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The role of counsel for the child : perspectives of children, young people and their lawyers : research report Taylor, Nicola J.; Gollop, Megan; Smith, Anne B.; Tapp, Pauline

By: Contributor(s): Material type: TextTextPublication details: Wellington, N.Z. Dept. for Courts 1999Description: 222 pISBN:
  • 0477018653
Subject(s): DDC classification:
  • 346.015 ROL
Summary: This report discusses a survey that investigated children's knowledge about their counsel and the legal proceedings in care and protection, and care and contact cases. The research was undertaken in the Dunedin and Papakura Family Court districts and involved 20 children and young people ranging in age from 8 to 15 years. Twelve lawyers who were appointed to represent the children also took part in the survey. Semi-structured interviews were conducted with the children and lawyers. Brief questionnaires were also completed by counsel and the children's parents or caregivers. The results of the survey show that 25% of the children expressed strongly positive feelings about the role of their lawyer, and 50% were neutral or mildly positive about their experience. Key findings indicate that children are capable of forming views and understanding the concept of legal representation when an understanding lawyer is representing them; better decisions can be made by seeing issues from the child's perspective; styles of communication are paramount in obtaining quality information from children; adequate information concerning legal processes should be given to children; negotiation and patience concerning their individual circumstances is important with children; and, provided care is taken, children can be empowered by their lawyer in understanding and accepting decisions made by the Court.
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This report discusses a survey that investigated children's knowledge about their counsel and the legal proceedings in care and protection, and care and contact cases. The research was undertaken in the Dunedin and Papakura Family Court districts and involved 20 children and young people ranging in age from 8 to 15 years. Twelve lawyers who were appointed to represent the children also took part in the survey. Semi-structured interviews were conducted with the children and lawyers. Brief questionnaires were also completed by counsel and the children's parents or caregivers. The results of the survey show that 25% of the children expressed strongly positive feelings about the role of their lawyer, and 50% were neutral or mildly positive about their experience. Key findings indicate that children are capable of forming views and understanding the concept of legal representation when an understanding lawyer is representing them; better decisions can be made by seeing issues from the child's perspective; styles of communication are paramount in obtaining quality information from children; adequate information concerning legal processes should be given to children; negotiation and patience concerning their individual circumstances is important with children; and, provided care is taken, children can be empowered by their lawyer in understanding and accepting decisions made by the Court.

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