Child Participation in the Family Courts--Lessons from the Israeli Pilot Project

Morag, Tamar; Rivkin, Dori; Sorek, Yoa

doi:10.1093/lawfam/ebr023

Cited by 17 publications

(13 citation statements)

References 7 publications

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“…Lawyers are not the only professionals who have responsibility for children's participation when decisions are made in child protection matters; social workers also have an important role (Bell, 2011). 1 For instance, an innovative participation pilot in Israel provides options for children's participation in family law matters that include meeting with 'participation social workers' and judges (Morag, Rivkin and Sorek, 2012).…”

Section: Introductionmentioning

confidence: 99%

Different Views? Children's Lawyers and Children's Participation in Protective Proceedings in New South Wales, Australia

Ross

2013

International Journal of Law, Policy and the Family

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Fierce debates about the appropriate role of children's lawyers in child protection have erupted in Australia and overseas since the 1990s, with different models of legal representation for children incorporated into legislation. Given the pace of change and the variety of arrangements in Australia, there has been surprisingly little research into how lawyers think about these roles or put them into practice. This article examines how children's lawyers in the NSW Child Protection system think about their practice and formulate their approach to the representation of children, with reference to their contact with children. It reports on the findings of a qualitative study undertaken in 2006 that asked 21 lawyers how they work with children and how they think about children's participation. Lawyers reported that they represented children in very different ways, reflecting ambiguity about how to interpret these roles and involve children as clients or the subject of best interests representation. The author argues that an integral aspect of the lawyers' role is to ensure that children are heard by the court, but that more needs to be done to ensure this is carried out in practice.

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Section: Introductionmentioning

confidence: 99%

Different Views? Children's Lawyers and Children's Participation in Protective Proceedings in New South Wales, Australia

Ross

2013

International Journal of Law, Policy and the Family

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“…Parkinson et al (2007) found that a majority of children in child custody disputes indicated that they should be able to speak with the judge in chambers if they desired. Morag et al (2012) also found that children believed it was important for them to meet the person (judge) who would be making decisions about them. Reasons for not wanting to speak with the judge included: feeling that it was inappropriate or unnecessary (typically expressed by children in uncontested cases); preferring to deal with family matters within the family; and feeling that it was scary or too formal.…”

Section: Judicial Interviewsmentioning

confidence: 99%

“…Children who did not have a judicial interview would have liked to have known they had the option to talk to a judge irrespective of whether the decision was in their favour or not. Morag et al (2012) also found that children believed it was important for them to meet the person (judge) who would be making decisions about them.…”

Section: Judicial Interviewsmentioning

confidence: 99%

A scoping review of qualitative studies about children experiencing parental separation

Birnbaum

Saini

2012

Childhood

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This article explores a scoping review of qualitative studies about children's experiences and feelings during times of parental separation. The purpose of the review was to explore children's feelings and attitudes about their parents' separation and how their voices are heard during times of parental separation. The scoping review examined 44 studies in 13 countries involving 1525 children. While the studies examine how and why children's voices are important in the decisionmaking process adults typically remain the gatekeepers of their voices. Children's participation in child custody decision-making must include them at all levels of practice, policy and research.

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“…It seems crucial that for Article 12 to be "making a difference for children in proceedings about their best interests, being 'heard' should be influencing the outcomes of individual cases." Yet children consistently report that they feel that even where they have been heard it has not made a difference both in family law (see e.g., McKay 2013;Morag et al 2012;Darlington 2006) and child protection (Vis and Thomas 2009). Children often express frustration at this: "They still didn't listen and I started to go down there [to mum's] 'cos I had to in the end" (14-year-old boy with experience of family law proceedings, quoted in Douglas et al 2006, p. 96).…”

Section: "Due Weight" For Children's Views In Civil Law Proceedingsmentioning

confidence: 99%

“…Ninety percent of family law judges interviewed in Germany felt that meetings with children were "very" or "fairly" meaningful (Karle and Gathmann 2016), and 75% of judges interviewed in Michigan in the USA felt similarly positive (Clarke 2013). Many judges report that meeting with a child can lead to greater weight being accorded to their views (Morag et al 2012). It seems therefore that children's presence in civil law proceedings can change the dynamic in decision-making.…”

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confidence: 99%

Children’s Participation in the Justice System

Daly

Rap²

2018

International Human Rights of Children

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License: Article 25fa pilot End User Agreement This publication is distributed under the terms of Article 25fa of the Dutch Copyright Act (Auteurswet) with explicit consent by the author. Dutch law entitles the maker of a short scientific work funded either wholly or partially by Dutch public funds to make that work publicly available for no consideration following a reasonable period of time after the work was first published, provided that clear reference is made to the source of the first publication of the work. This publication is distributed under The Association of Universities in the Netherlands (VSNU) 'Article 25fa implementation' pilot project. In this pilot research outputs of researchers employed by Dutch Universities that comply with the legal requirements of Article 25fa of the Dutch Copyright Act are distributed online and free of cost or other barriers in institutional repositories. Research outputs are distributed six months after their first online publication in the original published version and with proper attribution to the source of the original publication. You are permitted to download and use the publication for personal purposes. All rights remain with the author(s) and/or copyrights owner(s) of this work. Any use of the publication other than authorised under this licence or copyright law is prohibited. If you believe that digital publication of certain material infringes any of your rights or (privacy) interests, please let the Library know, stating your reasons.

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Child Participation in the Family Courts--Lessons from the Israeli Pilot Project

Cited by 17 publications

References 7 publications

Different Views? Children's Lawyers and Children's Participation in Protective Proceedings in New South Wales, Australia

Different Views? Children's Lawyers and Children's Participation in Protective Proceedings in New South Wales, Australia

A scoping review of qualitative studies about children experiencing parental separation

Children’s Participation in the Justice System

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