The role of the child advocate in child protection matters

Abstract

The role of the Child’s Advocate has been the centre of many discussions over the past years. It is often questioned if the Child’s Advocate, in Child Protection Matters, merely acts in recommending what is in the best interest of the child or who simply provides representation to the voice of the child. This study discusses the general role of the Child’s Advocate, including their duties to promote the voice of the child and to work towards the best interest of the child, both protected by the UNCRC. The three types of Children’s Advocates, together with the definition of the ‘child’ that the Child’s Advocate deals with, are also discussed. Child Protection matters are dealt with in both the Civil Court (Family Section) and the Juvenile Court. In certain Family Court proceedings, questions regarding the child’s welfare may arise, especially when there is evidence that the child is subject to danger or at high risk of being exposed to danger. When such claims and reports are made, the Court as the competent authority or the parents may request for a Child’s Advocate to be appointed so that the voice of the child is heard in court. Moreover, in Juvenile Court proceedings, the Child’s Advocate is appointed from the beginning of the proceedings concerning Child Protection. In this study, both Courts and their approaches towards Child Protection matters are discussed with the main focus being what is the role of the Child’s Advocate in these matters. The similarities and the differences between the role of the Child’s Advocate in the Family Court and in the Juvenile Court are pointed out, especially when it comes to the dilemma of the duality of this role in the Family Court. Other arguments are made, especially regarding the access of reports of Child’s Advocate and the limitations that this professional may face. Judgements that have deeply analysed the role of the Child’s Advocate, as well as the accessibility to their reports, are referenced. This analysis and differentiation is then followed by a discussion on prevailing points regarding the role of the Child’s Advocate which is found throughout this research. These points are also met with insights of the author, as well as recommendations on what is the way forward to improve the role of the Child’s Advocate, thus improving the way the voice of the child is heard in court.