FAMILY LAW PROCEEDINGS AND THE CHILD'S RIGHT TO BE HEARD IN AUSTRALIA, THE UNITED KINGDOM, NEW ZEALAND, AND CANADA

被引:11
作者
Fernando, Michelle [1 ]
机构
[1] Univ South Australia, Sch Law, Family Law, Adelaide, SA, Australia
关键词
Article; 12; Australia; Canada; Children; Children's Views; Family Law; New Zealand; Participation; Right to Be Heard; United Kingdom; and United Nations Convention on the Rights of the Child;
D O I
10.1111/fcre.12069
中图分类号
D669 [社会生活与社会问题]; C913 [社会生活与社会问题];
学科分类号
1204 ;
摘要
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. Keypoints Children's views in family law matters Comparative analysis of law and practice in Australia, the United Kingdom, New Zealand, and Canada Child's right to be heard
引用
收藏
页码:46 / 59
页数:14
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