Please use this identifier to cite or link to this item: http://hdl.handle.net/1893/32484
Appears in Collections:Faculty of Social Sciences Journal Articles
Peer Review Status: Refereed
Title: Challenging undue influence? Rethinking children's participation in contested child contact
Author(s): Tisdall, E Kay M
Morrison, Fiona
Warburton, Judy
Contact Email: f.morrison@stir.ac.uk
Keywords: Children
family law
contact
views
children’s participation
children’s rights
Issue Date: 2021
Date Deposited: 29-Mar-2021
Citation: Tisdall EKM, Morrison F & Warburton J (2021) Challenging undue influence? Rethinking children's participation in contested child contact. Journal of Social Welfare and Family Law, 43 (1), pp. 8-22. https://doi.org/10.1080/09649069.2021.1876305
Abstract: Despite the widespread ratification of the United Nations Convention on the Rights of the Child, children continue to struggle to have their participation rights recognised and supported. This is evident within family law, where despite sometimes progressive and strong legislation, children’s views are often not heard, nor given due weight, when parent-child contact is contested within the courts. This paper explores barriers to children’s participation rights being realised. It uses Scotland as the example, due to its strong legal safeguards and mechanisms that aim to support participation rights. The paper draws on recent empirical research with legal professionals, combined with an analysis of reported case law and relevant literature, to explore the barriers ‘on the ground’ for children’s participation rights. Through our analysis, we offer new ways to conceptualise the notion of influence in children’s participation rights in family actions. We offer the conceptual devices of ‘the influenced child’ and ‘the influential child’ to elucidate how children’s participation rights are restricted.
DOI Link: 10.1080/09649069.2021.1876305
Rights: This 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 an Accepted Manuscript version of the following article, accepted for publication in Journal of Social Welfare and Family Law. Tisdall EKM, Morrison F & Warburton J (2021) Challenging undue influence? Rethinking children’s participation in contested child contact. Journal of Social Welfare and Family Law, 43 (1), pp. 8-22. https://doi.org/10.1080/09649069.2021.1876305. It is deposited under the terms of the Creative Commons Attribution-NonCommercial License (http://creativecommons.org/licenses/by-nc/4.0/), which permits non-commercial re-use, distribution, and reproduction in any medium, provided the original work is properly cited.
Licence URL(s): http://creativecommons.org/licenses/by-nc/4.0/

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