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Children's Rights in European Legal Preceedings: Why are Family Practices so Different from Legal Theories? (CROSBI ID 141040)

Prilog u časopisu | izvorni znanstveni rad | međunarodna recenzija

Rešetar, Branka ; Emery, E. Robert Children's Rights in European Legal Preceedings: Why are Family Practices so Different from Legal Theories? // Family Court Review, 46 (2008), 1; 65-78

Podaci o odgovornosti

Rešetar, Branka ; Emery, E. Robert

engleski

Children's Rights in European Legal Preceedings: Why are Family Practices so Different from Legal Theories?

Debates about child custody following parental separation often have been framed in terms of a battle between the competing rights of different family members. In the United States, advocates of mothers’ rights square off against proponents of fathers’ rights, with each side claiming to truly represent children’ s rights. Of course, not all advocates lay claim to children’ s rights in contact and custody disputes merely as a tactical maneuver. Some experts believe that children are entitled to (and benefit from) their own, independent legal advocate in custody cases. In theory, at least, the position that children lay claim to a third set of independent rights is strongly held in Europe, more strongly than in many U.S. states, because of the adoption of United Nations Convention on the Rights of the Child in Europe, but not in the United States. In this article, we examine children’ s rights in custody disputes from a European perspective, particularly children’ s legal right to contact with their parents, as well as the children’ s right to be heard in custody and contact disputes. We find that, despite differences in legal theory, tradition, and family demographics, European countries ultimately face a familiar reality: Custody and contact disputes are, in reality, more about renegotiating family relationships than they are a matter of a mother’ s, father’ s, or child’ s rights.

European law ; divorce ; children's rights ; comparative law ; family law

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Podaci o izdanju

46 (1)

2008.

65-78

objavljeno

1531-2445

1744-1617

Povezanost rada

Pravo