This article considers children’s right to participate in the context of private law disputes concerning their post-separation, day-to-day care and contact arrangements. In New Zealand the approach to ascertaining children’s views has been both long-standing and systematic for contested proceedings within the Family Court (via children’s legal representatives and judicial meetings with children). However, major reform of the family justice system in 2014 shifted the emphasis to new out-of-court processes for resolving post-separation parenting arrangements. The reforms were disappointingly silent on the issue of children’s participation in the new Family Dispute Resolution services, particularly mediation. A disparity has thus arisen between opportunities for children’s engagement in New Zealand’s in-court and out-of-court dispute resolution processes. Research evidence and international developments in Australia and England and Wales are reviewed for the guidance they can offer in remedying this in New Zealand and elsewhere.
Holtzworth-MunroeA.ApplegateA.G.D’OnofrioB. and BatesJ. “Child Informed Mediation Study (cims): Incorporating the Children’s Perspective into Divorce Mediation in an American Pilot Study” Journal of Family Studies2010 (16(2)) 116–129.
McIntoshJ. and LongC.Children Beyond Dispute: A Prospective Study of Outcomes From Child Focused and Child Inclusive Post-separation Family Dispute Resolution – Final Report (Canberra: Australian Government Attorney General’s Department2006).
McIntoshJ.LongC. and WellsY.Children Beyond Dispute: A Four Year Follow Up Study of Outcomes From Child Focused and Child Inclusive Post-separation Family Dispute Resolution. (Canberra: Attorney General’s Department2009).
MeltonG.Background for a General Comment on the Right to Participate: Article 12 and Related Provisions of the Convention on the Rights of the Child (prepared for use by the un Committee on the Rights of the Child September 2006).
RuddB.OgleR.Holtzworth-MunroeA.ApplegateA. and D’OnofrioB. “Child-informed Mediation Study Follow-up: Comparing the Frequency of Re-litigation Following Different Types of Family Mediation” Psychology Public Policy & Law2015 (21(4)) 452–457. doi: 10.1037/law0000046.
TaylorN.J.FitzgeraldR.MoragT.BajpaiA. and GrahamA. “International Models of Child Participation in Family Law Proceedings Following Parental Separation/Divorce” International Journal of Children’s Rights2012 (20(4)) 645–673. doi: 10.1163/15718182-55680006.