Session 03.1 Financial Repsonsibility for Children
Tracks
Track 1: Room LG19
Monday, July 28, 2025 |
2:00 PM - 3:30 PM |
LG19 - The Arthur Goodhart Lecture Theatre |
Overview
Individual papers:
Chair: TBC
More Money, More Money, More Money – Current Issues in Changes to Assessments/Court Orders, and Enforcement of Child Support/Maintenance between Australia, the United Kingdom, New Zealand and Canada
Ms Catherine Devine, Foley's List - Victorian Bar, Australia
Ever-Present Absentees: Critical Analysis of Welfare Law Through Children's Rights and Child-Welfare Theoretical Lens
Dr Shiran Reichenberg, Faculty of Law, Hebrew University, Israel
Child Support and Multiple Families
Dr Maia Roots, Tohoku University Graduate School of Law, Japan
Speaker
Ms Catherine Devine
Barrister
Foley's List - Victorian Bar
More Money, More Money, More Money – Current Issues in Changes to Assessments/Court Orders, and Enforcement of Child Support/Maintenance between Australia, the United Kingdom, New Zealand and Canada.
Abstract
The United Nations Convention on the Rights of the Child sets out that every child has a right to a standard of living adequate for the child’s physical, mental , spiritual, moral and social development, and that the parent(s) or others responsible for the child have the primary responsibility to secure, within their abilities and financial capacities, the conditions of living necessary for the child’s development. The Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (“IRCSFFM”) replaced the former United Nations Convention on the Recovery Abroad of Maintenance (“UNCRAM”) and other Maintenance Conventions and sets out the intention of the signatory States to provide a more uniform process for the assessment, registration and international collection of Child Support/Maintenance (“CSM”) on an international scale. This paper follows on from the author’s paper presented at WCFLCR in Dublin in 2017, to further explore the issues associated with changes to any assessment or order, and enforcement of CSM between jurisdictions.
The difficulties associated with applications for changes to any assessment/order, and enforcement of international CSM are manifold, and include:
• How does each contracting State change or alter the costs of a child, or the incomes of the parents, from an administrative or initial Order?
• What processes are in place in each contracting State for the enforcement of international CSM?
• What are the impediments to efficient changes to administrative assessment/Court orders, and enforcement of CSM?
This article will explore the differences between Australia, the United Kingdom, New Zealand and Canada in the applications for changes to any assessment/order, and enforcement of international CSM between those four jurisdictions, including the administrative and judicial interventions and determinations of international CSM. Suggestions and recommendations for legislative and administrative change may also follow.
The difficulties associated with applications for changes to any assessment/order, and enforcement of international CSM are manifold, and include:
• How does each contracting State change or alter the costs of a child, or the incomes of the parents, from an administrative or initial Order?
• What processes are in place in each contracting State for the enforcement of international CSM?
• What are the impediments to efficient changes to administrative assessment/Court orders, and enforcement of CSM?
This article will explore the differences between Australia, the United Kingdom, New Zealand and Canada in the applications for changes to any assessment/order, and enforcement of international CSM between those four jurisdictions, including the administrative and judicial interventions and determinations of international CSM. Suggestions and recommendations for legislative and administrative change may also follow.
Biography
Cath Devine has extensive experience in all areas of Family Law, with a particular interest and expertise in Child Support advice and advocacy. Cath has appeared as junior counsel and on appeal. Cath has a reputation as a fearless and forceful advocate for her clients, and also on behalf of children when she appears as Counsel for the Independent Children's Lawyer.
Cath is a qualified mediator and arbitrator. Cath was an Adjunct Lecturer in the Masters of Laws program at the College of Law.
Cath's book, "A Practical Guide to Child Support", a legal practitioner’s guide to Australian child support and maintenance law and practice, was released in 2023 and is considered the pre-eminent textbook on child support and maintenance issues in Australia.
Cath is regularly featured in Doyle’s Guide, and inBest Lawyers, being awarded the Family Law Lawyer of the Year for Best Lawyers in Melbourne in 2022.
Dr. Shiran Reichenberg
Executive Director Clinical Legal Education Center
Faculty Of Law, Hebrew University
Ever-Present Absentees: Critical Analysis of Welfare Law Through Children's Rights and Child-Welfare Theoretical Lens
Abstract
The article juxtaposes children's rights and child welfare theories with welfare law legislation and jurisprudence, with a focus on housing, income supplementation, and debt. Despite the profound impact of socioeconomic condition on children, existing legal frameworks often fail to adequately integrate principles of children's rights and child welfare, resulting in policies that inadequately address the unique needs of children living in poverty.
Through a critical analysis of current welfare laws and judicial decisions, the article traces situations and issues where child-centered perspectives are most crucial but lacking. For instance, housing regulations frequently overlook the detrimental effects of unstable living conditions on child development; income supplementation programs often fail to consider the increasing impact of poverty on children's long-term well-being; and legal responses to debt-related issues commonly neglect the collateral consequences for children, who may experience heightened stress and instability as a result.
Following the legal analysis of the texts collected for the study, we propose a reform agenda that incorporates children's rights and child welfare theory into the legislative and judicial processes governing poverty and welfare. This includes recommending a holistic approach to policy-making that prioritizes the developmental needs of children and ensures that their voices are represented in legal decisions regarding welfare issues. By aligning welfare law frameworks with children rights welfare principles, we aim to inspire positive change and advocate for a more equitable and supportive system for children affected by poverty.
Through a critical analysis of current welfare laws and judicial decisions, the article traces situations and issues where child-centered perspectives are most crucial but lacking. For instance, housing regulations frequently overlook the detrimental effects of unstable living conditions on child development; income supplementation programs often fail to consider the increasing impact of poverty on children's long-term well-being; and legal responses to debt-related issues commonly neglect the collateral consequences for children, who may experience heightened stress and instability as a result.
Following the legal analysis of the texts collected for the study, we propose a reform agenda that incorporates children's rights and child welfare theory into the legislative and judicial processes governing poverty and welfare. This includes recommending a holistic approach to policy-making that prioritizes the developmental needs of children and ensures that their voices are represented in legal decisions regarding welfare issues. By aligning welfare law frameworks with children rights welfare principles, we aim to inspire positive change and advocate for a more equitable and supportive system for children affected by poverty.
Biography
Dr. Shiran Reichenberg is the Executive Director of the Clinical Legal Education Center, and also the Clinical Director of the Rights of Youth at Risk Clinic at the Faculty of Law, Hebrew University, Jerusalem, Israel. In this role, she advocates for children’s rights through personal advocacy, education, and policy initiatives.
Her research interests cover several critical areas related to children and youth at risk, including: Children’s Rights, Youth at Risk and Welfare System, Youth Well-being, Access to Justice for Youth at Risk, Application of Children’s Rights as Human Rights, Gender perspective on marginalized girls at risk; Dr. Reichenberg explores the intersection of children’s rights and broader human rights principles. She is part of COST Action working group on Participation of children and young adults who were maltreatment in research.
Dr. Maia Roots
Associate Professor
Tohoku University Graduate School Of Law
Child Support and Multiple Families
Abstract
The world over, adults are increasingly re-partnering after the break-up of a previous relationship. Often, there are children from both relationships, and sometimes there are children from the same parent in more than two households. Consequently, family law practitioners and scholars are trying to grapple with how to best ensure the rights and interests of the children, as well as fairness towards parents (and their new partners), in such situations. This paper focuses on child support where the payor (or “payer”) parent has children in multiple households, including where the payor has re-partnered and is residing with the children of the “new” household, as well as where the payor has children in multiple households but is not residing with any of them. I look at three jurisdictions – Canada, Australia and Japan – and compare their distinct approaches to child support in cases of “multiple families”. This work focuses both on the “how” and the “why”, and attempts to answer the following questions: (1) Are obligations towards children in “other” households (children from previous or subsequent relationships) taken into consideration when calculating child support, and what is the reasoning behind doing so/not doing so? (2) If obligations to “other” children are taken into account, (a) is there a threshold for doing so; and (b) how is child support (re-)calculated in such cases? (3) Where the payor parent has re-partnered, is the new partner’s income (or lack thereof) relevant to the calculation of child support, and why/why not? I draw and expand on earlier comparative work by, among others, Meyer, Skinner & Davidson (2011). Complex Families and Equality in Child Support Obligations. Children and Youth Services Review 33; Claessens & Mortelmans (2018). Challenges for Child Support Schemes: Accounting for Shared Care and Complex Families, Journal of European Social Policy 28(3).
Biography
Since 2018, Associate Professor of Tohoku University Graduate School of Law (Japan). Visiting scholar at University of Toronto Faculty of Law (2021-2022) and Melbourne Law School (2023). Research interests: family law; divorce, remarriage and children; contact/visitation; child support, etc.
Selected publications:
(Upcoming) M. Roots. Remarriage of the Non-Residential Parent and the (Re-)Calculation of Child Support: Some Reflections from Canadian and Australian Law. In: Kubono et al. (eds.) The Past Present and Future of Family Law (Yuhikaku, 2025) (in Japanese)
M. Roots (2023). A Patchwork Approach to Diversity: Legal Parenthood in Diverse Families in Japan. in: Heaton & Kemelmajer (eds.), Plurality and Diversity in Law: Family Forms and Family's Functions (Intersentia)
M. Roots. (2019) Stepfamilies and the Law in Japan. in: Rogerson et al (eds.) Family Law and Family Realities (Eleven International Publishing)
