What say do I have when the Court considers whether I am in need of care and protection?This is a featured page



The Convention on the Rights of the Child says your views must be listened to and taken into account when any decision is made about your care.[18]. The older you are the more weight will be given to your views.[19]

There are different ways in which the Court can be made aware of your views:

  • Child, Youth and Family social workers must find out what your wishes are to help them to decide whether to take Court action or what orders to ask for.[20] They should try to get your support for these
  • A lawyer (known as counsel for the child) will be appointed to speak for you in the Family Court proceedings.[21] The lawyer will talk to you privately and will ask you for your views – in particular, whether you want to live with your parents, with some other friend or relative or with foster parents. Your lawyer must tell the Court what you want but should not pass on information that you want kept confidential.
  • A lay advocate (a person from your own culture) can be appointed to support you if you are from a Maori or Pacific background or you are from a minority culture.[22]. The lay advocate can tell the Court about cultural matters that relate to decisions about you and where you are to live.
  • The Family Court Judge must help you to participate in any court proceedings. The Judge can order that you be present at the hearing[23]. If you want to be at Court and make sure the Judge hears your point of view you can tell your lawyer to ask the Court to make an order that you should attend the hearing.




[18] Article 9.2 UNCROC states that children must be given the opportunity to participate in the proceedings and make their views known and Art 12.2 gives children the right to be heard in court proceedings either directly or through a representative.
[19] Article12.1 United Nations Convention on the Rights of the Child (UNCROC) states that the children’s views must be given due weight in accordance with their age and maturity.
[20] s5(d) & s5(e)(ii) CYPF Act, Article 12 UNCROC
[21] s159(1) CYPF Act
[22] s163(1) CYPF Act
[23] s11 and s157 CYPF Act



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NehaYL 		Latest page update: made by NehaYL , Jun 29 2009, 9:50 PM EDT (about this update About This Update NehaYL Edited by NehaYL


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