Parents as prisoners: A study of parent–child relationships in the Children’s Court of Victoria

Abstract

• Summary: This article reports on a study funded by the Criminology Research Council, Australia, investigating the intersection between the child protection and criminal justice systems and the extent to which children before the Melbourne Children’s Court on child protection matters, during the study period June to December 2006, had a parent currently in prison, awaiting sentencing or previously in prison. This article focuses on what associations there might be between parental imprisonment and its impact on family life and the care of children.

• Findings: Magistrates identified 156 children as meeting these criteria during the study period for whom there were concerns about physical and emotional harm, child development, or the parent’s incapacity to provide care for the child; concerns about parental substance abuse, mental health, family violence and transience. The instability in these children’s lives was linked to the parents’ offending and was reflected in the reasons why the children came to the attention of the court, and the child protection concerns expressed about them. Yet, there was no co-ordinated response by the child protection and justice systems to managing these children’s situations.

• Application: Early intervention for children affected by parental offending, and the development of child protection service protocols with the corrections system about children when their parents enter prison is essential, to better address the instability and disruption in care these children experience, their vulnerability as adults to mental health and relationship problems, and their reduced education and employment outcomes.

Keywords

children’s courts child protection corrections policy out-of-home care prisoner parents

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