Children should be given the opportunity to speak directly to the court on family law matters, Tasmania's Children's Commissioner says.
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Commissioner Leanne McLean on Wednesday appeared before a federal joint select committee looking into Australia's family law system.
She told the committee that an Australian Law Reform Commission paper produced last year had found that children interviewed for the study did not feel as if they had been heard in family law matters.
"They didn't feel that their views were necessarily given due weight or consideration in the process," Ms McLean said.
"The right to be heard is known as a foundational right, a gateway right, because the right to be heard enables all your other rights to be enacted."
She said children of a certain age should be allowed to give evidence within a court room if they were of a certain maturity level.
"Some children would see this as an appropriate means of having their voices heard," Ms McLean said.
"I think it is important that they are given the opportunity, however, the expectation isn't placed on them that it is the only way they can have their voice heard."
She said their thoughts and wishes could be conveyed to a court through independent childrens' lawyers or consultants.
Ms McLean highlighted that a 2017 House of Assembly committee inquiry on the family law system had found the adversarial system was inappropriate for resolving family law disputes.
"The adversarial system can be directly related to the complexity of the current determination of what's in the best interests of the children," she said.
"If we can simplify that process, we may have less subjectivity, we may have determinations being made quicker."
In her submission to the committee, Ms McLean highlighted evidence from the Australian Law Reform Commission which showed family violence and abuse was a growing issue in the family courts.
"Given the prevalence of family violence as a factor in many matters coming before the court for resolution ... I respectfully recommend that the committee inform itself of the complexities and dynamics of family violence and, in particular, the effects of family violence on children and young people," she said.
The committee is scheduled to provide a final report on the inquiry to Parliament by October 7.