-old.”
Just one caring adult who takes the time to listen to a child can have a major impact on the quality of that child’s experience in court, says Williams, who adds: “Involving young people and their views and submissions also can result in more timely resolution to court disputes which reduces court costs.”
As a child, Tarryl McNamara was involved in the court process; as an adult she participated in the IICRD project. “I kept wishing I was 12, because then someone would listen to me,” she says, recalling a court practice to only consult children more than 12-years-old.
The project conducted surveys, interviews and focus and discussion groups with more than 150 people across the province. It implemented a pilot project in Kelowna involving trained interviewers for the children; training sessions for involved lawyers, judges, and court house staff; and a streamlined practice to have the views of young people shared with judges in family court proceedings.
The project, originally planned for a three month duration, has been so successful it was extended until October.
Along with a continuation of the Kelowna initiative, the project’s second phase involves developing a common court process framework and training modules for professionals involved in B.C. family court proceedings. Funding will be provided by the Law Foundation of British Columbia and the provincial Ministry of the Attorney General.
The report is available for download at: www.iicrd.org/familycourt.
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