International Models of Child Participation in Family Law Proceedings following Parental Separation / Divorce

International Models of Child Participation in Family Law Proceedings following Parental... This article reports on the findings of a 2009 survey conducted under the auspices of the Childwatch International Research Network about how children’s participation rights, as set out in Articles 12 and 13 of the UNCRC, are respected in private family law proceedings internationally. Court-based and alternative dispute resolution processes and the roles of relevant professionals engaged in child-inclusive practices are considered, as well as religious, indigenous and customary law methods of engaging with children. The findings from the 13 participating countries confirm an increasing international commitment to enhancing children’s participation in family law decision-making, but depict a wide variety of approaches being used to achieve this. Case studies from Australia, India, Israel and New Zealand are included to illustrate differing models of children’s participation currently in use in decision-making processes following parental separation. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The International Journal of Children's Rights Brill

International Models of Child Participation in Family Law Proceedings following Parental Separation / Divorce

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Publisher
Brill
Copyright
© 2012 by Koninklijke Brill N.V., Leiden, The Netherlands
Subject
Articles
ISSN
0927-5568
eISSN
1571-8182
DOI
10.1163/15718182-55680006
Publisher site
See Article on Publisher Site

Abstract

This article reports on the findings of a 2009 survey conducted under the auspices of the Childwatch International Research Network about how children’s participation rights, as set out in Articles 12 and 13 of the UNCRC, are respected in private family law proceedings internationally. Court-based and alternative dispute resolution processes and the roles of relevant professionals engaged in child-inclusive practices are considered, as well as religious, indigenous and customary law methods of engaging with children. The findings from the 13 participating countries confirm an increasing international commitment to enhancing children’s participation in family law decision-making, but depict a wide variety of approaches being used to achieve this. Case studies from Australia, India, Israel and New Zealand are included to illustrate differing models of children’s participation currently in use in decision-making processes following parental separation.

Journal

The International Journal of Children's RightsBrill

Published: Jan 1, 2012

Keywords: child participation; rights; family law; separation; divorce; UNCRC; Childhood Studies

References

  • Early intervention in New Zealand Family court cases
  • Interpreting and supporting participation rights: Contributions from sociocultural theory

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