The right of the child to be heard? Professional experiences of child care proceedings in the Irish District Court

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dc.contributor.author Parkes, Aisling
dc.contributor.author Shore, Caroline
dc.contributor.author O'Mahony, Conor
dc.contributor.author Burns, Kenneth
dc.date.accessioned 2017-01-27T10:13:35Z
dc.date.available 2017-01-27T10:13:35Z
dc.date.issued 2015-12
dc.identifier.citation Parkes, A.; Shore, C.; O'Mahony, C.; Burns, K. (2015). The Right of the Child to Be Heard: Professional Experiences of Child Care Proceedings in the Irish District Court. Child and Family Law Quarterly 27(4), 423-444. en
dc.identifier.volume 27 en
dc.identifier.issued 4 en
dc.identifier.startpage 423 en
dc.identifier.endpage 444 en
dc.identifier.issn 1358-8184
dc.identifier.uri http://hdl.handle.net/10468/3529
dc.description.abstract Article 12 of the United Nations Convention on the Rights of the Child 1989 provides that all children capable of forming views should have those views seriously considered in any decisions that affect them. Once expressed, the views of the child should be afforded due weight in accordance with his or her age and maturity. Every day in Ireland, decisions are made in the District Court concerning where a child will live and who they will live with in cases where their wellbeing is considered to be at risk. In such cases, the child's views should form a key component of the assessment of their best interests. This article presents the findings of a national empirical study which explores the individual perspectives of professionals who are directly involved in such proceedings. In particular, it aims to highlight the extent to which children are actually heard in such cases and whether the current legal framework and its practical implementation are Article 12-compliant. Based on professional experiences, the manner in which children are heard in practice in this adversarial setting will be explored with a view to reform. en
dc.description.sponsorship University College Cork (Strategic Research Fund, the School of Law Strategic Fund and the College of Arts, Celtic Studies and Social Science at University College Cork.) en
dc.format.mimetype application/pdf en
dc.language.iso en en
dc.publisher Jordan Publishing en
dc.relation.uri http://heinonline.org/HOL/Page?handle=hein.journals/chilflq27&g_sent=1&collection=journals&id=426
dc.rights © Jordan Publishing Limited 2015. Reproduced by permission of RELX (UK) Limited, trading as LexisNexis. This article has been accepted for publication in Child and Family Law Quarterly in Issue 4, Vol 27, Year 2015. The final published version of this article will be published and made publicly available on the Family Law website 24 months after its publication date, under a CC-BY-NC licence. en
dc.subject Article 12 UNCRC en
dc.subject Child care proceedings en
dc.subject Child participation en
dc.subject Children's rights en
dc.subject Adversarial en
dc.title The right of the child to be heard? Professional experiences of child care proceedings in the Irish District Court en
dc.type Article (peer-reviewed) en
dc.internal.authorcontactother Kenneth Burns, Applied Social Studies, University College Cork, Cork, Ireland. +353-21-490-3000 Email: k.burns@ucc.ie en
dc.internal.availability Full text available en
dc.date.updated 2016-11-29T16:05:37Z
dc.description.version Accepted Version en
dc.internal.rssid 323069319
dc.contributor.funder University College Cork en
dc.description.status Peer reviewed en
dc.identifier.journaltitle Child and Family Law Quarterly en
dc.internal.copyrightchecked No Unsure. We asked the publisher, they said they thought it was fine and were to come back to us but that was 12 months ago! !!CORA!! Yes. Email confirmation 28 Jan. 2017. Permission Certificate uploaded. en
dc.internal.licenseacceptance Yes en
dc.internal.IRISemailaddress k.burns@ucc.ie en


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