Children’s Participation in Family Law Disputes:
The Views of Children, Parents, Lawyers and Counsellors

Familly Matters, No. 82, pp. 15-21, 2009

Sydney Law School Research Paper No. 09/81

8 Pages Posted: 12 Sep 2009  

Judith Cashmore

The University of Sydney Law School

Patrick Parkinson

The University of Sydney Law School

Date Written: September, 10 2009

Abstract

Children, parents, counsellors, and lawyers were interviewed concerning their views about the value and risks attached to children being involved in decisions that are made about the arrangements for them after their parents separate. Children, parents, counsellors - and lawyers to a lesser extent - were generally in agreement that it is important to hear children's views and for children to feel that they have been heard and taken seriously. Working out the issues on which to involve children is as important as the means of so doing. Listening to children sensitively, and with awareness of the kinds of decisions in which they are best able to participate, is the key to resolving the tension between participation and protection.

Keywords: children’s participation, children’s views, parental separation, lawyers, mediators

JEL Classification: K10, K30

Suggested Citation

Cashmore, Judith and Parkinson, Patrick, Children’s Participation in Family Law Disputes: The Views of Children, Parents, Lawyers and Counsellors (September, 10 2009). Familly Matters, No. 82, pp. 15-21, 2009; Sydney Law School Research Paper No. 09/81. Available at SSRN: https://ssrn.com/abstract=1471693

Judith Cashmore (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

Patrick Parkinson

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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