Practicability in ascertaining children’s views: superseding ‘the default position’

ABSTRACT

This paper considers the issue of ‘practicability’ in ascertaining the views of children in family proceedings with reference to the recent, and noteworthy, Scottish Inner House judgment of M v C. As each of the is UK nations contemplate more fully incorporating and implementing the UNCRC, it is argued that statutory provision alone does not guarantee children’s rights will be honoured in practice. How the judiciary interpret and balance the child’s Convention rights will be crucial.

KEYWORDS:

• UNCRC
• children’s views
• Scotland
• practicability

Disclosure statement

No potential conflict of interest was reported by the author(s).