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Title: Children's Participation in Court Proceedings when Parents Divorce or Separate: Legal Constructions and Lived Experiences
Author(s): Tisdall, E Kay M
Morrison, Fiona
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Editor(s): Freeman, M
Citation: Tisdall EKM & Morrison F (2012) Children's Participation in Court Proceedings when Parents Divorce or Separate: Legal Constructions and Lived Experiences. In: Freeman M (ed.) Law and Childhood Studies. Current Legal Issues, 14. Oxford: Oxford University Press, pp. 156-173.
Keywords: Scotland
Scottish law
children's participation
family law
family court proceedings
case law
Issue Date: 31-Dec-2012
Series/Report no.: Current Legal Issues, 14
Abstract: Children's participation generally-and children's participation in court proceedings when their parents divorce or separate specifically-has gained considerable policy and practice prominence. In 1995, the Children (Scotland) Act was passed; it was the most radical, across UK children's legislation, in specifying the requirement for children's participation. The 1995 Act remains the foundation of current Scottish family law, with certain amendments in regards to contested contact. In 1999, the then Scottish Executive commissioned the first study on the relevant provisions. The study analysed all related legislation and guidance, reported case law up until 2001, and undertook a feasibility study on investigating children's experiences of their participation. This chapter explores whether progress has been made since the study was undertaken. After summarizing the relevant legal provisions, an updated review of reported case law is undertaken. It then presents provisional findings from research with children about their participation in the contested area of child contact where there is a history of domestic abuse. The analysis concentrates particularly on the processes of participation and the 'weight' given to children's views, with accompanying consideration of how children and childhood are constructed within these.
Rights: The publisher does not allow this work to be made publicly available in this Repository. Please use the Request a Copy feature at the foot of the Repository record to request a copy directly from the author. You can only request a copy if you wish to use this work for your own research or private study.
DOI Link: 10.1093/acprof:oso/9780199652501.003.0011

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