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Participation of children

Children often don’t attend court every time.

While participation is encouraged, in relation to care and protection matters a child or young person is usually not required to attend unless specifically requested by the court.

The law says children should be told what is happening at court, and about the court’s decisions in a way that fits with their age and understanding.

The court has the responsibility to ensure that:

  • the child or young person has the opportunity to be heard and participate in the proceedings
  • their age and developmental capacity is taken into account so that they understand the proceedings and their implications
  • procedures and rulings are fully explained to them if they ask for an explanation.

If a child or young person subject to care proceedings does attend, the court may ask them to leave the room if circumstances arise that might be considered harmful to them.

Communities and Justice (DCJ)  is required to assist the child or young person in meeting their solicitor before court, so that they can have the proceedings explained and express their views and where appropriate, give instructions.

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Last updated: 18 Oct 2019