Roderick Best

6th World Congress on Family Law and Children’s Rights

17 – 30 March 2013Sydney Convention and Exhibition Centre

Child heritage vs child familial identity

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Is the legal status of the relationship between the carer and the child relevant when waiting to preserve the child’s identity and permit a long term stable placement

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Continuum of legal relationships for a child away from parents

• Foster care• Guardianship• Parenting orders• Adoption

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Importance of identity and culture

• UN Convention on the Rights of the Child

• Aboriginal Placement Principles• Cultural Planning

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Director-General, DoCS vs D (2007) NSWSC 762

• Removal near time of birth• Single placement to time of judgement

when child is 4 years• Sudanese birth parents• Anglo Celtic carers• No anticipated restoration

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Director-General, DoCS Vs D

• Strong connection with ethnicity and culture of origin

• Attachment• Adoption vs parenting orders

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Adoptions

• Establishes a new family• Severs significant links with birth family – but

‘open’ adoption• Best outcomes the younger the child is adopted• Best outcomes with known adoptive parents• High levels of emotional security• Strong sense of belonging• Greater perseverance• Contact encouraged

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Tracey (2011) NSWCA 43

• Lives with family in Cambodia for first 14 months

• Travels to Australia where put in care following mothers immediate incarceration

• Placed with mother and adult daughter as carers: neither Khmer

• No anticipated restoration

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Fostering

• Limited parenting rights• Best outcomes for older children coming

into care• Difficulties with multiple placements and

poorer health and education outcomes• Insecurity in placement vs clear

connections with birth family• Strength through involving kin

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Conclusion

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Promote legal relationship that is child centred by balancing range of issues for child’s welfareincluding:

• Stability• Secure loving relationship• Cultural identity

Thank you

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