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The Voice of a Child in Family Law Disputes$
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Patrick Parkinson and Judy Cashmore

Print publication date: 2008

Print ISBN-13: 9780199237791

Published to Oxford Scholarship Online: May 2009

DOI: 10.1093/acprof:oso/9780199237791.001.0001

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Towards a More Responsive Legal System

Towards a More Responsive Legal System

Chapter:
(p.189) 8 Towards a More Responsive Legal System
Source:
The Voice of a Child in Family Law Disputes
Author(s):

Patrick Parkinson

Judy Cashmore

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199237791.003.0008

This chapter presents a synthesis of the preceding chapters and draws out the implications for a more nuanced view of children's participation in terms of protecting children in participation rather than protecting them from participation. It argues that the way forward is to abandon the idea that children's best interests can be served by protection from participation, and to find ways of protecting them in participation. By reframing why it is that we want to hear the voices of children, and the issues on which children's views will most readily be sought, we can avoid the problem of placing them in the midst of loyalty conflicts and subjecting them to parental pressure and manipulation.

Keywords:   children, participation, child protection, parental pressure, parental manipulation

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