Part Two – Practical Guide/Checklist: Implementing Children’s Participation Rights in All Family Court Proceedings
Coherent Identifier 20.500.12592/qws5dn

Part Two – Practical Guide/Checklist: Implementing Children’s Participation Rights in All Family Court Proceedings

12 March 2023

Summary

Instead, it can: o enable children to be more involved and connected with the proceedings; o ensure that the judge has understood the views and feelings of the child; and o ensure that child understands the judge’s task and the nature of the court process. [...] SAFEGUARD FIVE: JUDICIAL AND OTHER DECISION-MAKING (LEGAL REASONING) - INCLUDING HOW TO ASSESS THE WEIGHT TO BE ATTACHED TO A CHILD’S VIEWS THE DECISION-MAKING PROCESS – GIVING DUE WEIGHT TO A CHILD’S VIEWS o Consider each of these statements from the UN Committee on the Rights of the Child: o The views of the child must be seriously considered when the child is capable of forming her/his/their ow. [...] o Consider the impact on the child; the greater the impact of the outcome on the child’s life, the more relevant the appropriate assessment of the maturity of that child. [...] Legal Information o Consider the following legal information, which would benefit children in court processes: o their legal rights generally; o their rights to participate and the choices available; o the way the court processes work; and o the role of the judge. [...] o Once the court’s decision is provided, a lawyer can also: o explain the decision to the child; o review the ultimate decision for correctness; o recommend appealing the decision if appropriate; and o conduct the appeal.

Pages
6
Published in
Canada