Family Courts as part of the States’ Counter-Terrorism Toolkit: A Welcome Development for Children of FTFs?

The case for family courts having a bigger or exclusive role in making and monitoring arrangements for the families and, in particular, the children of alleged foreign terrorist fighters (FTFs) is strong. These courts can be a conduit for a whole of government approach in respect of children potentially impacted by radicalisation or extremism and/or children of alleged FTFs. As part of the broader rule of law framework, the family justice system works in cooperation with the criminal justice system to ensure the proper administration of justice in both of these jurisdictions. What makes family law better suited to addressing cases of (potentially) radicalised children or children of alleged FTFs, however, is the best interests of the child principle—a foundational principle of family law regardless of the jurisdiction. What this chapter proposes to do is to put forward the case for family courts and pertinent child support and protection services as a more long-term and sustainable response to the plight of accompanied and orphaned children of alleged FTFs: a response that respects the applicable international legal obligations.