1. NISHA PRICHARD University of New South Wales Faculty of Arts and Social Sciences School of Social Science n.prichard@student.uns w.edu.au 18 th August 2014

2. INTRODUCTION ‘These are judgements of Solomon at times, and we do make them and that is so scary’ Taylor Hillary, Beckett Chris, McKeigue Bridget (2008) ‘Judgements of Solomon: anxieties and defences of social workers involved in care proceedings’ in, Child and Family Social Work 2008, 13, pp 23–31

3. DEFINING ‘PARENTING’ IN COURT CONTEXT’… Risk ComplianceInsight Safety DOMESTIC VIOLENCE

4. RESEARCH Children at Risk-Domestic Violence, Child Protection and The NSW Children’s Court Decision Making Process Research Question : What is the impact of current understandings of safety, risk and inadequate parenting on professional practise and decision making within care and protection matters involving domestic violence in the NSW Children’s Court?’ Sub-questions : What are the factors that influence decisions regarding the construction of domestic violence and child protection within evidence presented to the court?’ What are the interactions between Community Services practitioners, solicitors and magistrates relating to child protection decisions in cases where domestic violence is implicated as a primary risk factor, or one of several concurrent risks?

5. DATA Findings from this research based on the following material: archive file review of twenty files, longitudinal observation of six current matters, including review of the corresponding Community Services and court file Interview with professionals stakeholder including magistrates and solicitors

6. RISK Both Evidence and Assessment/Interpretation Important ‘We don’t know these parents, we don’t know these children. We do however get often very clear pictures painted by caseworkers as to what is going on.’ JUDICIAL OFFICER PARTICIPANT Caseworker, Solicitor and Parent Perspectives ‘The reasons in brief were that (the children) were being removed as Community Services had ongoing concerns about neglect and as to the children’s supervision will she was drinking, that there were allegations of sexual assault under her supervision, that there were concerns that she had not enforced the AVO taken out in 2011, that following her agreeing with the caseworker that she would act protectively by enforcing the AVO she had not.’ APPLICATION

7. COMPLIANCE Agreements, parental contracts and formal undertakings have been designed and implemented by professionals with a view to educating parents and ensuring their commitment to addressing the identified areas of concern. Does COMPLIANCE equal ENGAGEMENT?

8. INSIGHT Benefits of a potential restoration are being balanced with key risks, including domestic violence Victim parents are required to demonstrate appropriate understanding of what has happened, what the children’s needs are, and necessary steps to be taken

9. SAFETY Safety has specific connotations in cases involving domestic violence both as a goal for parents and an outcome from court involvement for children. Engagement is linked to safety but unclear how engagement creates safety

10. IMPLICATIONS FOR DECISION MAKING Its not easy because we, and the court, are outsiders to the situation, but we must inform the court and represent our clients, and the court must then make its decision. For instance what is safe? In a domestic violence situation a parent may genuinely hold fears regarding removing the children from the offending parent, yet the court will, and rightly so, hold legitimate concerns about returning a child to an environment that is potentially violent.’ Solicitor Participant

11. ENGAGING PARENTS ‘A court hearing can provide an avenue for parents to take that very first step, by acknowledging that there are further steps that need to be taken.’ Solicitor Participant ‘Parents need help to address issues; it is not enough to say issues are not addressed.’ Solicitor Participant

12. ENGAGING PARENTS ‘We often prepare clients, and in particular parents for court but are so focussed on our purpose we can forget the way they see it. The other day I was finishing up with a client and as she was leaving I asked in an offhand fashion what the rest of the week held for her. Her face immediately brightened and she replied ‘ well now I have to go call this detox service, and I have to see my counsellor to get my letter, then I need to see if hospital discharge letters are at my sisters…’ she continued to give me her to do list. Rather than seeming exasperated as some might, it seemed to give her energy, to know that she had something to contribute to this. Anything at all.’ Solicitor Participant

13. CONCLUSIONS Court is important, but unexamined part of decision making and risk assessment Stakeholders perceive domestic violence and parenting as linked but uncertain as to how Court can provide avenues for engaging parents, if Judicial Officers are given sufficient background

14. CONCLUSIONS Shift needed away from ‘acceptable’/’unacceptable’ to ‘good enough’ discussions Evidence must come from those working closest with children