Chapter

Why Judges Need to Know and Understand Childhood Studies

Mark Henaghan

in Law and Childhood Studies

Published in print March 2012 | ISBN: 9780199652501
Published online May 2012 | e-ISBN: 9780191739217 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199652501.003.0004

Series: Current Legal Issues

Why Judges Need to Know and Understand Childhood Studies

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This chapter discusses why judges should be aware of Childhood Studies. A judgment written from a Childhood Studies perspective is built around looking at what is happening, not from the parents' point of view, or the judge's point of view, but primarily from a child's point of view. The ultimate decision is still for the judge, but it is more likely to be a decision about the particular child if the judge fully understands, takes account of, and carefully considers the weight to be given to the particular views of the particular child. The weight to be given to the child's views should not be based on the child's age and maturity, but based on all of the circumstances of the particular case.

Keywords: childhood studies; judges; children's views; maturity

Chapter.  9528 words. 

Subjects: Family Law

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