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5.1 - Court Decisions about the Upbringing of Children

from Part V - Civil Proceedings

Published online by Cambridge University Press:  02 December 2021

By
Aoife Daly  and
Aisling Parkes
Edited by
Jennifer M. Brown  and
Miranda A. H. Horvath
Jennifer M. Brown
Affiliation:
London School of Economics and Political Science
Miranda A. H. Horvath
Affiliation:
University of Suffolk
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Summary

Courts are regularly called upon to make judgments on aspects of children’s upbringing, particularly where parents separate and there are disputes around where children will live. In this chapter, the children’s rights issues which arise in cases regarding children’s upbringing are considered; particularly where they intersect with issues concerning elements of the discipline of psychology. Following an exploration of the UN Convention on the Rights of the Child and its impact on the lives of children, two of the most important principles in the CRC are considered – the best interest principle (Art. 3) and principle of respect for the views of the child (Art. 12). The chapter then examines how an enhanced awareness and understanding of developmental psychology has impacted cases concerning children’s upbringing. Particularly contested issues in the area are then examined – children’s attachment to caregivers, children’s own wishes, shared residence and perceptions of mothers versus fathers.

Keywords

Contact DisputesRelationship BreakdownChildren’s RightsAttachment TheoryChildren’s Competence
Type
Chapter
Information
The Cambridge Handbook of Forensic Psychology , pp. 645 - 657
Publisher: Cambridge University Press
Print publication year: 2021

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