THE CHILDREN ACT 1989 AND THE VOICE OF THE CHILD IN FAMILY CONCILIATION

Over the past 10 years, there has been a rapid development of conciliation throughout Great Britain in matters relating to divorce and separation. The growth has been in terms of the accessibility of services as well as in the styles of conciliation practice offered. Throughout this period, the question of the involvement of children in conciliation has persisted as a key issue. Should children be involved at all, and if so, how should this involvement best be brought about? This article suggests that the change of philosophy regarding child law intended by the new Children Act 1989 will give considerable impetus to this debate and should lead to a clarification of the role of conciliation in allowing the voice of the child to be heard following divorce or separation.     

INVOLVING YOUTH IN THE DEPENDENCY COURT PROCESS: THE WASHINGTON STATE EXPERIENCE

In 2008, the Washington State legislature established a pilot program in four designated sites wherein youth ages twelve years and older had the right to (1) receive notice of all dependency hearings that involve them, (2) be present at such hearings, and (3) be heard personally. Pursuant to the legislation, upon request by the youth, the court participating in the pilot program is permitted to conduct an in‐chambers interview with the youth to determine his or her wishes regarding issues pending before the court. The legislation further required that the Administrative Office of the Courts and the Department of Social and Health Services collaborate in implementing and assessing the effectiveness of the program. This article details the development of the pilot program, its implementation, and evaluation results as of the date of this publication.     

IN THE BEST INTERESTS OF CHILDREN

In the traditional family law and child protection litigation where the court is asked to make determinations based on the best interests of a minor, the adversarial, rights-based model often fails to serve the interests of children and families and may be more harmful than beneficial to children relative to other possible methods of dispute resolution. This article examines the shortcomings of such an adversarial, rights-based model; briefly highlights the literature on dispute resolution systems design; and then proposes a new approach to better serve the interests of children in family law and child protection cases.