Gathering Perspectives on Expert Approaches to the Capacity and Rights of Children: Working to Inform a Capacity Assessment Tool for Children to Participate in Family Law Proceedings

Abstract

Within the setting of custody and access proceedings, when children participate, the involvement of various professionals is often required. This article aims to gather the opinions, and expertise of 11 legal and child development professionals in regards to the current model of the participation of children in custody and access proceedings. Two separate interview guides were conducted with individuals who identified as either legal or social science professionals in order to establish any differences in opinions or experiences within the family law setting. Further, the qualitative interviews conducted with these professionals aimed to gather expert opinions surrounding the capacities of children and the possibility of measuring the capacity of children to meaningfully participate in custody and access proceedings. Additionally, this research aims to gather expert opinions from both disciplines in order to assess if an interdisciplinary approach to meaningful child participation in custody proceedings is advisable or possible. The research gathered themes in regards to current gaps in practice, opportunity for transdisciplinary approaches, child centered methods of assessment, best interests, capacities and rights of children gathered from the professional perspectives and experiences of each participant.