The lived experiences of children/young people in the Aotearoa-New Zealand family court system

Abstract

This qualitative study explores the experiences of young people with professionals as they traverse the family court in Aotearoa-New Zealand. A hermeneutic phenomenological lens, based on the writings of Heidegger, Gadamer, van Manen and Buber, explored this phenomenon, which was embedded in the notion that young people need to have agency, the ability to act, to speak and to share their thoughts in matters that affect them. Six young people aged 8–16 years, four lawyers for the children, four specialist report writers (psychologists) and one parent were interviewed. Each interview was crafted into a story, which were then interpreted into “themes”, to allow the young person's experiences to be better understood and presented. This article focuses on one aspect of the young person's experiences as reported by them. The key insight was that the professional who engages in extra-ordinary listening about the young person's experience of what matters to them, can build a space of trust, the “between”, the gap between two people where mutual authenticity can exist, where discussion can occur, and where the professional can hear, respect and represent the young person's views at the decision-making phase of Court proceedings.