This paper will assess how well children’s views are incorporated into child law decisions in England and Wales, specifically when a court is considering a care order, and whether there is any room for improvement.
Allowing children to express their views over decisions which greatly affect them is a principle that has grown substantially in the last several decades. However, the extent to which children can influence and participate in civil cases has been controversial. Both sociologists and legal scholars have been concerned whether allowing a child to articulate their views is truly in their best interest. Some believe that children cannot comprehend the importance of such life-altering decisions; whilst others argue that if children’s views were followed, it would challenge parental decisions and choices.
Inhaltsverzeichnis (Table of Contents)
- INTRODUCTION.
- INCORPORATION OF CHILDREN'S VIEWS
- Legislative Basis
- Guardian ad Litem.
- Approach of the Courts
- ROOM FOR IMPROVEMENT
- Younger Children.
- Desirability of the Child's Involvement..
- Lack of Information
- CONCLUSION.
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This paper examines the incorporation of children's views into legal decisions in England and Wales, particularly in relation to care orders. It assesses the effectiveness of existing legislation and practices, while exploring the potential for improvement.
- The legal framework for incorporating children's views in care proceedings
- The role of the guardian ad litem in safeguarding the child's interests
- The balance between children's wishes and their best interests
- Challenges and limitations in ensuring effective child participation
- The impact of children's age, understanding, and vulnerability on their involvement in decision-making.
Zusammenfassung der Kapitel (Chapter Summaries)
The Introduction outlines the increasing recognition of children's rights to express their views in decisions affecting them, particularly in the context of child law. It highlights the importance of listening to children and the development of legal frameworks to ensure their participation.
The section on "Incorporation of Children's Views" delves into the legislative basis for incorporating children's views, focusing on the Children Act 1989 and the Family Law Act 1996. It discusses the statutory requirement for a guardian ad litem to be appointed to represent the child's interests in care proceedings.
The chapter on "Room for Improvement" examines the challenges in effectively incorporating children's views, particularly concerning younger children, the influence of parental pressure, and the potential for children to be underrepresented or manipulated.
Schlüsselwörter (Keywords)
This paper examines key concepts in child law, focusing on the incorporation of children's views, the guardian ad litem role, and the balance between children's wishes and their best interests. It also explores themes of child participation, vulnerability, and manipulation in the context of care proceedings. The analysis is grounded in legal scholarship and relevant case law.
Frequently Asked Questions
How are children's views incorporated into legal decisions in the UK?
In England and Wales, the Children Act 1989 and the Family Law Act 1996 provide the legislative basis for courts to consider a child's wishes and feelings in care proceedings.
What is the role of a "guardian ad litem"?
A guardian ad litem is appointed by the court to safeguard the interests of the child and ensure their views are heard during legal proceedings, such as care orders.
What are the challenges in involving younger children in legal decisions?
Younger children may lack the maturity to comprehend life-altering decisions, and there are concerns about their vulnerability to parental pressure or manipulation.
Does the court always follow the child's wishes?
Not necessarily. The court must balance the child's wishes with their "best interests," which may lead to decisions that differ from what the child articulated.
Is there room for improvement in the current UK system?
The paper suggests that improvements are needed regarding the weight given to younger children's views and better protection against external influence during the process.
- Quote paper
- Samar Dehghan (Author), 2011, Incorporation of Children's Views in Legal Decisions in the UK, Munich, GRIN Verlag, https://www.grin.com/document/371878
