Citation

Birnbaum R, Bala N, Cyr F. Int. J. Law Policy Family 2011; 25(3): 398-422.

Copyright

(Copyright © 2011, The author(s), Publisher Oxford University Press)

DOI

10.1093/lawfam/ebr014

PMID

unavailable

Abstract

There is increasing recognition in law and social science research of the importance of having children participate in post-separation decision making, though there is not a clear consensus on how this should be done. This article reviews the social science literature about children's participation in the family justice process and presents results of a study in Ohio and Ontario with 32 children between 7-17 years of age, who either met with a judge, had a children's lawyer represent them, or spoke to a mental health professional in a custody evaluation. Themes focus on (i) what they remembered about their parents' separation and how they felt about it; (ii) how they found out about the plans that were made for their care; (iii) their level of involvement in decisions about their parents' post-separation arrangements; (iv) the plans for their care; (v) what they remembered about their participation in the family justice process; (vi) what they found helpful about the process, and what was not helpful; and (vii) what advice they would give to lawyers/social workers/judges who work with children and young adults to help others in similar circumstances. The authors conclude by challenging some of the myths that professionals have about the possible harms or problems with involving children in decision-making post-separation. Children should never be forced to participate or feel that they are making a choice between parents, but it is valuable for children to be given the opportunity to participate, including meeting with the judge, if that is what they want.

Language: en