Gathering Perspectives on Expert Approaches to the Capacity and Rights of Children: Working to Inform a Capacity Assessment Tool for Children to Participate in Family Law Proceedings

Figures & data

Table 1. Participant information

Participant Identifier	Position Held	Years of Experience	Common Practices*
A	Judge	22 years	FL, CP, DS
B	Judge	18 years	FL, CA, DS
C	Social Worker/Therapist	23 years	CP, DD, YO, DS
D	Judge	15 + years	JC, CP, IL, CL
E	Judge	10 + years	CP, CA, CL
F	Social Behavior Scientist	10 + years	CA, CP, DD
G	Lawyer, Mediator	20+ years	FL, CA, DS, PP
H	Social Worker/Therapist	14 + years	DS, DD
I	Social Worker	10 + years	DS, CP, DD
J	Family law lawyer, Mediator	20 + years	FL, CA, DS, PP
K	Social Worker	10 + years	DS, PP, CA

*Common Practices: FL = Family Law, CA = Custody and Access, DS = Divorce or Separation, CP = Child Protection, DD = Developmental Disorders, YO = Young Offenders, J = Juvenile Court, IL = Immigration Law, Criminal Law = CL, PP = Parenting Plans

Table 2. Interview guide for legal professionals

1.What does the term “capacity” mean to you?

2. When you think of the term “capacity of children” what comes to mind?

3. In your opinion, what are the key elements that make up a “capable child”?

4. In your opinion do you think the capacity of a child can be assessed?

5. What is missing in the current methods of evaluating children involved in custody proceedings and their participation? What are the limitations?

6. How do you ensure you are considering a child’s “best interests” when completing an evaluation or hearing their voice in a legal setting?

7. From your experiences do you think it is possible for children under the age of 12 to meaningfully participate in custody and access proceedings?

8. Imagine there was a capacity assessment tool for children under the age of 12 to participate in custody/ access proceedings, what elements would have to be included?

9. What do children’s rights mean to you and your practice? How do you implement elements of the UNCRC into your day to day work?

Table 3. Interview guide for social science and child development professionals

1.What does the term “capacity” mean to you?

2.When you think of the term “capacity of children” what comes to mind?

3.In your opinion, what are the key elements that make up a “capable child”?

4.Where does age fit into the notion of capacity? Are the two connected? How so?

5. In your opinion do you think the capacity of a child can be assessed?

6. What, in your opinion, is the potential value of a more qualitative focus rather than a quantitative approach when assessing the capacity of children?

7. From your experiences do you think it is possible for children under the age of 12 to meaningfully participate in custody and access proceedings?

8. Imagine there was a capacity assessment tool for children under the age of 12 to participate in custody/ access proceedings, what elements would have to be included?

9. When conducting assessments or evaluations with children under the age of 12 what are some techniques you have determined necessary from your practical experience?

10. What do children’s rights mean to you and your practice? How do you implement elements of the UNCRC into your day to day work?

Table 4. Table of themes

Superordinate Themes	Subordinate Themes
Current Gaps in the Practice of Children’s Participation	Connection Between Professionals Hearing the Voice of the Child Time and Resources
Assessing the “Capable” Child	Intellectual Capacities: Understanding and Comprehension Emotional Capacities Nature Versus Nurture
Children’s Rights	UN convention on the rights of the child Best Interests of the Child Child protection
Possibilities for the Development of a Child-Friendly Capacity Assessment Tool	Examples of Capable Children Methods of Child Centered Assessment Who Should Assess?