"A child is, after all, a child": ascertaining the ability of children to express views in family proceedings

Barnes, L.-A. (2008) "A child is, after all, a child": ascertaining the ability of children to express views in family proceedings. Scots Law Times, 2008(18), pp. 121-127.

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Abstract

This, the second of a two part article, discusses the legal framework relating to a child's opportunity to participate in Scottish family proceedings. Looks at relevant international provisions, notably the UN Convention on the Rights of the Child 1989 art.12. Outlines relevant domestic provisions including the Children (Scotland) Act 1995, the Family Law (Scotland) Act 2006 and the Age of Legal Capacity (Scotland) Act 1991. Considers, in the context of ascertaining a child's ability to express a view, scenarios pertaining to: (1) the manipulated or unduly influenced child; (2) the disturbed child; (3) the child affected by disability; and (4) the underage child.

Item Type:Articles
Status:Published
Refereed:Yes
Glasgow Author(s) Enlighten ID:Barnes Macfarlane, Dr Lesley-Anne
Authors: Barnes, L.-A.
College/School:College of Social Sciences > School of Law
Journal Name:Scots Law Times
Publisher:Sweet and Maxwell
ISSN:0036-908X

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