Children's participation rights during child protection proceedings: recognition, legal representation, and the redistribution ofcare in Victoria's Children's Court

Briony's research is the first ethnography and court file study in any Australian or international child protection jurisdiction where children participate with direct, instructions-based representation. The research provides original evidence for a relationship between participation rights and children's care and safety when deciding their best interests. Legal representation satisfied participation rights to a strong extent and children's experiences reinforced this. Procedural and forensic qualities of recognition occurred when magistrates responded to children's participation and safety concerns. However, Briony found institutional governance structures, responses to gendered parenting and family violence, inadequate legislation, and a fragmented child protection system weaken children's rights.