Challenging undue influence? Rethinking children’s participation in contested child contact

Abstract

Despite the widespread ratification of the United Nations Convention on the Rights of the Child, children continue to struggle to have their participation rights recognised and supported. This is evident within family law, where despite sometimes progressive and strong legislation, children's views are often not heard nor given due weight, when parent-child contact is contested within the courts. This paper explores barriers to children's participation rights being realised. It uses Scotland as the example, due to its strong legal safeguards and mechanisms that aim to support participation rights. The paper draws on recent empirical research with legal professionals, combined with an analysis of reported case law and relevant literature, to explore the barriers 'on the ground' for children's participation rights. Through our analysis, we offer new ways to conceptualise the notion of influence in children's participation rights in family actions.We offer the conceptual devices of 'the influenced child' and 'the influential child' to elucidate how children's participation rights are restricted.

The Evolution of Vertical Video: TikTok and the 21st Century Children's Interactive Learning Trend

“…Visual communication patterns elevate the unity of space and time in interactive learning media. Virtual communication in the virtual space will occur by interacting and having disagreements between vertical videos of learning media and children as part of the participatory art education concept (Krasny et al, 2010;Tisdall et al, 2021). Participatory art education invites children to play a role in creating learning media, even the presence of learning media, thanks to the collaboration with children (Nuroh et al, 2020).…”

“In accordance with age and maturity”: Children’s perspectives, conceptions and insights regarding their capacities and meaningful participation

“…This was not expected to affect any results as the intention of the research was to gain qualitative understandings. Undue influence or researcher bias was not relevant or involved in this research (Tisdall et al, 2021).…”

Children’s Sense of Belonging in the Context of Post-separation Parental Stalking: Finnish Children’s Experiences of their Family Relations

“…In addition, the findings show that even though children can, to a certain extent, choose with whom and to what they want to belong (Angel, 2014 ), they may not have a say in situations where professionals assess that contact between a child and his or her father is in the child’s best interest, even if the contact poses a risk of continued violence against the child and mother (Nikupeteri & Laitinen, 2015 ; Bruno, 2018 ; Radford & Hester, 2015 ; Staf & Almqvist, 2015 ; Tisdall et al, 2021 ). Children’s sense of not belonging with a stalking father challenges the ideal of joint parenting and children’s continued contact with both parents after the parents’ separation (also Elizabeth et al, 2012 ; Jaffe et al, 2009 ; Radford & Hester, 2015 ) by adding the child’s personal experience of belonging to the evaluation of the quality of family relations.…”

“…Disclosing children’s sense of belonging requires that professionals work with children for long periods and acknowledge their multifaceted sense of belonging in family relations. Also, children’s statements of not belonging with the father should be taken seriously (also Bruno, 2018 ) and as ‘real views’ of children (Tisdall et al, 2021 ). A nuanced understanding of children’s sense of belonging enables professionals within social and health care services and law enforcement to place value on children’s views of post-separation family relations that provide protection, are mutually rewarding and increase their wellbeing (Jamieson, 2011 ).…”