In recent years, Australia’s Family Law system has undergone a shift in how it handles matters involving children. One of the most notable changes is the increasing emphasis on listening to children’s voices during family court proceedings.

This article explains how this change affects families under the Family Law Act 1975 (Cth), why it matters, and how it influences outcomes in custody and parenting cases.

Why Is There a New Focus on Children’s Voices?

The Family Law Act 1975 has long required that courts prioritise the best interests of the child when deciding parenting disputes. However, many critics believed children’s own views were historically underrepresented in proceedings.

In response to growing community concern and research highlighting the psychological impact of court processes on children, reforms and evolving practices are now focusing on ensuring that children’s perspectives are heard respectfully and appropriately.

How Are Children’s Voices Heard in Family Law Matters?

There are several ways children’s voices are heard in Australian Family Law cases, particularly in disputes over parenting arrangements and child custody.

Independent Children’s Lawyer (ICL) An Independent Children’s Lawyer (ICL) may be appointed by the court to represent the child’s best interests. The ICL:

• Provides an independent viewpoint
• Considers the child’s wishes, alongside other evidence
• May interview the child personally or organise expert assessments

 While the ICL does not necessarily follow the child’s direct requests, they must present the child’s views to the court, ensuring these are considered in the overall decision-making process.

Family Reports A family report may also be prepared by a qualified family consultant, psychologist or social worker. The report includes:

• Interviews with parents, children, and others involved
• Observations of interactions between family members
• Professional recommendations about future parenting arrangements

 These reports often carry significant weight in court and can be a powerful way for a child’s voice to be heard indirectly.

Direct Participation in Court (In Exceptional Cases) Although rare, in some cases, particularly involving older or more mature children, courts may allow the child to give evidence directly, either through video link or in closed hearings. However, this approach is generally avoided to protect the child from the stress of court appearances.

Why This Shift Matters

Mental Health and Emotional Wellbeing Research has shown that children who feel heard during family disputes tend to experience lower levels of anxiety and distress throughout the process. Listening to their voices:

• Supports their emotional wellbeing
• Reduces feelings of helplessness
• Promotes trust in adults managing their care

Better Family Law Outcomes When children’s wishes are considered, courts can often make more practical and workable parenting orders, reducing the likelihood of future conflict or breaches.

Legislative Support for Change Ongoing Family Law reforms continue to refine how courts engage with children. These reforms aim to balance the child’s right to be heard with the need to shield them from undue stress.

Key Considerations for Parents

Parents involved in Family Law disputes must understand that while their child’s voice is important, it is not the only factor courts weigh. Decisions are based on a range of considerations, including:

• The child’s safety and protection from harm
• The child’s relationship with both parents
• Practical issues, such as school and housing stability
• The maturity and age of the child

The goal remains to secure orders that are in the best interests of the child under the Family Law Act 1975.

Australia’s Family Law system is steadily evolving to place more weight on children’s voices, while still ensuring that their safety and welfare are protected. If you are facing a parenting dispute or need assistance with custody matters, it is crucial to seek expert legal advice early.

Need help understanding your rights or your child’s rights under Australian Family Law?

Contact New South Lawyers today for confidential, compassionate advice.