Children’s participation in family law disputes

The views of children, parents, lawyers and counsellors

 

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Content type
Family Matters article
Published

June 2009

Abstract

To what extent, if any, should children be involved in the process of resolving parenting arrangements when their mother and father cannot agree? Should they be given seats to the boxing match, or invited into the ring? Or should they rather be excluded from the venue? In recent years there has been a new awareness of the value of giving children a voice, and the benefits to the decision-making process that can result from listening to and involving children. This article provides an overview of the results of a series of interviews seeking to explore this issue that were conducted with parents, children, family consultants, mediators, lawyers and judges. Questions included: "How important do you think children's views are in terms of making satisfactory parenting agreements after separation?", and "Do you encourage parents to involve the children in the parent's own negotiations about the parenting arrangements?" Children, parents and 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. The children themselves generally did not want to make the decisions about the residence and contact arrangements after their parents separated, but they did want their views to be heard and taken seriously.

To what extent, if any, should children be involved in the process of resolving parenting arrangements when their mother and father cannot agree? Should they be given seats to the boxing match, or invited into the ring? Or should they rather be excluded from the venue? In recent years there has been a new awareness of the value of giving children a voice, and the benefits to the decision-making process that can result from listening to and involving children. This article provides an overview of the results of a series of interviews seeking to explore this issue that were conducted with parents, children, family consultants, mediators, lawyers and judges. Questions included: "How important do you think children's views are in terms of making satisfactory parenting agreements after separation?", and "Do you encourage parents to involve the children in the parent's own negotiations about the parenting arrangements?" Children, parents and 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. The children themselves generally did not want to make the decisions about the residence and contact arrangements after their parents separated, but they did want their views to be heard and taken seriously.

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Citation

Cashmore, J., & Parkinson, P. (2009). Children’s participation in family law disputes: The views of children, parents, lawyers and counsellors. Family Matters, 82, 15-21. 

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