Child-friendly Justice in Child Custody and Contact Cases after Parental Separation
An empirical-evaluative study of Belgian law and Flemish practice
Gebonden Engels 2023 1e druk 9789047301578Samenvatting
With a foreword by Bruno Vanobbergen, administrator-general of the Flemish Agency Growing-Up and former Flemish children's rights commissioner.
Nowadays, many children have to live with the repercussions of their parents’ decision to separate. Following that decision, arrangements on the children’s residence and visitation rights with a parent become necessary.
These arrangements are often made during a time of emotional tribulation, when children are struggling to find a new balance. Generally, parents turn to the legal system to handle their separation or to manage conflicts that arise. However, these legal proceedings can become very conflictual and although children are directly impacted by the decisions of courts, they are often shielded from the judicial procedure.
This results in children not knowing where they can turn to when they face problems. Therefore, child-friendly justice, which safeguards children’s needs and implements children’s rights, is sorely needed. In this book, the author drafted an evaluation framework with legal and sociopsychological principles to ensure that child custody and contact proceedings are child-friendly.
Thereafter, the specific Belgian legal situation and practice is evaluated. Unique insights are gained in the experiences and viewpoints of Flemish family judges and children. The book closes with detailed recommendations and is therefore a must-read for academic scholars, policy makers and professionals who wish to improve children’s lives.
Trefwoorden
Specificaties
Lezersrecensies
Inhoudsopgave
Chapter I Background to the study 3
Chapter II Research design 17
Chapter III Methodology 23
Chapter IV Structure of the research 37
Part II Theoretical angle
Chapter I Creating an evaluation framework on child-friendly justice in child custody and contact proceedings 41
Chapter II Child-friendly justice in Belgian child custody and contact law in theory and in practice 291
Part III Empirical angle
Chapter I Experiences and practices at Flemish family courts regarding child-friendly justice in child custody and contact proceedings 391
Chapter II Unveiling Flemish children’s experiences in the context of family breakdown 603
Part IV Evaluation and recommendations
Chapter I Evaluating the child-friendliness of Belgian law in books and in action in child custody and contact proceedings 697
Chapter II Recommendations to enhance child-friendly justice in child custody and contact proceedings 747
Part V Concluding remarks
Chapter I The importance of child-friendly justice 825
Chapter II Defining and implementing child-friendly justice in child custody and contact proceedings: the evaluation framework 827
Chapter III Child-friendly justice in Belgian child custody and contact law in theory and in practice 843
Chapter IV Evaluating Belgian child custody and contact proceedings in light of the requirements on child-friendly justice 871
Chapter V Enhancing child-friendly justice in child custody and contact proceedings in Belgium 881
Final impression: overcoming analysis paralysis 891
Annexes 893
Bibliography 903
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