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
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
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