Legal experts are concerned proposed changes to the Family Court could see children 'silenced' in custody battles.
The Government is planning to scrap the lawyers responsible with guiding children through the court process unless it is a serious domestic violence or child protection case.
"Much of the fight is often about children. But if you take their representation out then we doom them not to be heard," said legal academic Mark Hennegan.
The Law Society's family law chair, Garry Collin, agrees the plans may put the voice of children in jeopardy.
"When children have a voice they speak truth into proceedings that often can't be obtained from anywhere else," Collin said."
However, Justice Minister Judith Collins said child advocates are often not needed as parents can represent their children.
"The current situation where pretty much every child gets a lawyer is overkill, frankly, and is not necessary," said Collins.
Parents are not exempt from the changes either. The Government is planning to reduce their access to free legal support as well.
"Family break up is probably most traumatic experience you can ever go through in your life. And to do that on your own, without legal advice, is a bit like going through surgery without a surgeon," said Hennegan.
ONE News also understands some judges are concerned about the proposed changes but a constitutional convention prevents them from speaking out.
A date is yet to be set for the bill that will usher in the Family Court changes to go before Parliament.
http://tvnz.co.nz/national-news/children-could-silenced-in-family-court-shake-up-5144346This is sad .. these kids need their independent voice - parents cannot speak for them .. some can .. but many cannot separate their own pain from the process as the ultimate goal is "what is best for the children", not which parent could appeal the most succinctly or throw the most money at the case.
