The Voice of the Child in Family Law Disputes

Hardcover | December 18, 2008

byPatrick Parkinson, Judy Cashmore

not yet rated|write a review
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 intoaccount, and that the weight given to those views should depend on children's 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 topressure 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 that children canbetter 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.

Pricing and Purchase Info

$67.87 online
$115.50 list price (save 41%)
Ships within 1-3 weeks
Ships free on orders over $25

From the Publisher

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 combinati...

Patrick Parkinson is Professor of Law at the University of Sydney, specializing in family law. He served from 2004-2007 as Chairperson of the Family Law Council, an advisory body to the Australian federal Attorney-General and is Editor of the Australian Journal of Family Law. Judy Cashmore is Associate Professor in the Faculty of Law ...

other books by Patrick Parkinson

Family Law and the Indissolubility of Parenthood
Family Law and the Indissolubility of Parenthood

Kobo ebook|Feb 21 2011

$29.39 online$38.06list price(save 22%)
Format:HardcoverDimensions:200 pages, 9.21 × 6.14 × 0.1 inPublished:December 18, 2008Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199237794

ISBN - 13:9780199237791

Look for similar items by category:

Customer Reviews of The Voice of the Child in Family Law Disputes

Reviews

Extra Content

Table of Contents

1. The debate about children's voices2. The research3. Ways of hearing the voice of the child4. The voice of the child in reaching and changing arrangements5. Parents' and children's views of children's participation6. Professionals' views of children's participation7. Judicial conversations with children8. Towards a more responsive legal system