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Respecting children's participation in family law proceedings Nicola Taylor, Pauline Tapp and Mark Henaghan

By: Taylor, Nicola.
Contributor(s): Tapp, Pauline | Henaghan, Mark.
Material type: materialTypeLabelArticleSeries: International Journal of Children's Rights.Publisher: Brill Online, 2007Subject(s): CHILDREN'S RIGHTS | CONTACT | FAMILY COURT | FAMILY LAW | JUSTICE | SEPARATION | NEW ZEALANDOnline resources: Read abstract In: International Journal of Children's Rights, 2007, 15(1): 61-82Summary: Ascertaining children’s wishes/views in family law proceedings is a well-established statutory principle in cases concerning their guardianship, day-to-day care and contact in New Zealand. However, the legal system has traditionally been uncomfortable with the prospect of dealing directly with children in such cases. Their views, when sought, have been interpreted and filtered via a range of different professionals, fairly late in the overall process after conciliation services have failed to help parents reach agreement. Furthermore, they have been easily discounted within the Family Court through the application of ‘age and maturity’ criteria, and prevailing assumptions about what adults think is in children’s welfare and best interests. (Authors' abstract). Record #5936
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International Journal of Children's Rights, 2007, 15(1): 61-82

Ascertaining children’s wishes/views in family law proceedings is a well-established statutory principle in cases concerning their guardianship, day-to-day care and contact in New Zealand. However, the legal system has traditionally been uncomfortable with the prospect of dealing directly with children in such cases. Their views, when sought, have been interpreted and filtered via a range of different professionals, fairly late in the overall process after conciliation services have failed to help parents reach agreement. Furthermore, they have been easily discounted within the Family Court through the application of ‘age and maturity’ criteria, and prevailing assumptions about what adults think is in children’s welfare and best interests. (Authors' abstract). Record #5936