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dc.contributor.authorMorrison, Fionaen_UK
dc.contributor.authorTisdall, E Kay Men_UK
dc.contributor.authorCallaghan, Jane E Men_UK
dc.description.abstractThe United Nations Convention on the Rights of the Child has catalysed numerous jurisdictions to introduce new legal provisions to support children’s participation rights when child contact is contested. Despite this, children’s participation is frequently limited in practice, especially in contexts where children are perceived as vulnerable to a parent’s manipulation, even if there are allegations of domestic abuse. While ‘resist and refusal dynamics’ have yet to become mainstream terms in Scottish family law, ‘manipulation’ has become a common concern in cases of contested contact. Drawing on a Scottish empirical study on contested child contact in circumstances of domestic abuse, we interrogate the implications that the concept of manipulation has for children’s participation rights. The study involved separate in-depth interviews with 18 children and their 16 mothers. Findings point to concerns about upholding children’s participation rights, particularly in cases where children were depicted as “influenced” or “manipulated.” Through our analysis, we disentangle the problems professionals have when concerns about child manipulation and domestic abuse intersect. We argue that, when combined, allegations of manipulation and domestic abuse present a significant and serious risk to children’s participation rights. We find the legal construction of the child’s views as separate from the parental dispute to have unintended and serious consequences for children’s participation rights. We offer ways in which law and practice may evolve to ensure children’s participation rights in these contexts are both implemented and upheld.en_UK
dc.relationMorrison F, Tisdall EKM & Callaghan JEM (2020) Manipulation and Domestic Abuse in Contested Contact - Threats to Children's Participation Rights. Family Court Review, 58 (2), pp. 403-416.
dc.rightsThis item has been embargoed for a period. During the embargo 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. This is the peer reviewed version of the following article: Morrison, F., Tisdall, E.K.M. and Callaghan, J.E.M. (2020), Manipulation and Domestic Abuse in Contested Contact – Threats to Children's Participation Rights. Family Court Review, 58: 403-416, which has been published in final form at This article may be used for non-commercial purposes in accordance with Wiley Terms and Conditions for self-archiving.en_UK
dc.subjectChild rightsen_UK
dc.subjectdomestic abuseen_UK
dc.subjectchild contacten_UK
dc.subjectfamily lawen_UK
dc.titleManipulation and Domestic Abuse in Contested Contact - Threats to Children's Participation Rightsen_UK
dc.typeJournal Articleen_UK
dc.rights.embargoreason[Morrison_first round edits FM11.2.pdf] Publisher requires embargo of 24 months after formal publication.en_UK
dc.citation.jtitleFamily Court Reviewen_UK
dc.type.statusAM - Accepted Manuscripten_UK
dc.contributor.funderEconomic and Social Research Councilen_UK
dc.contributor.affiliationSocial Worken_UK
dc.contributor.affiliationUniversity of Edinburghen_UK
dc.contributor.affiliationSocial Worken_UK
rioxxterms.apcnot requireden_UK
rioxxterms.typeJournal Article/Reviewen_UK
local.rioxx.authorMorrison, Fiona|0000-0001-6426-0408en_UK
local.rioxx.authorTisdall, E Kay M|en_UK
local.rioxx.authorCallaghan, Jane E M|0000-0002-5241-3398en_UK
local.rioxx.projectProject ID unknown|Economic and Social Research Council|
local.rioxx.filenameMorrison_first round edits FM11.2.pdfen_UK
Appears in Collections:Faculty of Social Sciences Journal Articles

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