Children's participation and procedures at the office of the family advocate.
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Date
2004
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Abstract
Children's right to participate in judicial and administrative matters that affect
them is perhaps the most frequently overlooked children's right, globally. This
research was a descriptive study of what exists with regard to children's
participation, at the Office of the Family Advocate, when parents divorce.
The methods of data collection used included a content analysis (quantitative
method) a focus group interview (qualitative method) and review of the literature
and legislation. The content analysis involved analyzing the data of forty case
files involving disputed cases, according to a content analysis schedule. The
focus group interview was conducted with family advocates and family
counselors and focused on various factors that facilitate or impede children's
participation at the enquiry.
The data obtained was analyzed manually and presented in the form of pie
charts, tables, discussions and quotes. From the content analysis the researcher
found that most children had definite views regarding their future care. One of the
factors that hinder children's participation at the enquiry is the fact that not all
enquiries are conducted using the team approach. The research also indicates
that the adversarial nature of divorce proceedings impact negatively on children's
participation and a more conciliatory approach would prove more child-centered.
The focus group interview indicates that the professionals involved have positive
attitudes towards children's views and participation in the enquiry. Children's
expressed wishes are considered in conjunction with other factors such as the
bond between parent and child, and the suitability of the parent. The focus group
participants made various suggestions with regard to ensuring a more child centered
approach regarding children's participation. The researcher presented
the major findings, together with recommendations for future research at the end
of the study.
Description
Thesis (M.A.)-University of KwaZulu-Natal, Durban, 2004.
Keywords
Children--Legal status, laws, etc., Theses--Law.