Children's Protection and Participation in Family Law

Dear Colleagues,

Legislative, policy and academic activity in family law jurisdictions across the globe have emphasised the importance of children’s right to participate in decisions that affect their lives. Yet efforts to support this right often contend with a powerful, persistent and unwavering focus on protecting children from the potential harms of being involved in parental conflict.

Research in this area has found that children’s participation in the assessment of their best interests can produce more well-informed and appropriate family law decisions; enhance compliance with family court orders; and promote children’s empowerment and capacity for independent decision-making. Yet studies also point to challenges associated with involving children in family law disputes, framed around concerns about vulnerability, burden, wellbeing and safety, which are heightened in circumstances of family violence or domestic abuse.  

This Special Issue, titled “Children’s Protection and Participation in Family Law”, provides a platform to explore the full range of issues that emerge in this ongoing tension between protection and participation. It seeks to understand the evolving landscape, including the supportive factors shaping, and barriers impeding, children’s participation in family law decision-making processes. It questions whether, and how, the dominant ‘protectionist’ perspective might be transformed to ensure children who wish to have a say in decisions made about their lives following parental separation can participate in those processes.

Contributors are encouraged to discuss the complex issues surrounding the protection/participation dichotomy, but also to share their insights on how legislators, decision-makers and professional actors operating in the family law jurisdiction may be supported to successfully navigate this tension. This includes research on approaches and models that chart a safe, trauma-informed, child-centered, rights-focused and collaborative pathway forward.

Contributors are invited to share manuscripts on a wide range of topics, including but not limited to:

• Empirical, doctrinal, theoretical and lived experience manuscripts on issues relevant to children’s participation in, and protection from, decision-making in family law processes following parental separation.
• Examinations and reviews of existing legal and policy frameworks in international family law jurisdictions on children’s participation and protection, including commentary on their implementation; challenges and successes; and ideas for reform.
• Forward-looking, workable and child-centred approaches to support successful navigation of the participation/protection tension, including examples from international family law jurisdictions and solutions underpinned by principles of child rights and multi-disciplinary collaboration.

I look forward to receiving your contributions.

Dr. Georgina Dimopoulos
Guest Editor

Manuscript Submission Information

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• family law
• child rights
• participation
• voice
• family violence
• domestic abuse
• protection