Implementing Children’s Participation Rights in Family Law and Child Welfare Court Proceedings

Family Advocate Model, used until the early 2000s, was based on the best interests guardian model, without the benefit of confidentiality, and with the lawyer standing in the shoes of the child and presenting the lawyer's views about best interests, not the child's. [...] Article 19 deals with children’s right to be protected from violence of all kinds in their “homes.” The UN Committee on the Rights of the Child is clear about the importance of participation in violence cases and states that the child’s right to be heard has particular relevance in violence situations and the participation right commences with very young children who are particularly vulnerable to. [...] The authors also question the narrow analysis of the ability of a child to seek a best interests declaration under the FLA that the conduct of a parent or guardian amounts to family violence and to request a Protection Order. [...] Graydon, the authors argue that these conclusions are contrary to the scheme and objects of the legislation, its clear language, the social and historical context of violence against children, and the provisions of the UNCRC. [...] Considerations in Relation to Marginalised Populations in Canada Securing the best interests of the child remains one of the core principles of the CRC, and the literature emphasises the overarching importance of this principle throughout the court process (CBA, 2020; Bala et.