What is the lawyer for the
child in the Family Court?
The Family Court can appoint a lawyer for the child at any point after an application for a parenting or guardianship order has been made. A lawyer for the children is likely to be appointed in cases where a child's safety is an issue. For example where there are allegations of abuse or neglect of the child, or where domestic violence has occurred in the child's household.
The job of the lawyer for the child is to:
- Explain the Family Court process to the child in a way they can understand
- Meet with the child (if the child is old enough) to find out what they think about the dispute and possible ways to solve it
- Make sure the child's views and all issues relevant to the child's welfare and best interests are explained to the Family Court
- Represent the child and the child's welfare and best interests as the case goes through the court system.
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The lawyer for the child usually also meets with the parties (usually parents) to discuss matters with them. The Lawyer for the Child will then file a report with the Family Court detailing their findings and may make recommendations for how the matter should be progressed.
As the name says, the lawyer for the child is the child's lawyer, and no-one else's. Like any other lawyer who represents someone in the Family Court, the lawyer for the child can bring witnesses into the Court to give evidence, cross-examine witnesses brought to the Family Court by the parties, and address the Judge (make submissions) about the evidence, the law that applies to the case, and anything else they feel ought to be brought to the Judge's attention.
Contact
Contact Antoinette Vujnovich, Auckland family lawyer, to discuss your Auckland Family Court application or make an appointment.
m: 021 210 0930
info@edenfamilylaw.co.nz