Close Encounters of a Judicial Kind: ‘Hearing’ Children’s ‘Voices’ in Family Law Proceedings

21 Pages Posted: 1 Dec 2011

See all articles by Rosemary Hunter

Rosemary Hunter

Kent Law School, Eliot College, University of Kent

Date Written: December 1, 2011

Abstract

This article takes issue with recent suggestions that children’s voices might best be heard in family law proceedings by means of judicial interviews. Drawing on theoretical and legal literature, case-law and empirical research, it argues that the quest for access to children’s ‘true’ or ‘authentic’ wishes and feelings is misplaced. Rather, there is a need for careful scrutiny of the conditions of production of children’s wishes and feelings and the frameworks of interpretation applied in any context, together with consideration of the purpose of judicial interviews with children, and the reasons why this debate has arisen at the present time.

Keywords: child law, family law, judicial interviews with children, children's voices

Suggested Citation

Hunter, Rosemary, Close Encounters of a Judicial Kind: ‘Hearing’ Children’s ‘Voices’ in Family Law Proceedings (December 1, 2011). Child and Family Law Quarterly, Vol. 19, No. 3, pp. 283-303, 2007. Available at SSRN: https://ssrn.com/abstract=1966943

Rosemary Hunter (Contact Author)

Kent Law School, Eliot College, University of Kent ( email )

Canterbury, Kent CT2 7NS
United Kingdom

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