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International Models of Child Participation in Family Law Proceedings following Parental Separation / Divorce

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This article reports on the findings of a 2009 survey conducted under the auspices of the Childwatch International Research Network about how children’s participation rights, as set out in Articles 12 and 13 of the UNCRC, are respected in private family law proceedings internationally. Court-based and alternative dispute resolution processes and the roles of relevant professionals engaged in child-inclusive practices are considered, as well as religious, indigenous and customary law methods of engaging with children. The findings from the 13 participating countries confirm an increasing international commitment to enhancing children’s participation in family law decision-making, but depict a wide variety of approaches being used to achieve this. Case studies from Australia, India, Israel and New Zealand are included to illustrate differing models of children’s participation currently in use in decision-making processes following parental separation.

Affiliations: 1: a)Centre for Research on Children and Families, University of Otago, New Zealand, ; 2: b)Centre for Children and Young People, Southern Cross University, Australia, ; 3: c) Stricks Law School, College of Management Academic Studies Rishon Lezion Israel, Chair. Legislative Subcommitee on Children and their Families, Israeli CRC legislative Committee, ; 4: d) TATA Institute of Social Science, Mumbai, India, ; 5: e)Centre for Children and Young People, Southern Cross University, Australia,


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