Practicability in ascertaining children’s views: superseding ‘the default position

Practicability in ascertaining children’s views: superseding ‘the default position

This paper considers the issue of ‘practicability’ in ascertaining the views of children in family proceedings with reference to the recent, and noteworthy, Scottish Inner House judgment of M v C. As each of the is UK nations contemplate more fully incorporating and implementing the UNCRC, it is arg...

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Bibliographic Details
Published in:The Journal of social welfare & family law 2021-10, Vol.43 (4), p.475-477
Main Author: Barnes Macfarlane, Lesley-Anne
Format: Article
Language:eng
Subjects:
Children
Family proceedings
Judiciary
Rights
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Summary:This paper considers the issue of ‘practicability’ in ascertaining the views of children in family proceedings with reference to the recent, and noteworthy, Scottish Inner House judgment of M v C. As each of the is UK nations contemplate more fully incorporating and implementing the UNCRC, it is argued that statutory provision alone does not guarantee children’s rights will be honoured in practice. How the judiciary interpret and balance the child’s Convention rights will be crucial.
ISSN:0964-9069
1469-9621