Promoting positive perceptions of justice by listening to children’s sentiment in custody decisions

Abstract

When making custody decisions, judges typically rule on the basis of what is in the best interests of the children. The best interests of the child standard could include many factors such as considering children’s sentiment. However, judges tend to limit the amount of children’s participation in custody cases. This can affect children’s level of satisfaction with and adjustment to custody decisions, and their perceptions of justice and fairness. Therefore, comprehensive training standards for legal professionals should document how to obtain children’s wishes, judges should solicit sentiment from children of any age who want to share their custodial preferences, and children should receive education on court roles and proceedings. Proper procurement of children’s sentiment in custody decisions can help promote principles of procedural justice and therapeutic jurisprudence, generating perceptions of the legal system as a legitimate authority.