Children and Divorce

This chapter explores the ways in which the law positions children caught up in divorce. The liberationist position is that adult rights should be extended to children of all ages. Those writing from within the liberationist position argue that children lose out as a result of the firm separation of child from adult and that the justifications for the ‘dividing line’ between adulthood and childhood do not stand up to scrutiny. Today much writing on children’s rights places emphasis on their participation in decisions which are going to have a major impact in their lives; to talking with them and listening to what they have to say and respecting, and at times acting on, their self-defined interests and needs. Some writing is explicitly hostile to the children’s rights project on the basis that it undermines the integrity of the family

Psychoanalysis · Ethics and Legal Issues in Pediatric Healthcare · Family Dynamics and Relationships · Multicultural Socio-Legal Studies · Psychology

• Dialogues with Children

  Open Access•Bren Neale•Childhood•2002

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• The voice of the child in family law

  Open Access•Shan Holt•Children and Youth Services Review•2016

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• The idealised post-separation family in Australian family law

  Amanda Shea Hart, Dale Bagshaw•Journal of Family Studies•2008

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