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Balancing Child Heritage and Familial Identity in Legal Frameworks

This presentation discusses the vital intersection of child heritage and familial identity within legal contexts, particularly focusing on the impact of various legal relationships such as foster care, adoption, and parenting orders. It emphasizes the importance of cultural identity as outlined in the UN Convention on the Rights of the Child and the Aboriginal Placement Principles. The discussion reflects on case studies, including the Director-General, DoCS vs D. (2007), illustrating the complexities involved in ensuring a child's stable placement while respecting their cultural roots and emotional security.

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Balancing Child Heritage and Familial Identity in Legal Frameworks

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Presentation Transcript

  1. 6th World Congress on Family Law and Children’s Rights 17 – 30 March 2013 Sydney Convention and Exhibition Centre Child heritage vs child familial identity Roderick Best

  2. 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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  4. Continuum of legal relationships for a child away from parents • Foster care • Guardianship • Parenting orders • Adoption 4

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  6. Importance of identity and culture • UN Convention on the Rights of the Child • Aboriginal Placement Principles • Cultural Planning 6

  7. 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 7

  8. Director-General, DoCS Vs D • Strong connection with ethnicity and culture of origin • Attachment • Adoption vs parenting orders 8

  9. 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 9

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  11. 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 11

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  13. 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 13

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  15. Conclusion Promote legal relationship that is child centred by balancing range of issues for child’s welfare including: • Stability • Secure loving relationship • Cultural identity 15

  16. Thank you Cartoons courtesy The New Yorker and Peanuts Worldwide LLC 16

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