Best Interests Children's Law Podcast

Arna Delle-Vergini and William Wainwright

Best Interests Children’s Law Podcast aims to raise awareness about the rights and interests of children – one conversation at a time.Please refer to our website https://bestinterestspodcast.com.au/ for more information. 

  1. DEC 4

    Breaking Barriers Against Support for Children with Disabilities and their Carers

    Children with disabilities experience increased vulnerability than most children and the intersectionality of risk factors present for these children may have an overlay of issues with how carers and systems are set up to help them. Instead of being seen as a young person who needs support, children with disabilities are more likely to be subject to child protection claims and out of home care as their behavior is viewed as the problem. This may result in carers feeling as though they have no other option but to keep the child in out-of-home care or not know how to properly care for the child.   It is unclear whether the behaviors from a group of children are stemming from trauma of services or from disabilities as many are undiagnosed. The overlap between disability and trauma needs to be further explored to improve out of home care and child protection systems for children with disabilities. There is an overreliance on out of home care that leads to a cycle of intervention and trauma over adequate support for children and carers. There is an intersection of risk factors in children with disabilities depending on the establishment of their care systems. However, many of these children are being referred around to different services without a holistic approach to help, a diagnosis or an early intervention and support including their carers. Instead, we should be working with families and carers to see how to better address the needs of the child with the disability. Show Notes: Commonwealth Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (AUS) (2021-22) Care Criminalisation of Young People with Disability in Child Protection Systems Baidawi, S & Sheehan, R. (2019).  'Crossover' Children in the Youth Justice and Child Protection Systems, (Routledge). Baidawi, S. & Ball, R. (2022). Multi-system factors impacting youth justice involvement of children in residential care. Child & Family Social Work. https://doi.org/10.1111/cfs.12940 Susan Baidawi: https://www.monash.edu/medicine/spahc/socialwork/about/our-people/susan-baidawi Evelyn Bugel: https://www.evelynbugelpsychology.com/about.html Declan Kavanagh-Bugel: https://declankbart.bigcartel.com/category/prints https://www.instagram.com/deckies_artworks/ https://www.youtube.com/watch?v=GuSfs0nGHos Best Interests Children’s Law Podcast is sponsored by Ex Curia: Coaching & Consulting Pty Ltd, Meliora Psychology and Claudia Grimberg Lawyers. Got questions, comments, compliments or something to add to the discussion? We'd love to hear from you on our website.

    48 min
  2. NOV 6

    Early intervention for mothers and infants who have experienced family violence: the ANROWS project

    A number of women and children are adversely affected by family violence across their lifetime that has immediate and long-lasting effects on their psychosocial, developmental, cognitive and social-emotional health. The Safe Nest Group (SNG) program is designed as a weekly, 6 session intervention for women and their infants who are under 3 years old, to engage in a group session underpinned by trauma-informed, psychodynamic and infant mental health principles. The project aimed to prioritise infants' needs, and intervene to assist mothers and infants in their recovery from the impacts of family violence. The study found that the program had been beneficial, noting meaningful reductions in mothers’ symptoms of depression and trauma and a better understanding by mothers of the impacts of family violence on their children.  Show notes: The ANROWS report by the Safe Nest Group: Pilot Project https://www.anrows.org.au/publication/violence-prevention-and-early-intervention-for-mothers-and-children-with-disability-building-promising-practice/  Dr Katie Wood: https://experts.swinburne.edu.au/494-katie-wood Dr Emma van Daal:  https://theplaystudio.com.au/team/ Research for this episode was conducted by Latrobe Law School student, Melissa Mazzeo. Best Interests Children’s Law Podcast is sponsored by Ex Curia: Coaching & Consulting Pty Ltd, Meliora Psychology and Claudia Grimberg Lawyers. Got questions, comments, compliments or something to add to the discussion? We'd love to hear from you on our website.

    40 min
  3. OCT 2

    Safe Spaces: Reconnecting Children and Parents

    The role of Supervised Children contact centres (SCCC) are necessary in forming a space where children feel safe and supported to reconnect with non-residential parents. These centres assist in strengthening the child's relationship with the estranged parent and facilitate a healthier relationship despite the challenging circumstances that give rise to the necessity of supervised contact. These centres may be effective depending on the attitudes and age of the child and the behaviours of the parent engaging in the service. SCCC are unlikely to meet the best interests of the child in every scenario. The role of SCCC’s is to ‘bridge the gap’ and aid the transition of the non-residential parent back into the child’s life in a safe and supervised way. However, SCCC’s may sometimes be viewed as a way to gain more evidence against a parent in court and can be a means to coerce children or other parents.Courts frequently request reports from SCC’s regarding observations of a parents behaviour and relationship with the child which can cause tension and are highly influential. SCCCs can therefore be an artificial environment where parents can display certain positive behaviours to look good to the staff in order for reports in their favour to be used in court. This may be unrealistic, and children may not want to engage in SCCC’s. Show Notes: https://www.betterplaceaustralia.com.au/?gclid=Cj0KCQjwiOy1BhDCARIsADGvQnBCCyjg_Hz4bJxE4Ivr2CHpwPgB6Nh--o9TQ9_NlpyaQ_cSgMl0hQaAgcFEALw_wcB  https://aifs.gov.au/resources/policy-and-practice-papers/childrens-contact-services#:~:text=Children's%20Contact%20Services%20(CCSs)%20are,their%20own%20parenting%20time%20arrangements.  https://aifs.gov.au/sites/default/files/cfca35-childrens-contact-services_0.pdf Sheehan, G., Carson, R., Fehlberg, B., Hunter, R., Tomison, A., Ip, R., & Dewar, J. (2005). Children's contact services: Expectations and experience. Final report. Canberra: Attorney-General's Department. Fitzgerald, R., & Graham, A. (2011). "Something amazing I guess": Children's views on having a say about supervised contact. Australian Social Work, 64(4), 487-501. Best Interests Children’s Law Podcast is sponsored by Ex Curia: Coaching & Consulting Pty Ltd, Meliora Psychology and Claudia Grimberg Lawyers. Got questions, comments, compliments or something to add to the discussion? We'd love to hear from you on our website.

    47 min
  4. JUL 3

    The politics of punishment: the real cost of Australia’s failure to uphold its international obligations to protect and promote the human rights of children in detention.

    Youth detention in Australia is a complex issue that intersects with human rights, public safety and social justice. The treatment of young people in detention is a critical focus area for human rights advocates who have long identified repeat violations of Australia’s international obligations to uphold the human rights of children in detention. And yet, despite these known violations, and despite mounting evidence that detention does not keep the community safe at all, there are continued calls across Australia to get even ‘tougher on crime’ for young offenders. So, what will it take to cool the political hot potato that is juvenile justice for long enough to create and invest in a system that actually works? Show Notes: Dr Anita Mackay’s recent book 'A Children's Rights Assessment of Juvenile Detention in Australia' (Routledge, 2025) is about human rights compliance in Australian youth detention: https://bit.ly/4eveJgY  She also authored 'Towards Human Rights Compliance in Australian Prisons' (ANU Press, 2020): https://press.anu.edu.au/publications/towards-human-rights-compliance-australian-prisons Dr Mackay has also written on how vulnerable witnesses are protected during Royal Commissions. Read her article here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3544432 Best Interests Children’s Law Podcast is sponsored by Ex Curia: Coaching & Consulting Pty Ltd, Meliora Psychology and Claudia Grimberg Lawyers. Got questions, comments, compliments or something to add to the discussion? We'd love to hear from you on our website.

    41 min
  5. JUN 5

    Supporting infant and parent attachment for children at risk - the potential for a Specialist Infant Court in Victoria.

    In Victoria, matters alleging the abuse or neglect of children are heard in the Family Division of the Children’s Court – a specialist court designed to hear child protection matters. However, the Children’s Court is notoriously adversarial. Litigation can be protracted, traumatising for families, and occurs in a system where the prosecuting authority is simultaneously trying to work collaboratively with the family – an uneasy alliance by anyone’s standards. Less adversarial approaches are available but rare and lack a primary prevention framework. A specialist infant court has the capacity to support vulnerable and at-risk families from the outset to ensure safety of the infant and work collaboratively with the family to keep the family together wherever possible.  So, exactly how would a specialist infant court operate and what do we need to do to get one of our own? Show notes: Matthew Wilson’s report  https://www.churchilltrust.com.au/project/to-investigate-innovative-court-based-approaches-to-infants-in-care-and-protection-proceedings/ Submission below by Nicole and Matthew  https://yoorrookjusticecommission.org.au/document-library/submission-tweddle-foundation/ Best Interests Children’s Law Podcast is sponsored by Ex Curia: Coaching & Consulting Pty Ltd, Meliora Psychology and Claudia Grimberg Lawyers. Got questions, comments, compliments or something to add to the discussion? We'd love to hear from you on our website.

    41 min
  6. MAY 1

    Corporal Punishment – legitimate discipline and punishment or legalised abuse?

    Corporal punishment in the home, in one form of the other, is legal in every State of Australia. Whilst corporal punishment still appears to be commonly used within our country in practice, studies indicate corporal punishment is increasingly being seen as an unnecessary form of discipline. If cultural attitudes are changing, but the incidence of corporal punishment is still unacceptably high, then what, if anything, do we need to do to bridge that gap? Show notes: Linda Savage: https://www.ccyp.wa.gov.au/about-us/the-ambassadors/ms-linda-savage/ Convention on the Rights of the Child:  Article 19(1) states parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child. The prevalence of corporal punishment in Australia: Findings from a nationally representative survey Acceptability of corporal punishment and use of different parenting practices across high-income countries End Physical Punishment of Australian Children (EPPAC) Campaign Research for this episode was conducted by Vanessa Mocibob. Best Interests Children’s Law Podcast is sponsored by Ex Curia: Coaching & Consulting Pty Ltd, Meliora Psychology and Claudia Grimberg Lawyers. Got questions, comments, compliments or something to add to the discussion? We'd love to hear from you on our website.

    41 min

About

Best Interests Children’s Law Podcast aims to raise awareness about the rights and interests of children – one conversation at a time.Please refer to our website https://bestinterestspodcast.com.au/ for more information. 

You Might Also Like