Hearing the 'voice of the child' in divorce cases
Dispute resolution is continually seeking to evolve as public policy and society changes. This is no more true than in family resolution cases, where the needs and capabilities of children concerned can be considered paramount.
We are experienced and able to offer child inclusive mediation, including direct consultation with children, where the parents wish and agree.
In 1999, Smart, Wade and Neale argued that children have much to provide to the discussion about divorce and family change such as what it is like, how to cope and what it means to them. Children have the right to a ‘voice:’ to make decisions and have opinions on the issues most affecting them.
When parents separate or divorce, decisions have to be made that will have significant impacts on their children. Finding ways to include children’s participation in those decisions is often referred to as promoting “the voice of the child”.
In the past children were viewed as objects of concern. They were not seen as having the insight, capacity or capability to participate in family law matters. They were seen as being caught in disputes between parents or victims of parental conflict; mostly in need of protection. Now we see the child as having an opinion or take on the issues discussed, such as living arrangements, or contact.
Speaking and considering the child’s opinion in the process is known as Child-inclusive mediation.