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Despite the widespread ratification of the United Nations Convention on the Rights of the Child, children continue to struggle to have their participation rights recognised and supported. This is evident within family law, where despite sometimes progressive and strong legislation, children's views are often not heard, nor given due weight, when parent-child contact is contested within the courts. This paper explores barriers to children's participation rights being realised. It uses Scotland as the example, due to its strong legal safeguards and mechanisms that aim to support participation rights. The paper draws on recent empirical research with legal professionals, combined with an analysis of reported case law and relevant literature, to explore the barriers 'on the ground' for children's participation rights. Through our analysis, we offer new ways to conceptualise the notion of influence in children's participation rights in family actions. We offer the conceptual devices of 'the influenced child' and 'the influential child' to elucidate how children's participation rights are restricted. [ABSTRACT FROM AUTHOR]

The UN Convention on the Rights of the Child (UNCRC) has now been in place for over thirty years and is widely ratified. However, as the UNCRC is operationalised, a number of practical, conceptual and ethical issues have emerged. For example, questions arise concerning children's capacity and competence to make autonomous decisions, their involvement in dispute resolution and the relationship between the rights of children and those of their parents. Particular challenges arise in realising the rights of younger children and those with significant disabilities. The papers in this special edition explore these issues in relation to the UK and the wider international context, and also in different fields of social policy. [ABSTRACT FROM AUTHOR]

Galvanised by the UN Convention on the Rights of the Child, many jurisdictions now recognise children’s rights to participate in decisions that affect them. While such legal rights have increased, research on family law proceedings shows how children’s views can still be undermined, ignored or not even sought in decisions about them. This article uses the academic resources of childhood studies, to consider dominant and alternative narratives of children’s participation within Scottish family law. Drawing upon reported case law and empirical research, the article concludes that children’s participation gains protection by being institutionalised but children’s participation is attenuated because it is not recognised as relational and contextual. As rationality, consistency and autonomy are privileged, the weight given to children’s views is lessened by concerns about children being manipulated or distressed. Courts and their decisions may be child-focused, centring on children’s welfare, but they are not child-inclusive, involving children in decision-making. [ABSTRACT FROM PUBLISHER]

Great emphasis is now placed on consulting, listening to and hearing the views of children and young people. The Children (Scotland) Act 1995, along with its parallel legislation the Children (Northern Ireland) Order 1995 and the Children Act 1989, were critical in establishing this principle in UK legislation. However, practical questions remain about how to consult children and young people effectively and consistently. This article is based on a close reading of the Scottish Act and its regulations and guidance, in order to ascertain when, where and how children's views are considered. While the Act makes a dedicated attempt to include principles and mechanisms for promoting responsiveness to children's views, the final result is a complicated collage that is not easily grasped, is not consistent in its processes for consulting children and which places different requirements on professionals (and parents) depending on the area of law. [ABSTRACT FROM AUTHOR]