Role and Responsibilities of Counsel for the Child in Alberta: A Practitioner's Perspective and a Response to Professor Bala

2015 ◽  
Author(s):  
Dale Hensley
Keyword(s):  
Child Protection ◽  
Family Law ◽  
Best Interests ◽  
Legal Systems ◽  
Amicus Curiae ◽  
Policy Makers

The representation of children and the role and responsibilities of counsel have recently become topics of discussion in Alberta. This dialogue includes consideration of whether, and in what situations, acting as a best-interests advocate, an amicus curiae, or a traditional advocate best meets the goal of reaching an outcome that serves the best interests of a child whose parents are engaged in family law and child protection disputes. This article proposes that the most appropriate role for counsel who represent children becomes obvious once the societal motivation for having such representation is clarified. In particular, counsel's role depends on whether children are accepted as rights-bearers, which also impacts the interpretation of statutory language, particularly "interests" and "best interests." and the test for capacity to instruct counsel. This analysis rejects Professor Bella's proposal that counsel should advocate their own opinions of the child's best interests because such an approach exceeds the training and expertise oflawyers and is not supported by current legal systems. The author joins Professor Bala in urging decision- and policy-makers to develop a coherent child representation program to address these and related issues. 

The Best Interests of the Child

2020 ◽  
pp. 203-221
Author(s):  
Wouter Vandenhole ◽  
Gamze Erdem Türkelli
Keyword(s):  
Human Rights ◽  
Family Law ◽  
Children's Rights ◽  
Case Law ◽  
Children’S Rights ◽  
Best Interests ◽  
Rights Of The Child ◽  
European Court ◽  
Elusive Concept

The best interests of the child principle is considered a pillar of children’s rights law and, according to the UN Convention on the Rights of the Child (CRC), is to be a primary consideration in all actions concerning children. Yet best interests is an elusive concept and principle that has no single authoritative definition or description. Internationally and domestically relevant in such diverse areas as family law, adoption, migration, and socioeconomic policymaking, the best interests principle requires flexibility and is best served by a case-by-case approach, as has been recognized by the UN Committee on the Rights of the Child and the European Court of Human Rights. This chapter analyzes relevant international case law and suggests the use of a number of safeguards to prevent such requisite flexibility from presenting a danger of paternalism, bias, or misuse.

Welfare means relationality, virtue and altruism

Legal Studies ◽  
2012 ◽  
Vol 32 (3) ◽  
pp. 480-498 ◽  
Author(s):  
Jonathan Herring ◽  
Charles Foster
Keyword(s):  
Family Law ◽  
Best Interests

This paper examines the nature of welfare and best interests as used in medical and family law. It argues that these are commonly presented in individualistic terms, requiring the court to promote the interests of a child or incompetent adult without reference to the interests of others. However, this paper argues that, properly understood, best interests and welfare should be taken as concepts which recognise the importance of relational interests, the performance of obligations, and the virtue of altruism.

scholarly journals Perlindungan Hukum Terhadap Anak Sebagai Perantara Narkotika (Study Putusan No.14/Pid.Sus Anak.2015/PN.Dps)

2021 ◽  
Vol 2 (1) ◽  
pp. 195-199
Author(s):  
Rezky Ayu Saraswati ◽  
I Nyoman Sujana ◽  
Diah Gayatri Sudibya
Keyword(s):  
Law Enforcement ◽  
Child Protection ◽  
Justice System ◽  
Juvenile Justice System ◽  
Legal Protection ◽  
Best Interests ◽  
District Court ◽  
Criminal Sanctions ◽  
The Government ◽  
The Moment

The rise of drug trafficking involving children as narcotics couriers is a problem that needs serious attention from both the government, law enforcement and the community. Children who commit crimes must continue to obtain legal protection in the best interests of the child. Child protection is contained in Law number 11 of 2012 concerning the juvenile justice system, where at the moment children can become narcotics abuse even as narcotics brokers with the rampant abuse of narcotics for all circles both in Indonesia and in the international world. The formulation of the problem raised is how is the basis for judges' consideration in imposing criminal sanctions on children as intermediaries for narcotics? And what is the legal protection of children as an intermediary for narcotics? The problems to be discussed will be examined based on normative perspectives and the legislative approach to the decisions of the Denpasar District Court No. 14 / Pid.Sus Anak / 2015 / PN. Dps, that the judge considers that the accused child has committed narcotics crimes by being charged Law number 35 of 2009 concerning narcotics, which can be sentenced to a minimum of 5 years and a maximum of 20 years and can be subject to fines. Legal protection for children is carried out by judges by imposing criminal training on employment in a generation of Indonesian foundations, solely so that children can carry out their activities as usual when they return to the community and do not disturb their psychic rights and can increase their skills in children. The child does not return to committing a crime.

scholarly journals Hukum Waris terhadap Anak Adopsi dalam Perspektif Islam

2020 ◽  
Vol 7 (1) ◽  
pp. 94-106
Author(s):  
Muhammad Lutfi Syarifuddin
Keyword(s):  
Child Protection ◽  
Islamic Law ◽  
Adoptive Parents ◽  
Customary Law ◽  
Best Interests ◽  
Adopted Children ◽  
Inheritance Law ◽  
Law System ◽  
Biological Parents ◽  
The Family

In practice, in Indonesia children adoption has become a public phenomenon in society and is part of the family law system because it involves individual interests in the family. In the case of adoption, parents need to pay attention to the best interests of the child and be implemented based on local customs, applicable laws and regulations, this has been regulated in Article 39 of the Child Protection Act. Adoption of children is divided into two types, namely adoption of children between Indonesian citizens (domestic adoption) and adoption of Indonesian citizens by foreign citizens (adoption between countries). Appointment of children must be done by legal process, through the establishment or decision of the Court. The research method is normative juridical research. Based on the research results, the inheritance Indonesian citizens rights in the Indonesian inheritance law case are implemented based on Islamic law, adopted children do not inherit from adoptive parents and remain the biological parents. Under customary law, the inheritance of adopted children depends on customary law in the area. By law adoption children do not inherit from adoptive parents, and adopted children remain the heirs of their biological parents.

Saying and Doing

2014 ◽  
Vol 22 (4) ◽  
pp. 710-729 ◽  
Author(s):  
Judith Bessant ◽  
Karen Broadley
Keyword(s):  
Young People ◽  
Child Protection ◽  
Policy Making ◽  
Legal Requirements ◽  
Policy Makers ◽  
Children And Young People ◽  
Out Of Home Care ◽  
Espoused Theory ◽  
Right To Participation ◽  
Official Recognition

Modern policy-making communities repeatedly proclaim the idea and value of participation and ‘listening to children and young people’. We note the growing official recognition of children and young people’s right to participation in policies relating to child protection and out-of-home care. Indeed, taking their views into account is mandated in many countries with domestic and international legal requirements accompanying the policy commitments to its value. In this article we explore the disparity or tensions between the ‘espoused theory’ and the ‘theory-in-use’ within child protection. We observe a gap between what policy-makers and practitioners say is the practice and what is actually done, and consider whether there is an effective commitment to the participation of children in child protection. While we rely primarily on Australian and English material, we suggest the arguments and findings presented here have a general international relevance.

De-ageing Family Law: Re-engineering the Children-Adults/Parents Machine

Legalities ◽  
2021 ◽  
Vol 1 (2) ◽  
pp. 187-209
Author(s):  
Man-chung Chiu
Keyword(s):  
Hong Kong ◽  
Child Custody ◽  
Family Law ◽  
Best Interests ◽  
Parental Rights ◽  
Power Relationship ◽  
Parental Responsibility ◽  
Children’S Views

Since 2005, the Hong Kong Government has proposed to replace the concept of ‘parental rights’ with ‘parental responsibility’ in the legal machine controlling and regulating child custody in divorce cases. However, it has again reduced ‘children’ to a powerless position, arguing that it can positively protect the ‘best interests’ of children. In this article, the author suggests that only by de-ageing law can the unequal power relationship between children and adults be challenged, and hence, can – and will – children’s views and subjectivity be respected and constituted in family law proceedings.

Introduction

2021 ◽  
pp. 1-12
Author(s):  
Sanford N. Katz
Keyword(s):  
Child Protection ◽  
Family Law ◽  
Religious Groups ◽  
State Laws ◽  
Divorce Law ◽  
Domestic Relations ◽  
Real People ◽  
The Social ◽  
History Of

This introductory chapter traces the history of family law in America, which came of age during the last half of the twentieth century. Earlier, in practice, scholarship, and legal education, it was given little attention or respect. Perhaps the reason for the low status of family law practice, defined narrowly as domestic relations and almost exclusively concerned with divorce, was that it dealt with human conflicts and real people in distress, not legal abstractions. The legislative movement to recodify state family law, particularly divorce law, began mid-century. An important influence on divorce reform was the efforts of the Commissioners on Uniform State Laws. The Commissioners had been working on divorce law for seventy-five years before the Uniform Marriage and Divorce Act was promulgated in 1970. The Act brought clarity in laws on marriage, divorce, and child custody. The chapter then looks at the development of child protection practice and law. Ultimately, the legal landscape of today has been shaped by many factors: the movement for racial equality, children’s rights, women’s rights, gay and lesbian rights, and the social and legal agenda of certain religious groups.

Child Protection

2020 ◽  
pp. 304-351
Author(s):  
Claire Fenton-Glynn
Keyword(s):  
Child Protection ◽  
Family Reunification ◽  
Best Interests ◽  
Alternative Care ◽  
Parents And Children ◽  
The Family ◽  
Procedural Rights ◽  
Emergency Measures ◽  
The Way

This chapter analyses the obligations placed on domestic authorities in the field of child protection. It starts by examining the way in which the Court has attempted to balance the rights of parents and children in this area, and in particular, the place of the ‘best interests’ principle in the Court’s jurisprudence. The chapter then goes on to consider the substantive rights in this area, including emergency measures, the removal of the child from the family, and their placement in alternative care, before examining the extensive procedural rights for parents and children under Articles 6 and 8. Finally, it details the jurisprudence of the Court concerning family reunification and the positive obligations placed on states to facilitate this.

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