PARTICIPATION OF CHILDREN AND YOUNG PERSONS WITHIN NEW ZEALAND FAMILY COURTS National Judicial College of Australia 7 February 2015 – Judge Peter Callinicos CONTENTS Page 3 New Zealand The Basics – 4 The Statutory Framework 4 Introduction 4 Two Principal Statutes 5 The Increasing Opportunity for Participation 5 Differing Definitions of “Child” 6 Statutory Opportunities to be Heard 6 Introduction 6 The Care of Children Act 2004 7 Development of Express Safety Assessment 9 Care of Children Act Reforms 2014 COCA” – – “Diet 10 Current COCA Provisions as to Child’s Voice 12 Children Young Persons and Their Families Act 1989 13 Family Courts Act 1980 14 Domestic Violence Act 1995 15 The Family Proceedings Act 16 Case Law 16 Should the Judge Meet a Child? 17 Rationale for Meeting a Child
PARTICIPATION OF CHILDREN AND YOUNG PERSONS WITHIN NEW ZEALAND FAMILY COURTS National Judicial College of Australia – 7 February 2015 Judge Peter Callinicos CONTENTS New Zealand – The Basics The Statutory Framework Introduction Two Principal Statutes The Increasing Opportunity for Participation Differing Definitions of “Child” Statutory Opportunities to be Heard Introduction The Care of Children Act 2004 Development of Express Safety Assessment Care of Children Act Reforms – 2014 – “Diet COCA” Current COCA Provisions as to Child’s Voice Children Young Persons and Their Families Act 1989 Family Courts Act 1980 Domestic Violence Act 1995 The Family Proceedings Act Case Law Should the Judge Meet a Child? Rationale for Meeting a Child Page 3 4 4 4 5 5 6 6 6 7 9 10 12 13 14 15 16 16 17
Callinicos-J-The-Childs-Voice-Final.docx