Children's participation in family law decision-making: Theoretical approaches to understanding children's views

2011 ◽  
Vol 33 (4) ◽  
pp. 515-520 ◽  
Author(s):  
Judy Cashmore
2009 ◽  
Vol 17 (4) ◽  
pp. 663-680 ◽  
Author(s):  
Ingrid Höjer ◽  
Karin Röbäck

AbstractUsing findings from a qualitative Swedish study on children in family law, in particular the enforcement of contact orders, the article focuses on how professionals recognise and account for children's views in such proceedings. Data include 46 court verdicts, whereof 18 files were selected for special study, and 12 interviews with professionals. Results indicate that constructions of what are the children's 'real' views; a discussion of protecting children from negative responsibility; and chronological age, can be used to subordinate children's participation in court. In cases where children's 'conditions' for contact are disregarded by the court, we argue that the children's views are invalidated, as are the possible risk for children's exposure to violence and/or abuse. The reason for involving children in decision-making in family law is consequently not only to uphold children's rights, but to promote children's protection as well.


2021 ◽  
Vol 16 (2-3) ◽  
pp. 197-226
Author(s):  
Claire O'Kane ◽  
Annabel Trapp ◽  
Paul Stephenson ◽  
Julia Smith-Brake

Children’s participation and accountability to children are increasingly common aspirations of child-focused organisations; development agencies and research institutions frequently use young people’s advisory councils as one path to participation. A key challenge is to not only find meaningful ways to institutionalise children’s views as part of organisational decision making, but also to identify and address barriers to participation. This article presents the findings of a commissioned landscape assessment to identify good practices and lessons learned from child-focused agencies, in order to inform the operationalisation of children’s requests on programme improvements and accountability to children. The study was exploratory and qualitative. It included primary and secondary data collection, including a desk review, key informant interviews with adults and young people, and focus group discussions with young people. The findings showed common elements of organisational models of child participation and insights from children and young people on the types of decisions they want to influence, reasons why they should be heard, and how-to approaches to support their meaningful participation. Other findings focused on key challenges of children’s participation in governance, including adult mindsets, low capacity, and structural restrictions, and lessons learned on enabling factors, such as organisation-wide buy-in, and space and inclusion for children and young people. Further inquiry could inform the purpose, scope, and appropriateness of child participation in governance structures within child-focused organisations.


2012 ◽  
Vol 20 (4) ◽  
pp. 645-673 ◽  
Author(s):  
Nicola Taylor ◽  
Robyn Fitzgerald ◽  
Tamar Morag ◽  
Asha Bajpai ◽  
Anne Graham

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.


2017 ◽  
Vol 5 (3) ◽  
pp. 148-154 ◽  
Author(s):  
Rachel Birnbaum

Views of the Child reports are being increasingly used in Canada and other countries as a means of directly obtaining the child’s perspective on disputes between their parents and/or guardians. The reports provide information about the child’s perspective based on one or more interviews with a social worker. Yet, little research exists about their use and impact, the benefits and limitations of the approach, and less about what factors need to be considered in establishing practices and protocols to safely advance children’s views before the court. This article draws on the direct experiences of 24 children between the ages of 6–17 years about their views and preferences during family breakdown. The children describe how they wanted to speak to someone about their views and preferences, raised questions about the accuracy of the reporting of their views, the need for protecting their confidentiality by having a say of what is included in the report, and their support for children’s participation in decision-making post-separation. Practice, research and policy considerations are also highlighted in order for children’s participation to be truly meaningful to them, their parents and the courts.


2021 ◽  
pp. 104973152098484 ◽  
Author(s):  
Karmen Toros

This article explores child welfare workers’ experiences of children’s participation in decision making in the child protection system. The systematic review follows the principles of the Preferred Reporting Items for Systematic Reviews and Meta-Analyses statement and includes 12 peer-reviewed articles published in academic journals from 2009 to 2019. Findings indicate that children’s participation in decision making is generally limited or nonexistent. The age of the child is an important determining factor concerning whether the child is given the opportunity to participate in decision making. Potential harm for children that may result from participation is considered when deciding on whether to include a child in the decision-making process.


Author(s):  
Brit Johanne Eide ◽  
Ellen Os ◽  
Ingrid Pramling Samuelsson

Title: Young children’s participation during circle time. Abstract: In day schedules of early childhood education, circle time has traditionally been one of the core situations. According to the Convention on the Rights of the Child, children should be given opportunity to influence their everyday life. This article presents an analysis of circle time in 8 toddler groups. The focus of the analysis is children’s opportunities to participate and take part in the process of decision-making during circle time. The results indicate that the toddlers take part in community of the group, but their opportunities to influence are limited.


2002 ◽  
Vol 9 (6) ◽  
pp. 583-598 ◽  
Author(s):  
Ingrid Runeson ◽  
Inger Hallström ◽  
Gunnel Elander ◽  
Göran Hermerén

Twenty-four children (aged 5 months to 18 years) who were admitted to a university hospital were observed for a total of 135 hours with the aim of describing their degree of participation in decisions concerning their own care. Grading of their participation was made by using a 5-point scale. An assessment was also made of what was considered as optimal participation in each situation. The results indicate that children are not always allowed to participate in decision making to the extent that is considered optimal. In no case was it judged that a child participated in or was forced to make a decision that was too difficult for the child. The interactions between children, parents and staff were also described in connection with discussions and decision-making processes. This showed that parents do not always support their children in difficult situations and that health care staff often inform children about what is going to happen without presenting alternatives or asking for their views. Staff may, however, find themselves facing an ethical conflict in deciding between supporting a child’s view or following hospital routine. It is of great importance that children are looked upon as potentially autonomous individuals and that staff members realize that one of their core duties is to facilitate children’s participation in decision making concerning their health care.


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