Change is constant and one of the things we can count on is that after a divorce, there may be many circumstances that change which require an amendment/modification to agreements and orders made at the time of the divorce.  These changes can involve child custody arrangements, and also financial agreements which were made years beforehand.  What can you do in order to amend or modify financial agreements made either by agreement with your former spouse or through an order by the Family Court?  In this article, we will explore how modifications and amendments can be made and what the Family Court will look at in order to modify/amend financial orders.

  1. How to Modify Financial Agreements/Orders Post-Divorce:
    Generally speaking, if you want to modify or amend a financial agreement, you will need to file a Summons (application) with the Family Court.  Your solicitor can assist with the filing of the appropriate Summons and supporting affidavit in order to request a modification of the previous orders.  Alternatively, if you wish to avoid Family Court intervention, you may want to contact your former spouse or your former spouse’s solicitor through your own solicitor and mediate or negotiate a change in the financial arrangements.  Negotiating a change to your financial agreement through mediation is the easiest, time saving and cost-saving alternative to court litigation and should be considered first before resorting to filing an application with the Family Court.
  2. Consider Negotiating The Financial Modification:
    As mentioned above, it is important to consider negotiating a financial modification rather than simply filing an application with the Family Court. Resolution of an application filed with the Family Court will take a long time as the Family Courts in Hong Kong are backed up with many other applications.  Thus, the waiting time should be considered because you will need to be patient before your case can be heard by a Judge not to mention additional time for the Judge to make a decision about your request which could take months after a hearing. Given that it takes time for the Family Court to hear your case, the prolonged time between filing your application and it being heard will also run up costs which you will incur not only with your solicitor fees but also potential barrister fees if your application is contested before the Judge at a hearing.  It is important to note that even if you go before a Judge, the Judge will usually give you and your former spouse an opportunity to consider coming up with an agreement before he/she makes an Order. Thus, it makes sense that you and your former spouse try and attempt to come up with a compromise, rather than waste time and costs going to Court.
  3. Has There Been A Change Of Circumstances?:
    In the event you and your former spouse cannot come up with an agreement through your own mediation or negotiation, you will need to file a Summons with the Family Court.  In your application, you will want to highlight the reason for the request and explain in detail with proof as to why there has been a change of circumstances.  Change of circumstances can include a loss of job or wages, change of job and wages, medical issues that you may be experiencing and which have resulted in unexpected expenses or your ability to earn a living. You will want to discuss these changes of circumstances with your solicitor so he/she can guide you as to what points should be presented to the Court and what the Judge is likely to consider a good reason for the request for a change or amendment to your financial orders.
  4. Has There Been Any Changes In Need?:
    The types of change of circumstances mentioned above are usually relevant when you are the spouse wanting to modify maintenance orders downwards. If however, you are the spouse wanting to modify maintenance upwards, you will want to provide sufficient reason as to how things have changed that would require the need for more maintenance.  For example, has there been circumstances whereby your child/children have increased costs related to schooling or unexpected medical conditions?

The above is a simple guideline of what you can do if you wish to modify a financial agreement, however each situation will be specific to your own individual circumstance. Depending on how your financial agreement was structured at the time of the divorce, you may not be entitled to modify a financial agreement if there was a “clean break” clause with respect to your spousal maintenance.  It is important to note however, that when it comes to child maintenance there is no “clean break” clause and they can always be modified depending on your circumstances. Generally speaking, in Hong Kong the types of orders that can be varied include: interim maintenance (maintenance pending suit); periodical payments (maintenance), instalments by which a lump sum is payable and an order for sale of a property.  As always, it is important that you speak directly with your solicitor so he/she can guide you through the process and provide adequate advice on whether a modification or amendment can be made, and what you can expect if you file an application to modify or amend a financial order.

In a divorce, one of the assets that may be subject to division are retirement assets. For many individuals, the thought of having to divide this asset is painful especially when a lot of blood, sweat and tears have gone into an individual’s work over the years and the retirement assets are essentially the evidence of such hard work. Similar to other assets such as cash, property and personal property, retirement assets may be included in the overall asset pool subject to division during a divorce pursuant to Section 7 of the Matrimonial Proceedings and Property Ordinance, Cap 192 (“MPPO”).
Let us take a closer look at the division of assets in a divorce:

1. Asset Division in Hong Kong in Divorce:

In Hong Kong, the Family Court will look at several factors pursuant to Section 7 of the MPPO, Cap 192. These factors include the following:
• Income: The Court will look at each parties’ income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future.
• Financial Needs: The Court looks at financial needs, obligations and responsibilities that each party has or is likely to have in the foreseeable future.
• Standard of Living: The Court will consider the standard of living enjoyed by the family before the breakdown of the marriage.
• Age of the Parties: The Court looks to age of each party and also the duration of the marriage.
• Any Physical/Mental Disability: Here, the Court will look to see if there are any physical or mental disability of the parties.
• Contributions: The Court will look to the contributions made by each of the parties to the welfare of the family, including any contributions made by looking after the home or caring for the family.
• Value: Under this category, in the case of proceedings for divorce or nullity of the marriage, the Court will look at the value to either of the parties to the marriage of any benefit (for example, a pension) which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.

2. The 3 Step View to Decide Asset Division and Provision for Maintenance:

The Court in Hong Kong will look at the factors listed above pursuant to Section 7, Cap. 192 MPPO and will compute all the available assets of the parties and distribute it according to 3 key principles:
• Need
• Compensation
• Sharing
In first identifying the assets in the matrimonial pool, the Court will include assets under both parties’ names, both during the marriage and also assets one party would have acquired before the marriage. Yes, it is important to note that in Hong Kong a party’s inheritance could be included in the division of assets in a divorce. The goal of the Court is to achieve fairness in the distribution of a couple’s assets and not necessarily a 50/50 equal division. Generally speaking, the Court may also depart from equality if the marriage is a long-term marriage and the view of the Court is to assess the financial needs with a generous assessment of needs post-divorce.
In identifying the asset pool, the Court will look at the parties’ Form E which is the financial disclosure form that is filed and exchanged by the parties at the beginning of a divorce.

3. Retirement Assets:

So, the question is whether retirement assets will be included in the asset division. Yes, it will be and likely awarded to the party associated with the retirement asset. However, upon distribution of the assets, the party associated with the retirement asset will then have to make up for that payment owed to the other spouse from another source. For example, if a husband is awarded his retirement funds from his employment, he may need give the wife a larger share in the matrimonial home division to equal out the division based on the fact that he received his entire retirement asset.
It is important for you to consult with a solicitor so they can provide you with a better idea as to how the Court will handle the division of the asset pool and what you are entitled to given your own specific circumstances. Your solicitor can provide their analysis on whether the Family Court Judge will depart from equality as it is highly dependent on the facts of your case. Your solicitor can also help you come up with creative ideas as to how to approach the asset division especially if you are working towards a settlement with your former spouse.

In this spotlight profile, we are speaking to Dr. Adrian Tong.  Adrian is a counselling psychologist and lecturer at Hong Kong Shue Yan University with a research interest in psychological intervention process, parental stress and parenting and acceptance and commitment therapy.

 

Adrian, thank you for taking the time to speak with us today. 

It is my honor to be here with you. Thank you for the invitation.

 

First off, can you tell us a little bit about your background and training so our readers can get to know you better and your area of specialty?

I am a counseling psychologist and lecturer at Hong Kong Shue Yan University. Over the past several years, I have had the privilege of providing counseling services to individuals facing psychological distress, as well as couples and families dealing with communication disputes. My research primarily focuses on the areas of parental distress, parenting, children’s behavior, and special educational needs. Furthermore, I have a keen interest in the process of psychotherapy, particularly in acceptance and commitment therapy. In addition to my counseling work, I also provide supervision to counseling students at both the master’s and bachelor’s levels.

 

As a counselling psychologist, what is your main role in helping those going through distressing times?

Within the field of counseling psychology, a wide range of psychotherapy approaches are employed to cater to the unique needs of clients, for example, cognitive behavioural therapy (CBT), acceptance and commitment therapy (ACT), solution-focused brief therapy (SFBT), client-centered therapy (CCT), psychoanalytic therapy, and more. By utilizing these various therapeutic approaches, counseling psychologists collaborate with their clients to explore the underlying disturbances that impact their emotional well-being and daily functioning. While our behaviors are observable, they often stem from deeper yearnings and unmet needs. These hidden aspects of ourselves can influence our thoughts, feelings, and actions. Through the therapeutic process, counseling psychologists help clients uncover and understand these underlying yearnings, facilitating insight and personal growth.

The interventions employed by counseling psychologists vary depending on the chosen therapeutic approach. These interventions aim to reduce the negative impact of these hidden yearnings on individuals’ lives. By addressing these underlying disturbances, counseling psychologists work towards alleviating distress and promoting emotional well-being.

However, the role of a counseling psychologist extends beyond symptom reduction. It is also about fostering self-awareness and facilitating personal growth. By helping individuals develop a deeper understanding of themselves, counseling psychologists empower clients to make meaningful changes in their lives. This journey of self-discovery and self-actualization allows individuals and families to access their full potential, even in the face of life’s challenges.

 

An area of research interest and specialization is acceptance and commitment therapy. What is this and how does this play into a scenario such as divorce?

The experience of divorce often brings about extreme distress for individuals. It is not solely due to the significant life changes that occur, but also because individuals may develop negative perceptions of themselves or life in general. Some may internalize blame and responsibility, harboring thoughts such as “I am a bad wife/husband,” “I always mess things up,” or “No one will ever love me because I am not attractive.” Others may develop negative perceptions about the world, believing statements such as “All men are irresponsible,” “All women lack empathy,” or “There is no true love in the world.”

According to acceptance and commitment therapy, it is not the events themselves that directly cause distress, but rather how we perceive and interpret those events. It is normal to have negative thoughts when faced with distressing situations. However, if we overly identify with and believe these thoughts, it can become problematic. This can lead to feelings of suffocation and pain, further exacerbating the distress.

In acceptance and commitment therapy, the aim is to help individuals or couples acknowledge that experiencing distress and having negative perceptions is a normal part of the human experience. However, these thoughts and perceptions do not define who we are as individuals. The goal is to assist clients in distancing themselves from these negative thoughts and perceptions, recognizing that they are separate from their true selves.

Through acceptance and commitment therapy, individuals are encouraged to cultivate mindfulness and self-compassion. By developing a non-judgmental awareness of their thoughts and emotions, they can begin to observe these negative perceptions without becoming entangled in them. This process enables individuals to create psychological distance from their distressing thoughts, allowing them to redefine themselves and their experiences in a more empowering and adaptive way.

In summary, during divorce or other distressing events, acceptance and commitment therapy offers a framework for understanding and managing the distress that arises from negative perceptions. By recognizing the normalcy of these thoughts and perceptions, individuals can work towards disentangling themselves from them and embracing a more compassionate and accepting view of themselves and the world around them.

 

You also work on patients with parental stress and parenting.  What prevalent issues are you witnesses now especially in Hong Kong and what advice are you giving to those parents struggling through this?

In my observations, I have noticed some common patterns among parents who experience high levels of parental stress. While there is undoubtedly a strong correlation between children’s behaviors and parental stress, it is important to recognize that events themselves are just events. What truly matters is how we perceive and interpret these events when it comes to parental stress. There are several common factors that can significantly impact parental stress levels.

Firstly, one influential factor is the cultural norm of “Face” in Chinese society. Parents often fear losing face when their children behave poorly, underachieve academically, or lack ambitious future aspirations. It is essential to remember that failures are a natural part of the developmental process. Current setbacks or failures do not necessarily imply future failures. Children need time to develop, learn, and improve. It is crucial for parents to adopt a growth mindset and support their children’s progress rather than solely focusing on external judgments.

Secondly, parents may experience anxiety and worry about how others perceive their parenting abilities. The fear of being judged negatively by others can be overwhelming, leading parents to place undue stress on trying to shape their children’s behavior according to societal expectations. In their efforts to maintain a positive image, parents may inadvertently hinder their children’s natural growth and development. It is important for parents to remember that each child is unique, and that parenting is a dynamic and evolving process.

Parenting styles are influenced by parents’ values and self-awareness. To prevent hindering their children’s development, it is important for parents to be aware of their values regarding “face” and how others perceive them. Prioritizing self-compassion and self-care is crucial before focusing on children’s development. Many Hong Kong parents love their children deeply but tend to neglect themselves in the process.

By cultivating self-compassion and engaging in self-care, parents can enhance their emotional well-being and provide a more balanced and nurturing environment for their children. Taking care of oneself is not selfish but rather essential for effective parenting.

 

What advice do you have for parents who are trying to co-parent amidst a divorce?  What do you recommend for parents so that they can successfully navigate healthy parenting post-divorce?

Going through a divorce is undeniably distressing. Therefore, before delving into discussions about co-parenting, it is crucial to communicate with your ex-partner regarding the state of your relationship. By establishing clearer boundaries and resolving personal distress related to this life-changing event, you can gain a clearer mindset on how to effectively co-parent your children. This approach is beneficial in minimizing harm to the children.

Once personal and couple issues have been addressed, I suggest that parents establish a well-defined co-parenting schedule. It is important to involve the children in this decision-making process. They not only have the right to understand the current situation, but also the right to choose what is in their best interest. It is equally important to reassure them that both parents still love them equally. Therefore, maintaining a balanced co-parenting schedule and consistent routines is crucial in helping them believe that both parents are always there for them.

 

Is there anything else you would like to address before we say goodbye?

Sure, remember that life is filled with obstacles and uncertainties that often don’t align with our plans. It’s essential to remain flexible and wholeheartedly embrace our present experiences. And now, let me present a motto to encapsulate this sentiment.

“Embrace Life’s Flow, Obstacles Come and Go.”

 

About Dr. Adrian Ka-Ho Tong, Counselling Psychologist & Lecturer

Adrian TongDr. Adrian Tong is a highly accomplished counseling psychologist with a diverse educational background. Having earned a Doctor of Psychology in Counseling Psychology, a Master of Social Science in Counseling, and a Bachelor of Science in Psychology, he brings a wealth of knowledge and expertise to his work. Currently, Dr. Tong holds multiple roles, including serving as a counseling psychologist at St. John’s Cathedral Counseling Centre, where he provides invaluable support to individuals and couples seeking guidance and healing. Additionally, he shares his wealth of knowledge as a lecturer at Hong Kong Shue Yan University and serves as a clinical supervisor at Hong Kong Polytechnic University. Dr. Tong’s specific areas of interest revolve around the process of psychotherapy, parenting dynamics, parental stress, children’s behaviors, and special educational needs. Through his varied roles, Dr. Adrian Tong continues to make a significant impact in the field of counseling psychology, enriching the lives of individuals, families, and the community as a whole.

Similar to a Form E, when you file for divorce in Hong Kong and proceed through the court system, there are a number of steps and forms you need to fill out as part of your divorce. One of the key disclosure documents you must fill out is a Form J.  A Form J, or a Children’s Form is designed to help you and your spouse and the Court determine the best arrangements for the children.  A Form J is therefore an important document that should be filled out with careful consideration and accurate details so that the Court can use this document to determine the best interests of the children.  Similar to a Form E, a Form J is sworn and signed by you and should therefore contain truthful and accurate information. As this is a key document in determining custody and access arrangements, it is prudent that you fill out this form with the assistance of your solicitor who can guide you through the process of filling out the form in the most accurate and detailed way.  In the event you and your spouse come to an agreement over the children without the need for Court intervention, then a Form J will not be needed.  However, if you and your spouse are going through the Court system in order to resolve any custody and access arrangements, the Form J will be mandatory and you will exchange this disclosure document with your ex-spouse.

Let’s go through a Form J for a better understanding of what information and disclosure will be required by you:

Part 1: You and Your Children
In Part 1 of the Form J, you will need to provide general information about you and your children.  This general information includes the full name and address of you and your children, their date of birth, age, sex and relationship to you.  If there are third-parties involved in the care of your children such as step-parents, grandparents and domestic helpers, you will also need to provide such details including their name and their relationship to the children.

Part 2: Current Living Arrangements
In Part 2 of the Form J, you will need to provide detailed information about the current living arrangements. For example, how much time do the children spend time with you and with the other parent and/or other carers. If you are involved in a new relationship, you will also need to provide details of this new partner.  As part of the current living arrangement explanation, you will also need to provide details as to the arrangements for the children when they are with you.  For example, where do they sleep, do they share a room, and how long have these living arrangements been in place?  During the children’s time with you, do the children communicate with the other parent and if so, how frequently and by what means of communication? How do you and the other parent deal with handovers and what are the logistics of these handovers of the children?  Do the children communicate with extended family members when they are with you and if so, how frequently? Other questions that you will need to answer about the children’s arrangements is the type of extra-curricular activities the children are involved in and how often they attend these extra-curricular activities. What kind of support do you or tutors provide to the children regarding their school work?  What kind of entertainment activities are your children involved in?  Finally, in this section you will also need to detail how the children are cared for when you are working or when you have to attend to work commitments such as after-hours meetings/meals and/or travel abroad.  

Part 3: Schooling
In Part 3 of the Form J, you will need to detail the children’s schooling arrangements including the name of the children’s school and their year at the school.  You will also need to provide details about how your children travel to/from school, how long it takes to get to/from school and what the after-school care arrangements are for the children when they are with you. If there is special care required for your child due to special needs, this should be detailed in this section. This section is important because this is where you will need to detail your plans about how you have involved and plan to involve the other parent in the decisions related to the children’s schooling.  For example, you will need to provide a plan as to how you and your co-parent will make decisions about school, choice of subjects and future career options.  Will you and your co-parent agree on attending school functions together such as on parent days and sports days? You will also need to put forth the emergency contact for your children and who would be responsible as the point person should your child fall ill at school or there are emergency issues that need to be dealt with.

Part 4: Health
Part 4 of the Form J is related to your child’s health and medical problems. You will need to detail whether your child suffers from any health and medical problems and if any special care is required for your child.  If your child suffers from any physical disability or requires special medication or therapy, this is where you will need to detail the issues and provide transparent information to the Court.

Part 5: Finances
In Part 5 of the Form J, finances become the focus of this section, as finances will be important for the care and future of your child. In Part 5, you will need to detail your income including any bonuses or commissions you may receive as part of your income.  If you have received or are receiving government allowances, you will need to identify this source of incoming cash.  If you are receiving maintenance from your ex-spouse, you will also need to detail what you have been receiving or are receiving.

Part 6: Future Parenting Arrangements
 Part 6 of the Form J is an extremely important section.  This is where you should detail what arrangements you would like to see for the children going forward and it is here you should detail what plans you have in place to bring this forward. In this section, you will detail the regular arrangements you propose for the children to spend time and communicate with the other parent including public holidays, school holidays, overnights and overseas trips. If the children are to live with the other parent instead of you, what proposals do you have for yourself in terms of communication and time with the children during public holidays, school holidays, overnights and overseas trips. You will also need to detail what proposals you have to assist the children in spending time and communicating with the other parent and other family members.  This is an important section of the Form J because the Court will want to see how cooperative you are and if you are willing to be cooperative in the future. This is the time for you to show that you will do your utmost best to co-parent and be a willing participant in helping your children remain connected to the other parent. As the children’s support group not only includes parents and family members, the Court also wants to know how you will encourage the children to maintain friendships if a move is part of the proposal.

Part 7: Other Circumstances
Finally in Part 7 of the Form J, you will have the opportunity to detail any other circumstances which you believe are relevant to the arrangements of the children, including but not limited to mental/physical disability, mental/physical health and mental/physical abuse or violence.  You can also detail any other relevant matters such as issues with a new partner or moving home.  Your solicitor should assist you in detailing what is relevant and what necessary details should be provided or not.

Filling out a Form J can be overwhelming as you want to provide as much detail as possible, but you also do not want to overload the Court with too much unnecessary and historical information. It is therefore important that you speak with your solicitor to go through all the details of your case and consider what should or should not be included.  Similar to a Form E, it is important to be reminded that you will need to sign this form under oath, thus your document must be truthful and should provide full and frank disclosure.

In this spotlight profile, we are speaking to Shanna Quinn.  Shanna is based in Brisbane, Australia but works cross-border in Hong Kong as a Barrister-at-Law, Mediator, Forensic Social Scientist and Parenting Co-Ordinator in Family Law.

Shanna’s experience in Family Law is extensive as she helps individuals resolve disputes and is a representative in court proceedings.  Shanna has been involved in highly complex and sensitive cases in family law, ranging from relationships, child protection and domestic violence orders. Shanna also works closely with family law practitioners in Hong Kong, providing her insight and practical training.

 

Shanna, thank you for taking the time to speak with us today.  Shanna, we spoke with you a few years ago when you wrote an article for Hong Kong Divorce as a special contributor regarding mediation. That was very helpful so we want to thank you so much for your contribution.

First off, can you tell us a little bit about your background and training?

I worked for many years as a forensic social scientist, preparing over 1,000 family law reports in contested parenting proceedings and child protection litigation. I think I have given expert opinion evidence in perhaps 100 trials. I was in my forties when I transitioned to law and now practice as a barrister, representing parties in financial and parenting trials as well as child protection and domestic violence proceedings. I have had a mediation practice since 1990 and established a mediation practice in Hong Kong in 1999, having initially come to Hong Kong to train lawyers to mediate when the Family Court introduced its Pilot Family Mediation Scheme. In about 2017 I trained as a parenting coordinator and provide that service both in Hong Kong and Australia. Currently I am in the process of kick-starting family report preparation in Hong Kong.

 

In addition to being a mediator, you are also a trained parenting co-ordinator.  Can you tell us more about this role that you have as a parenting co-ordinator?

It’s very interesting and equally difficult. Sometimes I feel like a battering ramp. Parents who come to parenting co-ordinators (“PC”) are typically highly conflicted. Often they have not spoken for a very long time and have been gripped in the rigours of litigation. But when you start to see some real improvement in how the parents start to communicate with each other, start seeing them actually become respectful of each other and start developing some real insight into the needs of their children, it all seems to be worth the effort.

The short version is that PC is essentially about helping parents implement Court orders. After what can be years of litigation, the court pronounces judgement and parents are expected to go off and implement the orders. It is an extraordinarily difficult, and generally unrealistic, to expect that two highly conflicted people can all of a sudden get on with the business of co- parenting, in some way shape or form.

So, the PC’s role typically evolves around the roles of educator, problem-solver, coach and advisor.

I have noticed some differences in how PC is practiced in Hong Kong compared to how it is practiced in Australia. Some of these differences include issues to do with confidentiality and reportability, which includes the possibility of the PC’s giving evidence; the frequency of sessions; the contract period; access to third parties and access to material such as reports that were prepared during litigation, and school and medical reports and whether the PC should speak to the child. However, I think what is most important is that the PC and the parents are very clear about the role and functions of the process and together establish goals and boundaries.

It is relatively early days in the development of PC in Hong Kong and Australia. We need to keep vigilant as the process evolves to ensure that we keep relevant and responsive to our clients need.

 

As a parenting co-ordinator, what are the main issues and conflicts that you are seeing between co-parents?

I think one universal problem, in the first instance at least, is that the parents, having most often just emerged from the trenches of litigation, are always distrustful of each other, generally angry, bitter and hurt.

I used to make the mistake of embarking on an immediate path of educating the parents how to effectively communicate and problem solve.  Not any more. While the PC is not there to provide therapy, I have found that it is crucial that in the early phases of the process, parents are given the opportunity to decompress. This can be tricky because if the PC does not hold the reigns firmly, parents can remain locked in the past and incapable of looking to the future. But I think to ignore their emotionality will be at a great cost.

To say that the parents need help communicating sounds quite trite. However that is exactly the help they need. I think the PC needs to be creative here. Monitoring all forms of communication, giving very specific instruction about what they can and cannot say to each other and even getting them to role play a conversation with me are common techniques I employ.

Another issue is helping them come to terms with the fact that they cannot operate unilaterally in terms of making decisions about the children. Some parents find this more challenging than others. There are reasons for this of course, but when an order is made that says parents have to now mutually agree, the prospect of all of a sudden having to confer with a parent, whom was historically an absent parent, becomes a real struggle.

I think associated with that issue, is helping a parent, who might now have the opportunity for greater involvement in their children’s lives, to be child focused. It is not about what the parent wants but what the child needs. This insight does not come easily and may require considerable work.

I suppose another common issue I find is parents undermining the children’s relationship with the other parent. While a common issue it is a complex dynamic and needs multi layered intervention.

 

What advice do you have for parents who are trying to co-parent amidst a divorce?  What do you recommend for parents so that they can successfully navigate healthy parenting post-divorce?

Stay out of court. Be patient. Get support.

 

As a parental co-ordinator, do you ever interact with the children? If so, how do you help counsel children who are going through the difficulties of their parents’ divorce?

Some PCs would never speak to the children. Others would. Certainly a PC should never speak to a child unless they have experience in conducting clinical interviews with the children.

I will speak to the children, but it is a bit like mediation. Keep the children away from the process, wherever possible. If they are to be spoken to, then the reason must be clear and purposeful. Most importantly, the PC must have some measure of confidence that the children will not be at risk of their parents’ retribution for saying things that conflict with their parents’ views or wishes.

Speaking to a child would never be for the purpose of providing counselling. It would be for the purpose of assessment.

 

Is there anything else you would like to address before we say goodbye?

While PC is typically introduced post final orders and occasionally as part of an interim order, I think lawyers should also consider PC for their clients before legal proceedings are instituted, or, very early in the legal process. It is a hard road for parents to learn the art of co-parenting once they become embroiled in the quagmire of an adversarial process.

 

About Shanna Quinn, Barrister, Mediator and Parental Co-Ordinator

Shanna Quinn

Shanna Quinn has built her career on helping individuals and families navigate disputes and conflict in a fair, equitable and conciliatory manner. Her practical approach to your situation, combined with her extensive experience as a Barrister, Mediator and Forensic Social Worker can add significant value to your case.

Shanna has been involved in highly complex and sensitive cases involving family breakdowns, relationship disputes, child protection and domestic violence orders. Shanna is able to quickly comprehend her clients’ needs, is adaptive and can deliver valuable, practical and prompt legal advice, mediation and training.