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This factsheet provides information for parents and carers about the role of the Separate Representative in Child Protection cases. Print version: |
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What is a Separate Representative?
A Separate Representative is a lawyer appointed to represent your child's best interests before the Children's Court when the Court is asked to decide whether a child protection order should be made. The Separate Representative's role is to act in your child's best interests and as far as possible place their views and wishes before the court during the proceedings.
How is a Separate Representative appointed?
Separate Representatives can be appointed by the court during child protection order proceedings if the court considers it necessary to protect the best interests of the child.
If this is the case, the Children's Court will request Legal Aid Queensland to appoint a lawyer to be the Separate Representative.
How will the Separate Representative recognise my child's best interests?
The Separate Representative is responsible for representing your child's best interests. They may gather information about the case by:
- reading the material that has been given to the court by you and by the Department of Child Safety;
- meeting your child personally;
- requesting a Social Assessment Report. A Social Assessment Report is prepared by a social worker or other professional to help the court understand your family situation and the child's wishes and emotional attachments;
- seeking information from teachers, guidance officers or other people who have had a significant amount of contact with your child;
- requesting reports from other professionals.
If your child has already been required to talk to lots of different people, the Separate Representative may not talk to them again or request new reports. Sometimes it have be quite harmful for children to have to talk to lots of different people.
How will I be involved with the Separate Representative?
It is important that the Separate representative remains independent from the parties involved in the case.
If you have your own solicitor, the Separate Representative will communicate with you through your solicitor. Do not contact the Separate Representative yourself. If you do not have a lawyer, the Separate Representative will contact you either in person, by phone or in writing.
The Separate Representative may request you to take part in the preparation of a social assessment report.
The Children's Court may also order that a conference be held between you and the Department of Child Safety. There is a chairperson at the conference and the Separate Representative will also attend. Conferences are held before a hearing to try to decide what issues are in dispute and to try to resolve them.
What happens in court?
The Separate Representative presents evidence to the court about the wishes of your child. They must also “test” the evidence before the court about what appears to be in the best interests of the child. This means that sometimes the child's wishes are not always followed.
It is important that you avoid questioning your child about what they say to their Representative. The child's discussions with their Representative are confidential.
If the matter does proceed to court, your child does not have to go to court because a Separate Representative has been appointed. Any information required for the court will be contained in reports and affidavits before the hearing.
If your child wants to give evidence, they may be able to do so if the court gives them permission. To be able to give evidence in court your child must be:
- over the age of 12;
- represented by a lawyer; and
- in agreement to give evidence.
When the final court decision is made, the Separate Representative may explain the decision to your child.
How can I find out more information?
For more information call Legal Aid Queensland on 1300 65 11 88 (local call costs from anywhere in the state) or visit your local Legal Aid Queensland office.