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Childhood and family law : the rights and views of children Taylor, Nicola J.; Smith, Anne B.; Tapp, Pauline

By: Contributor(s): Material type: TextTextPublication details: Dunedin University of Otago Childrens Issues Centre 2001Description: 78 p. ; 30 cmISBN:
  • 0958359571
Subject(s): DDC classification:
  • 346.93017 CHI
Summary: This paper explores the implications of parental separation and how this affects children in the context of care and contact. It challenges implicitly held views within family law which are believed to be based on social science research and knowledge. In particular, two assumptions are explored. The first concerns children's competence in their involvement in family and legal decision-making. It sees children as incompetent in terms of discussing and making decisions around care and contact matters. The other assumption, which is largely based on attachment theory, concerns the view that children should maintain relationships with both parents after parental separation because not do so will be harmful. The paper discusses recent theoretical perspectives and research in its critical examination of these assumptions. The perspective of the authors reflects the theoretical shift in research that has gone from seeing children as passive victims of harmful experiences to one of viewing them as social actors with a voice capable of coping in their families. It is concluded that the focus of the child and the child's perspective is paramount when decisions around care and contact are being made.
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Bibliography p. 67-73.

This paper explores the implications of parental separation and how this affects children in the context of care and contact. It challenges implicitly held views within family law which are believed to be based on social science research and knowledge. In particular, two assumptions are explored. The first concerns children's competence in their involvement in family and legal decision-making. It sees children as incompetent in terms of discussing and making decisions around care and contact matters. The other assumption, which is largely based on attachment theory, concerns the view that children should maintain relationships with both parents after parental separation because not do so will be harmful. The paper discusses recent theoretical perspectives and research in its critical examination of these assumptions. The perspective of the authors reflects the theoretical shift in research that has gone from seeing children as passive victims of harmful experiences to one of viewing them as social actors with a voice capable of coping in their families. It is concluded that the focus of the child and the child's perspective is paramount when decisions around care and contact are being made.

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