Citation

Cashmore J, Parkinson P. Fam. Court Rev. 2008; 46(1): 91-104.

Copyright

(Copyright © 2008, Association of Family and Conciliation Courts, Publisher John Wiley and Sons)

DOI

10.1111/j.1744-1617.2007.00185.x

PMID

unavailable

Abstract

This article outlines the views of children and parents involved in family law disputes, about the need for and appropriateness of children's participation in decisions regarding residence and contact arrangements. Ninety parents and 47 children (ranging in age from 6 to 18 years) who had been through parental separation, were interviewed. Both parents and children had a range of views about the general appropriateness and fairness of children being involved, but the great majority, particularly of parents, thought that children should have a say in these matters. Core findings of the study include the considerable influence that older children had over the arrangements either in the aftermath of the separation or in making further changes over time, and the higher stated need of children who had experienced violence, abuse, or high levels of conflict to be heard than those in less problematic and noncontested matters. Parents involved in contested proceedings supported the participation of children at a younger age than those who were not. There was a reasonable degree of agreement between parents and children about the need for children to be acknowledged and the value of their views being heard in the decision-making process. Parents, however, expressed concern about the pressure and manipulation that children can face and exert in this process, whereas children were generally more concerned about the fairness of the outcomes, and maintaining their relationships with their parents and siblings.