Family Law Proceedings and the Child’s Right to Be Heard in Australia, the United Kingdom, New Zealand, and Canada

Fernando, Michelle (2014) 'Family Law Proceedings and the Child’s Right to Be Heard in Australia, the United Kingdom, New Zealand, and Canada' 52 Family Court Review: An Interdisciplinary Journal (USA) pp.46-59

14 Pages Posted: 7 Jul 2015

See all articles by Michelle Fernando

Michelle Fernando

University of South Australia - School of Law

Date Written: 2014

Abstract

This article examines the child’s right to be heard in family law proceedings in four international jurisdictions, comparing laws, practices, and attitudes relating to children’s participation. It critiques the methods by which children’s views are heard and discusses the significant variations in each country’s approach to listening to children. The article discusses each system’s strengths and weaknesses in promoting children’s right to be heard, reviewing international literature and highlighting recent initiatives to promote children’s participation, such as the 2010 United Kingdom guidelines for judges meeting with children. The article concludes that there is little consistency in how children’s voices are heard in family law matters internationally. One possible explanation is that each jurisdiction differs in its culture of and attitude toward children’s rights.

Keywords: Australia; Children; Children’s Views; Family Law; Participation; Right to Be Heard; Rights of the Child

Suggested Citation

Fernando, Michelle, Family Law Proceedings and the Child’s Right to Be Heard in Australia, the United Kingdom, New Zealand, and Canada (2014). Fernando, Michelle (2014) 'Family Law Proceedings and the Child’s Right to Be Heard in Australia, the United Kingdom, New Zealand, and Canada' 52 Family Court Review: An Interdisciplinary Journal (USA) pp.46-59, Available at SSRN: https://ssrn.com/abstract=2627500

Michelle Fernando (Contact Author)

University of South Australia - School of Law ( email )

GPO Box 2471
Adelaide SA 5001
Australia

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