PROTECTING CHILDREN'S RIGHTS IN CONTACT DISPUTES: THE ROLE OF CHILDREN'S CONTACT SERVICES IN AUSTRALIA*

This article explores the role of Children's Contact Services (CCSs) in protecting children's right to express, and have heard, their wishes in contact disputes. The findings presented are drawn from the Australian Children's Contact Services Project and were based on 142 interviews with representatives from the government, the courts and legal profession who refer families to CCSs, service staff, as well as the parents and children who use the services. An analysis of client data from 396 families who had used one of six contact services in Victoria and Queensland during the month of August 2003 was also conducted. The findings suggested that CCSs successfully engaged children in a “dynamic self‐deterministic” process where children were able to explore their own wishes in relation to contact visits over time as their relationship goals changed. John Eekelaar described this process as being central to making decisions that are in children's best interests.     

Divergent Expectations and Experience: An Empirical Study of the Use Children's Contact Services in Australia

In this article, an overview of the key findings from the Children'sContact Services Project is presented. Children's Contact Services(CCSs) assist separated parents to manage contact arrangementswith their children through the provision of supervised visitationand changeover services. The aims of this project were to investigatethe use of CCSs in Australia by referring agencies (eg. courtsand legal practitioners), and clients of contact services (parentsand children), and to consider the views and expectations ofthese key stakeholders regarding those usages. This approachwas based on the assumption that there are currently conflictingusages and expectations of contact services, and that this situationcould compromise children's well-being. The findings were derivedfrom two studies. The first study involved conducting 142 in-depthinterviews with representatives from the Australian Government,the courts and legal practitioners who referred families toCCSs, CCS staff and management, as well as parents and childrenwho used CCSs. The second study comprised a quantitative analysisof client data collected by CCS staff from 396 families whohad used a government funded CCS in August 2003. The findingsdemonstrated that in Australia, CCSs provided an invaluableservice that was viewed positively by government, referral agents,CCS staff and management, and by the parents and children whoused them. Despite this generally positive view, there wereconflicting expectations of CCSs that, under certain circumstances,compromised children's well-being and that of their parents,particularly their residence mothers.