Children within the Family Legal System

This episode explores the topic of children’s voices in the family law system. The common law has evolved tremendously when it comes to children’s rights. From children being treated as chattels to a focus on the protection of children’s best interests, it seems as though rights for children have come a long way, and it continues to evolve to this day. Raquel Medeiros takes on the discussion on the way children are heard, the duties of lawyers, and the perspective of children in family cases to evaluate the benefits and limitations of this evolving topic. 

Producer, Host, and Editor: Raquel Medeiros 

Musichttps://app.soundstripe.com/songs/16762

Pro Bono Radio is part of the Queen’s chapter of Pro Bono Students Canada. The Pro Bono Radio team are not lawyers, and this is not legal advice.

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Research Referred to in the Podcast

Michelle Fernando, “Family Law Proceedings and the Child’s Right to Be Heard in Australia, The United Kingdom, New Zealand, and Canada” (2014) 52:1 Family Court Review: An Interdisciplinary Journal (USA) pp. 46-59, Available at SSRN: https://ssrn.com/abstract=2627500

Nicholas Bala and Rachel Birnbaum, “Rethinking the Role of Lawyers for Children: Child Representation in Canadian Family Relationship Cases” (2018) 59  Les Cahiers de Droit 787-829, Queen’s University Legal Research Paper No.2018-103, Available at SSRN: https://ssrn.com/abstract=3342335

Nicholas Bala and Patrina Hebert, “Views, Perspectives and Experiences of Children in Family Cases” (2016) Queen’s University Legal Research Paper No. 082, Available at SSRN: https://ssrn.com/abstract=2887623