“layers of truth” – Dr Phil Watts on information to children (truth) & how we take information from them in the Court process (children’s voice), Pacifica Congress Conference series.

“layers of truth” – Dr Phil Watts on information to children (truth) & how we take information from them in the Court process (children’s voice), Pacifica Congress Conference series

Dr Phil Watts (https://www.mindstatepsychology.com.au/)

At the Pacifica Congress Conference live in Hobart 2023 www.pacificacongress.org

 

The Inside Family Law Podcast is hosted by Zoe Durand at Mediation Answers www.mediationanswers.com.au in partnership with Lawyer Magic and ArtWork.

 

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• The voice of children
• “Children need to be heard, but we need to very careful involving them in a legal process. If they say too much or get too involved then it’s stressful, if they don’t get heard then they feel powerless and anxious and that’s not helpful either.”
• Sometimes children want to please both parents and may say different things to each parent to please them.
• Different things can happen:
  • They speak their mind – this can be hard to do
  • They duck for cover – try to stay out of dispute and say nothing wrong.
  • They pick sides – different ways they can do this. Can be aligning with most powerful side.
  • They don’t trust anyone.
• “layers of truth… its got to be at an appropriate level for their age of development.”
• Listen to what they are actually asking.
• Judges interviewing children. We need to look at the skill set of the person speaking with the children.
• Distinction between children’s likes vs children’s wishes. Important children understand that their “wishes” are not necessarily going to be “granted” as such or this breaks more trust.
• Dr Watts discusses what he says to children when he meets them. That he wants to find out what they like and what they don’t like to help the adults make the decisions best for them.
• “We should be talking about likes not wishes.”
• Within the existing system there are things Judges can do. Example about Judge drafting a statement of truth for the children as assisted by Dr Watts.
• “There are things we can do now.”
• “Children are not little adults, they have their own unique view of the world and we need to understand them.”
• “the better the court knows what the child is like” the more we can work out what is best for them.
• Looking at the world as a unique individual.
• What is the fundamental thing this child needs to get the best dose… of mum and dad.”
• What lawyers can do: move past parents desire to “win their rights, win their fight” and do what they can to keep focused on the child. For example a photo of the child at mediation in the centre of the table.