Child Participation in the Family Courts – Lessons from the Israeli Governmental Pilot Project

Tamar 0. Morag, The Law School- College of Management Academic Studies, Israel

Abstract

ABSTRACT The purpose of this paper is to present the Israeli governmental pilot project for child participation in the family courts that operated in the years 2006-2009 in two family courts in Israel. The pilot was aimed at implementing the recommendations of the Israeli CRC Legislative Committee. The article will focus on the ongoing influence of the evaluation study on the pilot project's operation and its larger implication on the formulation of policy and legislation in this area. Israel was the first county to establish a governmental pilot project aimed at regulating child participation in a judicial proceeding which was accompanied by an evaluation study and aimed at establishing legislation in this field. The outcome of the pilot should therefore be of significant interest to the International Community According to the model for participation implemented in the pilot, a special unit for Child participation, staffed by social workers and psychologists was established within the family courts. The child is offered the possibility of meeting directly with the judge who is hearing his/her case, or of conveying his/her words to the court through a Participation worker. The evaluation study related to the participation of 448 children aged 6–18 years. Informants included participation workers, judges, parents and children. Four major dilemmas in establishing policy regarding child participation and the implications of the evaluation study regarding them will be discussed: A. is it preferable for children to be heard directly by the judge or through a mental health professional? B. Should the child's statements be privileged? C .From what age should participation be permitted? D. Would the very invitation of the child to participate cause or exacerbate incitement of the child?