- Children and the Law: An Introduction
- The Regulation of Reproduction and Best Interests Analysis
- When Does a Right to Life Arise?
- “Of Sound Mind and Body”: A Call for Universal Drug Screening for All Newborns
- Legislation In Search of “Good-Enough” Care Arrangements for the Child: A Quest for Continuity of Care
- Screening Potential Parents
- Procreation and Parenting
- The ART of Parentage
- Adoption Versus Alternative Forms of Care
- Children in Fragile Families
- Protection of the Health of Newborns: Whatever Happened to Baby Doe?
- Corporal Punishment and the Law in Global Perspective
- Addressing Childhood Trauma: Phenomena as a Roadmap to Response
- Disputes over Medical Treatment for Children
- Children’s Right to Privacy
- The Child Protection System
- Contested Child Protection Policies
- How Federal Laws Pertaining to Foster Care Financing Shape Child Welfare Services
- Equal Parenting Time: The Case for a Legal Presumption
- Relational Parents: When Adults Receive Rights in Children Because of Their Relationship with a Parent
- The Changing Landscape of Funding Public Elementary and Secondary Education in the United States
- School Accountability
- Race and Education: School Desegregation and Resegregation since <i>Brown</i> and Promising Avenues toward Integration
- Children’s Religious Freedom in State Schools: Exemptions, Participation, and Education
- The Supreme Court Has Spoken: The Potential Impact of Decisions Interpreting US Federal Statutes on the Education of Students with Disabilities
- Proposed Policies to Reduce Weapons in Schools: Based on Research from an Ecological Conceptual Model
- The Intersection between Schools and the Criminal Justice System
- Private School Regulation: Individual Rights and Educational Responsibilities
- Legislation and Religious Exemptions from Laws Protecting Children
- Considerations for Policymaking Affecting Adolescents in the Liberal Democracy
- Children and Juvenile Justice Law: The Possibilities of a Relational-Rights Approach
- Gender, Justice, and Youth Development
- Children’s Participation in Decisions about Parenting Arrangements
- Reforming Child Welfare
- The Promises and Pitfalls of Constitutionalizing Children’s Rights
Abstract and Keywords
This chapter explores the different ways that children can participate in custody and child protection cases. It is not only articulate older children and young people who ought to have an input into decisions. Children can “speak” in a variety of ways, and not only through words. To allow them to participate effectively, adults need to assist them through “scaffolding” their participation. Hearing the voice of the child also involves dilemmas. Children may not want to be involved for a variety of different reasons, some of which they may not feel free to disclose. The chapter concludes by offering four principles about how to hear from children in cases involving parenting arrangements.
TC Beirne School of Law, The University of Queensland
Law School, The University of Sydney
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