When Families Separate

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Boys and girls from diverse backgrounds talk to the camera with questions about the ICL.

Girl 1:

Why do I have to have a lawyer?

Girl 2:

Where do I see the lawyer? And who will be with me?

Boy 1:

Does the lawyer decide what's going to happen to us?

Boy 2:

My mum says it's the judge who decides. Is that right?

Girl 3:

Will the children's lawyer do what I tell them?

Boy 3:

I know what I want although I don't want to hurt mum or dad's feelings.

Boy 4:

I just worry about saying the wrong thing.

Girl 4:

Yeh. Like whose side is the lawyer on?

Meet the Independent Children's Lawyer (the ICL)

The ICL is talking with background of the courtroom and interviewing kids in the ICL interview space.

Independent Children's Lawyer (ICL) (to camera):

Wow. That's a lot of questions! Ok. Lets see if I can help! I'm Jackie and I'm an Independent Children's Lawyer. Independent means that I don't take sides. I'm not mum's lawyer or dad's lawyer.

But if mum and dad go to court – sometimes the Court decides that the kids need a lawyer too. And my job is to help the Court decide what's best for the kids.

So what I do is talk to the kids about their lives. And I also talk to teachers, doctors and psychologists and find out stuff that helps me understand more about you.

Int. Family Court - Day

The ICL is in a Court Room. She talks to the camera in an upbeat style of a kids' lifestyle or music show. As she talks the parents and their lawyers come into court.

ICL (to camera):

Ok, let's set the scene. Mum and Dad go to Court; arguing over parenting details. Where the handover should be, going to Nan's for your school holidays, that sort of stuff. And of course who you're going to live with and how much you will see your other parent.

Going to court is hard and no-one likes it. But sometimes parents have to when they can't agree.

The good thing is, kids don't have to.

The ICL is now standing near the judge's seat.

ICL (to camera):

But the Judge is interested in you. They sit up at the front here.

The judge 'magically' appears in the seat.the ICL is a little startled.

ICL (to judge):

Oh. Excuse me your Honour.

The judge responds as though there is nothing unusual.

Judge (to ICL and then to the camera):

Carry on Ms Kline. I'm sure your audience are very keen to hear more...

ICL (to judge):

Yes your honour. Thank you, your honour.

ICL steps away a little further from the judge and continues.

ICL (to camera):

The judge is interested in what's best for you.

And they listen to what everyone says about that.

As the ICL points out the bar-table and area behind it, we see various characters appear as she refers to them. (mum, dad and their respective lawyers).

ICL (voice):

The judge listens to mum and dad or their lawyers if they have one.

ICL takes her place at the bar table between the other to lawyers. the court scenes continue...

ICL (to camera):

And the judge also listens to me. Its my job is to make sure the Judge knows lots about your situation before making a decision.

When a judge decides on what should happen – they make an Order. An Order is a serious legal decision and everyone - Mum and Dad and you – have to do what the judge says - about where you live, how much time you'll spend with mum and dad, and?handovers - all the stuff that your folks have been arguing about.

Everyone except the ICL dissolve back out of the courtroom. She is alone again with her audience.

ICL (to camera):

So let me answer some of those tough questions:

Boy 2:

My mum says it's the judge who decides. Is that right?

Family Court background and background of dad bringing kids to the ICL interview - Day

ICL (to camera):

The judge will decide – only if mum and dad can't agree. Sometimes mum and dad do agree before they go to court. Its part of my job is to help them reach an agreement - by making sure your parents focus on you and what you need. So I can talk to them or their lawyers and explain a plan I think is best for you –Sometimes they both agree. But if they don't then – yes the judge will decide.

Girl 3:

Will the children's lawyer do what I tell them?

Family Court - Day

ICL (to camera):

No. But we listen to your feelings and make sure that the Judge knows what you want.

And try not to worry about what to say or what you think mum or dad might want you to tell me.

Because I'm more interested in the day-to-day things; a day in a life of you! Like school and sport and friends and what you like doing with mum and what you like doing with dad. So I can begin to think what's best for you.

But what you tell me is only part of the story. I talk to lots of people and read lots of stuff – to help the judge decide.

Girl 2:

Where will I see the lawyer and who will be with me?

Family Court and the Independent Children's Lawyer's office waiting room - Day

ICL:

That's an easy one. Usually, we meet in my office. It takes about an hour. Mum or Dad wait outside while we're talking.

Boy 3:

I know what I want although I don't want to hurt mum or dad's feelings

Boy 4:

I just worry about saying the wrong thing

Family Court - Day

ICL:

Your views are only one thing that the Judge thinks about when they to decide. They also listen to your parent's opinions and what other people who know you have said. So please don't worry about saying the wrong things.

Time for one more question.

Girl 2:

How will I know when the case is finished?

Family Court - Day

ICL:

The case finishes when mum and dad agree on a plan that's best for you - or the Judge makes a decision about what's best. When that happens I will arrange to see you and explain what's been agreed.

---END---

END NOTES:

This story and the characters in it are made-up and not based on any actual people or their situation.

For more information about this video visit www.bestforkids.org.au

The information in this video is a general guide to the law. It should not be relied on as legal advice and it is recommended you talk to a lawyer about your particular situation. At the time of production, the information shown is correct but may be subject to change.

If you need legal help or referral contact: LawAccess NSW on 1300 888 529 or www.lawaccess.nsw.gov.au.

Copyright Legal Aid NSW August 2011.

Produced by eegenda.

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