The Voice of the Child in Private Family Law Proceedings: A Comparative Review

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The Voice of the Child in Private Family Law Proceedings: A Comparative Review

Published 2023

Photo of cover of report

Contributors

Author: Professor Conor O’Mahony, Liam O’Driscoll

Publisher: University College Cork

Date: 2023

Geographic Coverage: Ireland, England and Wales, Australia, New Zealand, Ontario, and Germany

Type of Resource: Report

Sector/setting: Academia, Law

Vulnerable groups: Children

Developed with children and young people? No

Type of participation: Legal Proceedings

Availability: Open Access

Keywords: Child, Child’s Rights, Family Law, Law

Introduction

This comparative review reports on the outcomes of a phase 1 of a research project being undertaken by the Child Law Clinic at University College Cork that will examine the effectiveness of arrangements for ascertaining the views of children in private family law proceedings in Ireland. The purpose of the comparative review is to provide an insight into the processes and structures for the ascertaining the views of children in private family law proceedings in six jurisdictions (Ireland, England and Wales, Australia, New Zealand, Ontario, and Germany), with a view to identifying common challenges, the strengths and weaknesses of different approaches, and variations in law and practice. The review begins by setting out the provisions for the inclusion of the voice of the child in private family law proceedings under international law, before delving into the approaches of the various jurisdictions.