Rights Of A Child Case Study

Children are just as human as adults and want their views to be considered when a decision is taken in their respect. Article 12 in the UN convention, Rights of the Child, states that children have all rights to express their view when decision made is affecting their lives (Birnbaum and Saini, 2012, p.405). But when it comes to deciding the custody of the child during a divorce, most of the time opinion of the child is not addressed. In recent years, there have been growing concerns about children 's participation in such custody proceedings. However, stakeholders have differing opinions on whether a child 's preference should be conveyed in the court or not. Some stakeholders have advocated against child’s participation in family law disputes

Cashmore and Parkinson (2009) state that around 90% of children want to have a say during the decision of their custody (p.19). This study included 90 parents, around 50 children and a number of professionals, and was based on the interview with the participant. Furthermore, children believe that it is important to be acknowledged and their involvement will help in making better decisions for their future arrangements (Birnbaum and Saini, 2012, p.405; Kelly, 2001, p.287). On contrary to the finding of the previous paragraph, even though children fear that their decision would affect feelings of their parents, it does not stop them from a desire to have a say (Graham et al., 2009,

As weight of children opinion increases so does the chances of being manipulated or pressurized by their parents (Warshak, 2003, p.375). In other words, decision of a child can truly be his own only if the child is not being manipulated by his parents during the decision making period. In addition, the study conducted by Cashmore and Parkinson (2009) states that half of the parent participant accepted that either they or their partner would have an influence on child if child’s opinion is considered (p.19). In support Birnbaum and Saini (2012) explain that some influence may be direct and obvious, such as engaging in conversation with the children in an attempt to convince them to the need to express a particular preference (p.406). Such direct attempt to manipulate a child might put the child in middle of parental conflict and can negatively impact children’s relationship with one or both parents, siblings and undermines child ability to keep healthy relationship with both parents. Furthermore a different study of Cashmore and Parkinson (2008) which involved interviewing children whose parents were getting divorce stated that even through children wanted to have a say in decision making process they were hugely scared by the outcome of their decision, and maintain their