The Voice of a Child in Family Law Disputes
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Product details:
- Publisher OUP Oxford
- Date of Publication 18 December 2008
- ISBN 9780199237791
- Binding Hardback
- No. of pages256 pages
- Size 242x162x20 mm
- Weight 544 g
- Language English 0
Categories
Short description:
Is it better to keep children out of family law conflicts about parenting, or to give them a say? This book integrates the issues with empirical data on the views and experiences of children and other participants in such disputes, suggesting ways that children can better be heard without placing them at the centre of their parents' conflicts.
MoreLong description:
When relationships break down, disputes commonly arise over the parenting arrangements for children, whose living arrangements have to be reorganized at a time of great conflict and turmoil. Most such disputes are resolved without a judicial determination through private agreement, negotiation between lawyers, mediation, or a combination of these methods. This book examines whether and how children should be involved in the process of resolving family law disputes. Although there is widespread acceptance in the Western world that the views of children should be taken into account, and that the weight given to those views should depend on their age and maturity, there is much less agreement about how children's voices should be heard.
There are many benefits to giving children a voice in decisions that affect their lives, and the UN Convention on the Rights of the Child identifies this as a right for children. However, there are difficulties and dangers in seeking to hear from children, not least because they may be subject to pressure from each parent to express views that support his or her case. Courts dealing with family law issues are constantly faced with a dilemma. Is it better to keep children out of the conflict, or to give them a say, so that the arrangements are as workable for them as possible?
This book integrates examinations of these issues with empirical data from interviews which explore the views and experiences of children, parents, counsellors, mediators, lawyers, and judges involved in such disputes in Australia. Drawing on this research, the authors suggest ways in which children can better be heard without placing them at the centre of their parents' conflicts. They argue that the focus should not just be on how children are heard in legal proceedings, but on how they can be better heard in those families who resolve their conflicts without going to court.
These two Australia-based heavyweights, family lawyer and child psychologist respectively, have synthesised their skills to address one of family law's most important pieces of unfinished business. They get to the point straightaway, which is that the broad international consensus that children should be heard does not extend to how best this may be achieved...They provide a literature review, very well informed by various disciplines and the experiences of a number of jurisdictions, laced with opinions garnered from all the relevant (Ausralian) players
Table of Contents:
Preface
The Debate About Children's Voices
The Research
The Different Ways of Hearing the Voice of the Child
Children's and Parents' Views of Children's Participation
Professional Views of Children's Participation
Children's Involvement in the Litigation Process
Judicial Conversations with Children
Towards a More Responsive Legal System
References
Index
