Children at risk- domestic violence, child protection and the Children's Court of New South Wales decision-making process

Abstract

This study set out to examine the decision-making process in care proceedings brought before the Children’s Court involving allegations of domestic violence as a child maltreatment concern in accordance with NSW Children and Young Persons (Care and Protection) Act, 1998. The growth in understanding of domestic violence as a specific category of child maltreatment has seen increased attention and involvement of an array of professionals in the child protection field including statutory caseworkers, solicitors, and other external services working with children and families. Court decisions encompass risk assessment and immediate and long term safety planning. They also involve professionals navigating both shared and individual language in the process of assessment. What constitutes the specific risk of domestic violence, and decision-making in cases involving domestic violence is often contested in care and protection matters. This study utilised qualitative methodology, specifically applying a case study approach involving both a prospective and retrospective review of cases. The retrospective review followed a series of cases from the commencement of the court case, to the finalisation of orders. A parallel retrospective review of archive cases and court files from Community Services was undertaken.

Central to this study was examination of the role of professional stakeholders, their assessments and contribution to court decision-making. The findings in this study highlight that much professional decision-making occurs prior to proceedings. The decisions made in all reviewed matters were found to be the result of the coalescence of professional knowledge, interpretation and interagency collaboration. Professionals developed discourses of risk, compliance, insight and safety in their assessments. Such assessments formed a narrative of domestic violence characterized by an emphasis on summarising patterns within key incidents, evaluating the parent’s ongoing relationship dynamics and parenting capacity. Significantly, in this narrative, an inability to separate from a violent partner was indicative of a lack of maternal protectiveness. Additionally, childrens’ age and gender influenced the assessment of the impact of violence on individual children. These interpretations informed the court’s evaluation of evidence of domestic violence and its impact on children as well as the proposed interventions and care plans necessary to ensure children’s safety