Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

Constructing Children's Views in the Enforcement of Contact Orders

Constructing Children's Views in the Enforcement of Contact Orders <jats:sec><jats:title>Abstract</jats:title><jats:p>Using findings from a qualitative Swedish study on children in family law, in particular the enforcement of contact orders, the article focuses on how professionals recognise and account for children's views in such proceedings. Data include 46 court verdicts, whereof 18 files were selected for special study, and 12 interviews with professionals. Results indicate that constructions of what are the children's 'real' views; a discussion of protecting children from negative responsibility; and chronological age, can be used to subordinate children's participation in court. In cases where children's 'conditions' for contact are disregarded by the court, we argue that the children's views are invalidated, as are the possible risk for children's exposure to violence and/or abuse. The reason for involving children in decision-making in family law is consequently not only to uphold children's rights, but to promote children's protection as well.</jats:p> </jats:sec> http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The International Journal of Children's Rights Brill

Constructing Children's Views in the Enforcement of Contact Orders

Loading next page...
 
/lp/brill/constructing-children-s-views-in-the-enforcement-of-contact-orders-3VEc1GJq0w

References

References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.

Publisher
Brill
Copyright
© 2009 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0927-5568
eISSN
1571-8182
DOI
10.1163/157181808X401457
Publisher site
See Article on Publisher Site

Abstract

<jats:sec><jats:title>Abstract</jats:title><jats:p>Using findings from a qualitative Swedish study on children in family law, in particular the enforcement of contact orders, the article focuses on how professionals recognise and account for children's views in such proceedings. Data include 46 court verdicts, whereof 18 files were selected for special study, and 12 interviews with professionals. Results indicate that constructions of what are the children's 'real' views; a discussion of protecting children from negative responsibility; and chronological age, can be used to subordinate children's participation in court. In cases where children's 'conditions' for contact are disregarded by the court, we argue that the children's views are invalidated, as are the possible risk for children's exposure to violence and/or abuse. The reason for involving children in decision-making in family law is consequently not only to uphold children's rights, but to promote children's protection as well.</jats:p> </jats:sec>

Journal

The International Journal of Children's RightsBrill

Published: Jan 1, 2009

Keywords: PROTECTION; FAMILY LAW; CHILDREN'S VIEWS; CHILDREN; PARTICIPATION

There are no references for this article.