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The right to be seen as well as heard Contemplating the direct involvement of children young people in family proceedin

Introduction. The context ? FJC PaperThe legal frameworkCurrent practiceProposals for practice. What's behind all of this?. Discourses and constructions of childhoodQuestions about the system and practitionersThe participation agenda ? children's rights and children's agency. Research, commen

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The right to be seen as well as heard Contemplating the direct involvement of children young people in family proceedin

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    1. Ann Potter Senior Lecturer Manchester Metropolitan University The right to be seen as well as heard? Contemplating the direct involvement of children & young people in family proceedings

    2. Introduction The context FJC Paper The legal framework Current practice Proposals for practice

    3. Whats behind all of this? Discourses and constructions of childhood Questions about the system and practitioners The participation agenda childrens rights and childrens agency

    4. Research, commentary & case law Children as witnesses Judges interviewing children The role of the FCA Perspectives on participation Childrens perceptions of participation and decision making

    5. Challenges and assumptions Wishes and feelings an objective truth? Interpretive filters Childrens rights and the welfare principle: myths around agency and decision making? Practical challenges: courtrooms and judges chambers as children's spaces

    6. Effective Practice & the participation agenda Clarity of purpose Creativity Conscious awareness of the influences of ideology & dominant discourses Participatory research

    7. References & Further Reading Ang, F., Berghmans, E., Cattrijsse, L., Delens-Ravier, I., Delplace, M., Staelens, V., Vandewiele, T., Vandresse, C. & Verheyde, M.; 2006; Participation Rights of Children; Antwerpen-Oxford: Intersentia Archard, D.; 2003; Children, Family & the State; Ashgate Publishing Ltd Crichton, N; 2006; Newsline: Childrens Involvement in Court; in Family Law Vol 36: 170 (2) Crichton, N; 2006; Listening to Children; in Family Law Vol 36: 849 Davis, L.; 2007; In Practice: Children in Court; in Family Law Vol 37: 65 Family Justice Council (Voice of the Child Sub-Group); March 2008; Enhancing the Participation of Children and Young People in Family Proceedings: Starting the Debate; www.family-justice-council.org.uk Hale, B.; The Voice of the Child; International Family Law Journal [2007] IFL 171 Invernizzi, A & Williams, J; 2008; Children & Citizenship; Sage Lowe, N.; 2001; Childrens Participation in the Family Justice System Translating Principles into Practice; in Child and Family Law Quarterly Vol 13: 137

    8. References & Further Reading (cont.) Macdonald, A.; The Voice of the Child: Still a Faint Cry?; Family Law [2008] 648 Marshall, K.; 1997; Childrens Rights in the Balance: The Participation-Protection Debate; Edinburgh: The Stationery office Parkinson, P., Cashmore, J. & Single, J.; Parents and Childrens Views on Talking to Judges in Parenting Disputes in Australia; International Journal of Law, Policy & the Family [2007] 21 (84) Parkinson, P. & Cashmore, J.; Judicial Conversations with Children in Parenting Disputes: The Views of Australian Judges; International Journal of Law, Policy & the Family [2007] 21 (160) Raitt, F.; 2004; Judicial Discretion and methods of Ascertaining the Views of a Child; in Child and Family Law Quarterly Vol 16: 151 Raitt, F.; 2007; Hearing children in family Law proceedings: can judges make a difference?; in Child and Family Law Quarterly Vol 19: 204 Raitt, F.; 2007; Robust and Raring to Go? - Judges Perceptions of Child Witnesses; in Journal of Law & Society Vol 34:4 pp465-488

    9. References & Further Reading (cont.) Roche, J.; 2002; The Children Act 1989 and childrens rights: A critical reassessment; in Franklin, B (Ed); The New Handbook of Childrens Rights: Comparative Policy and Practice; Routlegde Speech of Judge Peter Boshier; The Inaugural International Family Justice Lecture; London 3rd June 2008; www.justice.govt.nz/family/publications/speeches Speech of Sir Mark Potter President of the Family Division; The Voice of the Child: Childrens Rights in Family Proceedings; Israel 4th May 2008; www.judiciary.gov.uk/docs/speeches Timms, J. & Thoburn, J.; 2003; Your shout! A survey of the views of 706 Children & Young People in Public Care; London: NSPCC Timms, J., Bailey, S. and Thoburn, J.; 2007; Your shout too! A survey of the views of children and young people involved in court proceedings when their parents divorce or separate; London: NSPCC

    10. Selected Case Law B v B (Minors) (Interviews and Listing Arrangements) [1994] 2 FLR 489 Gillick v West Norfolk and Wisbech Area Health Authority [1986] AC 112 LM (By her Guardian) v Medway Council, RM & YM [2007] EWCA Civ 9, [2007] 1 FLR 1698 Mabon v Mabon [2005] EWCA Civ 634 Re M ( A Child) (Care Proceedings: Witness Summons) [2007] EWCA Civ 9 Re O & ANOR (Children: Care Proceedings Evidence) [2003] EWHC 2011 (Fam) Re P (A Minor) (Witness Summons) [1997] 2 FLR 447 Re R (A Minor) (Residence: Religion) [1993] 2 FLR 163, CA R v B County Council & , ex parte P [1991] 2 All ER 65

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