Children should have their voices heard and represented in child custody cases

How should children have their voices heard and represented in court? Some scholars have argued for an increase in direct testimony. Yet, with the emotional anxiety and stress that often ensues from this, it has been discouraged by many health professionals. Therefore, more indirect means of testimony are typically seen as a better option. Some examples are through an in camera testimony, being represented by a Court Appointed Special Advocate (CASA), or through a Law Guardian. I analyzed three cases in the early 2000s from three Upstate New York regions to see the effects these child advocates can have on the case decision and the children. I also created pamphlets of resources explaining why children’s voices matter in custody cases. These pamphlets were passed out across the community as well as to child advocates. This work has and can affect children and advocates across the Central NY region and beyond.

Publication Details

Journal
Fisher Digital Publications (St. John Fisher College)
Published
2025-04-25
Primary Topic
Children's Rights and Participation
Type
article
Field-Weighted Citation Impact
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article

Children should have their voices heard and represented in child custody cases

Fisher Digital Publications (St. John Fisher College)
Children's Rights and Participation
article

Children should have their voices heard and represented in child custody cases

article en

Abstract

How should children have their voices heard and represented in court? Some scholars have argued for an increase in direct testimony. Yet, with the emotional anxiety and stress that often ensues from this, it has been discouraged by many health professionals. Therefore, more indirect means of testimony are typically seen as a better option. Some examples are through an in camera testimony, being represented by a Court Appointed Special Advocate (CASA), or through a Law Guardian. I analyzed three cases in the early 2000s from three Upstate New York regions to see the effects these child advocates can have on the case decision and the children. I also created pamphlets of resources explaining why children’s voices matter in custody cases. These pamphlets were passed out across the community as well as to child advocates. This work has and can affect children and advocates across the Central NY region and beyond.

Fisher Digital Publications (St. John Fisher College)
Peace, Justice and strong institutions
Openalex Percentile: Top 39%
Children's Rights and Participation
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