International Handbook on Child Participation in Family Law, 51

International Handbook on Child Participation in Family Law, 51

Author: Marilyn Freeman

Publisher: European Family Law

Published: 2021-07-16

Total Pages: 400

ISBN-13: 9781839700569

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This book considers children?s participation rights in the context of family law proceedings, and how their operation can be improved for the benefit of children and family justice systems globally. In doing so, it provides the pedagogical reasoning for child participation, as well as a thorough analysis of the relevant human rights instruments in this area, including the United Nations Convention on the Rights of the Child.00This comprehensive book examines the way in which private international law instruments deal with child participation in separation/divorce, parental responsibility and child abduction proceedings. In addition, the book includes individual contributions from renowned family law experts from 17 countries who describe and analyse the local laws and exercise of child participation rights in their own jurisdictions. These insightful texts include the authors? views on the improvements needed to ensure that child participation rights are fully respected and implemented in the countries under review. A detailed comparative analysis follows which helpfully pinpoints both the key commonalities and differences in these global processes. Finally, the concluding chapter draws together the different perspectives revealed across the handbook, and identifies several key issues requiring further reflection from scholars, policy makers and family justice professionals.


The Voice of a Child in Family Law Disputes

The Voice of a Child in Family Law Disputes

Author: Patrick Parkinson

Publisher: Oxford University Press, USA

Published: 2008

Total Pages: 249

ISBN-13: 0199237794

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Is it better to keep children out of family law conflicts about parenting, or to give them a say? This book integrates the issues with empirical data on the views and experiences of children and other participants in such disputes, suggesting ways that children can better be heard without placing them at the centre of conflicts.


Children's Constitutional Rights in the Nordic Countries

Children's Constitutional Rights in the Nordic Countries

Author: Trude Haugli

Publisher: Brill Nijhoff

Published: 2020

Total Pages: 0

ISBN-13: 9789004382800

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This study explores whether and how enshrining children's rights in national constitutions improves implementation and enforcement of those rights by comparing Danish, Finnish, Icelandic, Norwegian and Swedish law.


The Future of Child and Family Law

The Future of Child and Family Law

Author: Elaine Sutherland

Publisher: Cambridge University Press

Published: 2012-08-02

Total Pages: 497

ISBN-13: 1107006805

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A critical and comparative analysis of the past and future imperatives shaping child and family law around the world.


Nordic Mediation Research

Nordic Mediation Research

Author: Anna Nylund

Publisher: Springer

Published: 2018-04-03

Total Pages: 268

ISBN-13: 3319730193

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This open access book presents twelve unique studies on mediation from researchers in Denmark, Finland, Norway and Sweden, respectively. Each study highlights important aspects of mediation, including the role of children in family mediation, the evolution and ambivalent application of restorative justice in the Nordic countries, the confusion of roles in court-connected mediation, and the challenges in dispute systems. Over the past 20-30 years, mediation has gained in popularity in many countries around the world and is often heralded as a suitable and cost-effective mode of conflict resolution. However, as the studies in this volumes show, mediation also has a number of potential drawbacks. Parties’ self-determination may be jeopardized, affected third parties are involved in an inadequate way, and the legal regulations may be flawed. The publication can inspire research, help professionals and policymakers in the field and be used as a textbook.


Professional Practice in Child Protection and the Child’s Right to Participate

Professional Practice in Child Protection and the Child’s Right to Participate

Author: Asgeir Falch-Eriksen

Publisher: Taylor & Francis

Published: 2022-08-05

Total Pages: 118

ISBN-13: 1000738973

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This book explains and discusses how a child’s right to freedom of expression is upheld through practice and decision-making in Child Protection Services (CPS). Using the right to expression as stipulated in Article 12.2 of the United Nations Convention on the Rights of the Child (CRC) as a point of departure, it explains what CPS practices should look like and how they must operate to uphold and enforce the rights of the child by providing "the opportunity to be heard" in any administrative practice. Current research literature documents extensively, and across countries, how either the voice of the child is not heard or, alternatively, the existence of a pro forma/tokenistic approach to listening to the child throughout CPS practices. Taking a three-fold approach, this book establishes a clearer connection between rights and professional practice according to Article 12 extrapolates how rights-based practice is achieved during CPS practices provides a comprehensive answer to the challenge of implementing Article 12.2 through policy and legislation. It will be of interest to all students, academic and professionals working within child protection including social workers, probation officers, health and social care workers, lawyers and teachers. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.


The Voice of a Child in Family Law Disputes

The Voice of a Child in Family Law Disputes

Author: Patrick Parkinson

Publisher: OUP Oxford

Published: 2008-12-18

Total Pages: 256

ISBN-13: 0191553409

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When relationships break down, disputes commonly arise over the parenting arrangements for children, whose living arrangements have to be reorganized at a time of great conflict and turmoil. Most such disputes are resolved without a judicial determination through private agreement, negotiation between lawyers, mediation, or a combination of these methods. This book examines whether and how children should be involved in the process of resolving family law disputes. Although there is widespread acceptance in the Western world that the views of children should be taken into account, and that the weight given to those views should depend on their age and maturity, there is much less agreement about how children's voices should be heard. There are many benefits to giving children a voice in decisions that affect their lives, and the UN Convention on the Rights of the Child identifies this as a right for children. However, there are difficulties and dangers in seeking to hear from children, not least because they may be subject to pressure from each parent to express views that support his or her case. Courts dealing with family law issues are constantly faced with a dilemma. Is it better to keep children out of the conflict, or to give them a say, so that the arrangements are as workable for them as possible? This book integrates examinations of these issues with empirical data from interviews which explore the views and experiences of children, parents, counsellors, mediators, lawyers, and judges involved in such disputes in Australia. Drawing on this research, the authors suggest ways in which children can better be heard without placing them at the centre of their parents' conflicts. They argue that the focus should not just be on how children are heard in legal proceedings, but on how they can be better heard in those families who resolve their conflicts without going to court.


Children's Rights and the Developing Law

Children's Rights and the Developing Law

Author: Jane Fortin

Publisher: Cambridge University Press

Published: 2009-08-13

Total Pages: 879

ISBN-13: 1139479989

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Following the implementation of the Human Rights Act 1998, awareness has increased that we live in a rights-based culture and that children constitute an important group of rights holders. Now in its third edition, Children's Rights and the Developing Law explores the way developing law and policies in England and Wales are simultaneously promoting and undermining the rights of children. It reflects on how far these developments take account of children's interests, using current research on children's needs as a template against which to assess their effectiveness and considering a broad range of topics, including medical law, education and youth justice. A critical approach is maintained throughout, particularly when assessing the extent to which the concept of children's rights is being acknowledged by the courts and policy makers and the degree to which the UK fulfils its obligations under, for example, the UN Convention on the Rights of the Child.


International Perspectives and Empirical Findings on Child Participation

International Perspectives and Empirical Findings on Child Participation

Author: Tali Gal

Publisher: Oxford University Press

Published: 2015-03-20

Total Pages: 501

ISBN-13: 0199367000

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The 1989 UN Convention on the Rights of the Child has inspired advocates and policy makers across the globe, injecting children's rights terminology into various public and private arenas. Children's right to participate in decision-making processes affecting their lives is the acme of the Convention and its central contribution to the children's rights discourse. At the same time the participation right presents enormous challenges in its implementation. Laws, regulations and mechanisms addressing children's right to participate in decision-making processes affecting their lives have been established in many jurisdictions across the globe. Yet these worldwide developments have only rarely been accompanied with empirical investigations. The effectiveness of various policies in achieving meaningful participation for children of different ages, cultures and circumstances have remained largely unproven empirically. Therefore, with the growing awareness of the importance of evidence-based policies, it becomes clear that without empirical investigations on the implementation of children's right to participation it is difficult to promote their effective inclusion in decision making. This book provides a much-needed, first broad portrayal of how child participation is implemented in practice today. Bringing together 19 chapters written by prominent authors from the United States, Canada, the United Kingdom, Ireland, New Zealand, Australia, and Israel, the book includes descriptions of programs that engage children and youth in decision-making processes, as well as insightful findings regarding what children, their families, and professionals think about these programs. Beyond their contribution to the empirical evidence on ways children engage in decision-making processes, the volume's chapters contribute to the theoretical development of the meaning of "participation," "citizenship," "inclusiveness," and "relational rights" in regards to children and youth. There is no matching to the book's scope both in terms of its breadth of subjects and the diversity of jurisdictions it covers. The book's chapters include experiences of child participation in special education, child protection, juvenile justice, restorative justice, family disputes, research, and policy making.


The New Handbook of Children's Rights

The New Handbook of Children's Rights

Author: Bob Franklin

Publisher: Psychology Press

Published: 2002

Total Pages: 452

ISBN-13: 9780415250351

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The expanded and completely revised new edition of this well established handbook provides essential information on a topic of increasing importance across a range of disciplines and practices.