Full Description
This topical and timely book considers children's participation rights in the context of family law proceedings, and how their operation can be improved for the benefit of children and family justice systems globally. In doing so, it provides the pedagogical reasoning for child participation, as well as a thorough analysis of the relevant human rights instruments in this area, including the United Nations Convention on the Rights of the Child.
This comprehensive book examines the way in which private international law instruments deal with child participation in separation/divorce, parental responsibility and child abduction proceedings. In addition, the book includes individual contributions from renowned family law experts from 17 countries who describe and analyse the local laws and exercise of child participation rights in their own jurisdictions. These insightful texts include the authors' views on the improvements needed to ensure that child participation rights are fully respected and implemented in the countries under review. A detailed comparative analysis follows which helpfully pinpoints both the key commonalities and differences in these global processes. Finally, the concluding chapter draws together the different perspectives revealed across the handbook, and identifies several key issues requiring further reflection from scholars, policy makers and family justice professionals.
The International Handbook on Child Participation in Family Law is a rich source of information and essential reading for all those working in this important and evolving field.
Contents
Introduction to the International Handbook (p. 1)
Nicola Taylor, Marilyn Freeman, Marielle Bruning, Wendy Schrama
PART I. CHILD PARTICIPATION: AN EVALUATIVE FRAMEWORK
Child Participation in International and Regional Human Rights Instruments (p. 11)
Child Participation in Family Law Proceedings: Pedagogical Insights on Why and How to Involve Children (p. 41)
PART II. CHILD PARTICIPATION IN PRIVATE INTERNATIONAL LAW
The Hague Conventions and EU Instruments in Private International Law (p. 67)
PART III. NATIONAL PERSPECTIVES
Australia (p. 87)
Belgium (p. 103)
Canada (p. 121)
China (p. 133)
Croatia (p. 143)
Denmark (p. 157)
England and Wales (p. 171)
Germany (p. 185)
Israel (p. 205)
Italy (p. 219)
The Netherlands (p. 231)
New Zealand (p. 245)
Norway (p. 259)
Romania (p. 273)
Scotland (p. 287)
South Africa (p. 303)
United States of America (p. 317)
PART IV. COMPARATIVE ANALYSIS
Child Participation in Family Law Proceedings Compared (p. 333)
Conclusion (p. 359)
