What is Kids Talk?
Kids Talk is the child inclusive program at the Victoria Legal Aid Family Dispute Resolution Service (FDRS).
The program gives young people between the ages of five and 17 the opportunity to be heard when family law decisions are being made about their lives. Children have the right to be heard and have their wishes considered.
Through the program, young people meet with child consultants (experienced social workers or psychologists), who support them to safely explore their experience of family relationships, the pressures they may be under and whether they feel safe. Information gathered in this process is then confidentially shared (with young people’s consent) with their parents or carers and professionals, during the dispute resolution process.
How Kids Talk can help
Often parents and carers have different views about their children’s experiences and where children wish to live and how they feel about spending time with important family members. There may also be allegations of poor parental capacity, drug and alcohol misuse, mental illness and family violence.
When parents and carers hear in their children’s words how they are experiencing parenting arrangements, and about their social and emotional world, it can help them make more sustainable agreements. Young people have their own insights, and can provide ideas to help their parents or carers reach a resolution.
When Kids Talk can happen
Kids Talk can happen:
- when the parents and children consent to it
- when risks can be managed
- if the timing is right.
An example might be that a child protection service is currently working with a family or if a recent court child impact or family report has been prepared.
How the process works
As part of assessing whether a case is suitable for mediation, an FDRS case manager will also consider whether a case might be appropriate for Kids Talk. In their assessment conversation with each parent or carer, they will explain Kids Talk and seek consent. If a parent or carer is legally represented, they can get advice about about participating in Kids Talk.
The child consultant allocated to the case will arrange with the parents or carers to meet the children at a Victoria Legal Aid office or another venue. The child consultant will meet siblings together and then speak with each child individually. In their meetings with young people, the child consultants use established methods – including family drawings, toys and bear cards – to help them to comfortably explore and explain their family dynamics.
They reassure children that the final decisions are up to the adults, but that they do have a right to be heard. Young people understand that they may not get everything they wish for.
The child consultant then gives individual feedback to each parent by phone after the meeting. They work sensitively to help the parents explore the child’s world and to gently encourage a child-focused perspective in preparation for the upcoming FDRS conference.
The child consultant will then write a short, confidential and inadmissible report that is sent to the parents or carers, the lawyers and the chairperson. The therapeutic report offers expert guidance about interpreting the children’s experiences through a developmental lens, with a discussion on children’s needs. During the conference, the report helps to guide child-focused decisions.
Find out more about our child consultants and their experience.
Why lawyers recommend Kids Talk
FDRS conferences consistently achieve a settlement of all or most of the substantial issues in dispute in over 80 per cent of cases and a higher percentage of cases settle after Kids Talk.
Lawyers, including independent children’s lawyers, regularly recommend Kids Talk because hearing from children helps families reach safe, sustainable agreements. In many cases involving Kids Talk, they would not be able to be resolved without children’s views being considered.
Most importantly, children have a say in the decisions that directly affect them and agreements reached are more child-focused and tailored to individual children’s needs.
Role of lawyers
Lawyers can provide advice to represented parents or carers about whether to participate in Kids Talk, as well as advising clients on options once Kids Talk is completed.
If parties are represented, the Kids Talk written summary is released to their lawyers at the same time as the parents or carers, after the child consultant has provided verbal feedback to each parent/carer.
Sometimes feedback about the experience of young people can be surprising or challenging to hear. Lawyers can help parents and carers work through the Kids Talk summary and prepare for the dispute resolution conference, giving advice about what a court may order if an agreement isn’t made.
More information
To access the Kids Talk program, you need to be going through our our Family Dispute Resolution Service for mediation.
For more information call 1800 136 832 or email fdrs@vla.vic.gov.au
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