THE VOICE OF THE CHILD IN DIVORCE, CUSTODY AND ACCESS PROCEEDINGS

Table of Contents

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• INTRODUCTION

• 1.0 THE CONCEPT OF CHILDREN'S RIGHTS

  • 1.1 The Emergence of the Notion of Children's Rights
  • 1.2 Child Liberationists and Child Protectionists:  Two Models
  • 1.3 Article 12 of the United Nations Convention on the Rights of the Child: The Right of Children to Have Their Views Heard

• 2.0 LEGAL REPRESENTATION FOR CHILDREN IN DIVORCE, CUSTODY AND ACCESS PROCEEDINGS

  • 2.1 Uncertainty Regarding the Appointment of Counsel for Children in Divorce, Custody and Access Proceedings
  • 2.2 Functions of the Child's Lawyer in Family Law Cases
  • 2.3 Jurisdiction to Appoint Independent Counsel for Children
  • 2.4 The Three Models of Legal Representation for Children
  • 2.5 Capacity of the Child to Instruct Counsel
  • 2.6 Solicitor/Client Privilege:  Confidential Communications Between the Child and Counsel
  • 2.7 Ensuring Quality Legal Representation for Children: Selection, Professional Training and Sources of Remuneration
  • 2.8 Code of Ethics for Lawyers

• 3.0 HEARING THE VOICE OF THE CHILD

  • 3.1 Arguments in Support of Allowing Children to Participate in Family Law Disputes
  • 3.2 Accommodation of Children
  • 3.3 Hearing the Voice of the Child
  • 3.4 Hearing the Child's Voice Through the Evidence of Third Parties-Hearsay Statements
  • 3.5 Judicial Interviews
  • 3.6 Child-Friendly Courtrooms and Court Preparation for Children

• 4.0 CONCLUSION AND RECOMMENDATIONS

• 5.0 BIBLIOGRAPHY

• ENDNOTES

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