Family Law and the Construction of Childhood in England and Wales

McNamee, Sally; James, Adrian; James, Allison

doi:10.1057/9780230523197_13

Cited by 5 publications

(2 citation statements)

References 4 publications

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“…The UNCRC approach is closer to the proportionality one than the welfare principle. This does not mean that welfare in the domestic context is an 'all-inclusive' concept (McNamee et al, 2005). A checklist of key factors guide judges in the welfare principles.…”

Section: Standards Of Varying Intensity For Well-beingmentioning

confidence: 99%

Bettering the Best Interests of the Child Determination: Of Checklists and Balancing Exercises

Prabhat

Hambly

2017

The International Journal of Children’s Rights

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The paper compares European Court of Human Rights (ECtHR) and uk court judgments on cross-border nationality cases concerning children and wholly domestic family law cases regarding children (without the cross-border element). It identifies different legal standards that apply to the well-being of children such as the best interests principle and the welfare principle and maps how successful these standards are in bringing in the views of children. It appears that cross-border nationality cases are unable to consider the interests of children as seriously as the wholly domestic family law cases. The domestic court approach of welfare brings in children’s views more effectively than nationality cases in domestic courts or at the ECtHR. It would benefit children if a rigorous best interests determination is carried out in nationality proceedings and a welfare approach is adopted consistent with family law cases.

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Section: Standards Of Varying Intensity For Well-beingmentioning

confidence: 99%

Bettering the Best Interests of the Child Determination: Of Checklists and Balancing Exercises

Prabhat

Hambly

2017

The International Journal of Children’s Rights

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“…Second, the discourse of protectionism skilfully disguises a fundamental mistrust in children’s competence. Just as feminists exposed and challenged patriarchal discourses that once excluded women from the investigation of social life by asserting their lack of intellectual capacity or aptitude for research, similarly the assumption of childhood incapacity has been successfully challenged by studies that demonstrate children’s capacities for complex thought (see, for example, McNamee and others, 2005; Messenger Davies and Mosdell, 2005; Short, 1991). Research has demonstrated how ‘children from a surprisingly early age can understand basic elements of the research process and their role within if this information is presented in an age appropriate manner’ (Thompson, cited in Morrow and Richards, 1996: 95).…”

Section: Insights From the New Sociology Of Childhoodmentioning

confidence: 99%

Children as Peer Researchers: Reflections on a Journey of Mutual Discovery

Coppock

2010

Children &Amp; Society

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This article is based on a small-scale study evaluating the work of an emotional literacy project in the North West of England. It focuses on the research process and the challenging experience of involving children as peer researchers. The author draws on theoretical and epistemological insights from feminism and the sociology of childhood to explore some of the enduring tensions and contradictions facing adults involved in children's research. The primary intention is to use post-research reflections to raise questions and stimulate debate amongst children's researchers rather than offer solutions. Ó

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Reconceptualisation of Childhood for Promoting Justice in an Open Society

Lam

2012

Childhood, Philosophy and Open Society

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Family Law and the Construction of Childhood in England and Wales

Cited by 5 publications

References 4 publications

Bettering the Best Interests of the Child Determination: Of Checklists and Balancing Exercises

Bettering the Best Interests of the Child Determination: Of Checklists and Balancing Exercises

Children as Peer Researchers: Reflections on a Journey of Mutual Discovery

Reconceptualisation of Childhood for Promoting Justice in an Open Society

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