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Children Who Resist Postseparation Parental ContactA Differential Approach for Legal and Mental Health Professionals$
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Barbara Jo Fidler, Nicholas Bala, and Michael A. Saini

Print publication date: 2012

Print ISBN-13: 9780199895496

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780199895496.001.0001

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Hearing the Voices of Children in Alienation Cases

Hearing the Voices of Children in Alienation Cases

Chapter:
(p.149) 8 Hearing the Voices of Children in Alienation Cases
Source:
Children Who Resist Postseparation Parental Contact
Author(s):

Barbara Jo Fidler

Nicholas Bala

Michael A. Saini

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199895496.003.0008

It is important for parents, professionals, and judges to consider children's perspectives and preferences about the arrangements for their care, but the stated wishes of a child are not determinative of the child's best interests or of the decisions to be made by parents or courts, even when expressed by an older child or adolescent. The opportunity to be heard is not equivalent to a right to make decisions. Further, the involvement of children should always be arranged in a way that is sensitive to their capacities and vulnerabilities. This chapter discusses children's stated wishes; children's right of participation; and methods for courts hearing the views and wishes of children.

Keywords:   children, courts, adolescents, care arrangements, best interests, right of participation

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