A Systematic Review of Children’s Views and Experiences Regarding Their Participation in Divorce-Related Decision-Making at Home, in Court, and During Mediation

In the context of parental divorce and separation, children have a fundamental right to be involved in decisions that affect them. This systematic review integrates legal and social scientific research on children’s views on their direct participation in three key post-divorce settings: family decision-making at home, family law court proceedings, and mediation. Additionally, how children’s participation relates to their post-divorce adjustment is examined. A systematic literature search of the past 25 years identified 46 empirical, predominantly qualitative, studies using child-reports. Findings generally indicate that across the family, court, and mediation settings, children predominantly believe they should be involved in decision-making processes. Nevertheless, a substantial gap remains between children’s wish to participate and their actual participation. This review suggests that involving children is generally more beneficial than excluding them. The findings underscore the need for future research on the meaningful implementation of children’s participatory rights in divorce-related decision-making.