Separation and family law negotiations can be an overwhelming and confusing time for children, who are often left uncertain about what is happening and how decisions that will directly affect their lives are being made. During National Children's Week, the Federal Circuit and Family Court of Australia launched two groundbreaking initiatives aimed at placing children at the heart of family law processes.
We spoke to family lawyer and College of Law adjunct lecturer Kathryn Kearley, to guide us through these important changes. We explore the newly launched Children's Charter and Kids' Corner, resources designed to empower children whose parents are separating and involved in court proceedings. We also examine the crucial role of Independent Children's Lawyers in advocating for what is best for the child, the important work of the court child expert, and essential resources that help parents understand the effects of conflict and family violence on children.
Together, these elements reflect the Courts' commitment to child-centred practice and are helping to make the family law system more accessible and child-friendly for families navigating separation.
New initiatives place children at the centre of family law proceedings
Two initiatives, the Children's Charter and Kids' Corner, were announced during National Children’s Week. Both are designed to support children whose parents are separating and involved in family law proceedings.
The Children's Charter affirms the Courts' commitment to placing children at the centre of decision-making, outlining ten principles that promote safety, dignity, and participation.
Kids' Corner provides age-appropriate information through animations and resources to help children understand what happens when families go to court, including how decisions are made about where they live and who they spend time with.
The Hon Judge Kylie Beckhouse described the launch as "an important milestone in our Courts' ongoing commitment to children and young people," emphasising that the Charter was developed through "considerable time consulting with experts, listening to children's voices, to ensure that the Charter and other resources are both informative and empowering."
The Hon Justice Alice Carter reinforced this commitment, stating that "The FCFCOA is committed to honouring those rights through the Children's Charter, our child participation framework, and initiatives like Kids' Corner."
National Children's Commissioner Anne Hollonds commended the Courts' leadership, noting that children have said in the past they were "kept in the dark" and highlighting the importance of ensuring "their views must be listened to and respectfully considered."
"These resources represent a fundamental shift in how we approach family law proceedings," Kathryn Kearley says. "As practitioners, we need to be aware of these initiatives not just as tools for children, but as a reminder of our responsibility and that of parents that the children's best interests remain central to decisions made."
What do parents need to know about conflict and family violence?
The Courts have developed critical resources to help parents understand how their behaviour affects children during separation.
The fact sheet on parental conflict explains that while disagreement is normal, high levels of conflict place children at greater risk of developing emotional, social and behavioural problems. Post-separation conflict is most harmful when parents use children to express their anger — such as asking children to carry hostile messages, demeaning the other parent, or making children feel they must hide positive feelings for the other parent.
"Sometimes a parent may not realise that their children are absorbing the hostile exchange," Kathryn Kearley says. "When children are placed in the middle of their parents' dispute, they're forced into an impossible position. This fact sheet helps parents recognise these harmful patterns and understand that protecting their children means keeping them out of the conflict."
A separate fact sheet addresses family violence, which is distinct from parental conflict in its use of power and control. Family violence involves an intentional pattern of coercive behaviour including physical, psychological, sexual, financial, and cultural forms of abuse. The resource explains that family violence affects both the direct victim and the parenting behaviours of both parents, and that risks to children can escalate during separation.
"It's crucial to understand the distinction between conflict and family violence," Kearley says. "Family violence isn't just about physical harm. It's about power, control, and creating an environment of fear. This resource reminds us that the decision to perpetrate family violence is also a decision about what type of parent a person is going to be."
"These resources are invaluable because they help separated parents understand the real and lasting impact their behaviour has on their children," Kearley concludes. "By providing clear information about the difference between normal disagreement and harmful conflict or violence, these fact sheets empower parents to make better choices and prioritise what truly matters: their children's emotional and physical safety."
What does an Independent Children's Lawyer do for your child?
An Independent Children's Lawyer (ICL) is appointed by the Court to represent and promote a child's best interests in family law proceedings, particularly in cases involving allegations of abuse or neglect, high levels of parental conflict, family violence, or complex issues. The ICL's role is to act independently, arranging for necessary evidence to be obtained, facilitating the child's participation in proceedings, and ensuring any views expressed by the child are fully put before the Court.
From May 2024, significant changes to the Family Law Act require ICLs to meet with children and provide them with an opportunity to express their views, unless the child is under five years of age, doesn't want to meet, or there are exceptional circumstances.
"This legislative change ensures that every child has the opportunity to be heard in proceedings that will fundamentally shape their life," Kathryn Kearley says. "Previously, whether an ICL met with a child was left to discretion, but now it's a requirement that reflects our commitment to children's rights under the UN Convention on the Rights of the Child."
The ICL has numerous options when determining what is in a child's best interests, including speaking to the child's school counsellors and teachers, examining documents from schools and child welfare authorities, reviewing medical and psychological records, and arranging for independent expert evidence. Importantly, while ICLs must consider the views of the child, they ultimately provide their own independent perspective about what arrangements are in the child's best interests, acting as an honest broker between the child and parents and facilitating settlement negotiations where appropriate.
"The ICL serves a unique and vital function in the family law system," Kearley explains. "They're not representing either parent — they're focused on what's best for the child. This independent perspective is invaluable, particularly in high-conflict cases where parents may be so caught up in their dispute that the child's true needs get lost. The ICL ensures the court has a clear, child-focused voice cutting through the conflict."
How do Court Child Experts work alongside Registrars to put children first?
In an internationally unique model, over 100 Court Child Experts (CCEs) work closely with Registrars of the Federal Circuit and Family Court of Australia to provide early reports that identify risks and help parents understand their children's experiences of parental conflict.
These experts use child inclusion practices — an evidence-based approach pioneered by Professor Jennifer McIntosh AM — which involves developmental consultation with children within dispute resolution processes. Child inclusion helps parents refocus on their children's developmental needs and experiences, rather than remaining caught in conflict, and research demonstrates beneficial long-term impacts on the stability of parenting plans and children's adjustment to separation.
As illustrated in "Tom's Game," a story told by a seven-year-old boy navigating his parents' separation, child inclusion can transform family outcomes when expert practitioners help parents understand what their children truly need.
"The work of the Court Child Expert represents one of the most powerful interventions in our family law system," Kathryn Kearley says. "By bringing children's voices and experiences into the room — in an age-appropriate and therapeutic way — these experts help parents step back from their conflict and see the situation through their child's eyes. This isn't about choosing sides. It's about giving parents the information and insight they need to make decisions that genuinely serve their children's best interests.”
Together with the Children's Charter, Kids' Corner, the enhanced role of ICLs, and resources on conflict and family violence, these initiatives reflect a fundamental shift toward truly child-centred family law practice, one where children are no longer kept in the dark, but are respected, heard, and protected throughout the separation process.
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