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Childrens Rights Knowledge Centre Academics from multiple disciplines (Flemish) Professionals government Dealing with Child Abduction Cases in the EU Milano 8 June 2017 Voicing the child: A childrens rights approach Katrien
Academics from multiple disciplines (Flemish) government Professionals
Dealing with Child Abduction Cases in the EU – Milano – 8 June 2017
Katrien Herbots & Sara Lembrechts
Children’s Rights Knowledge Centre (Belgium)
Dealing with Child Abduction Cases in the EU – Milano – 8 June 2017
Voicing children in court + OPPORTUNITIES ? QUESTIONS
Dealing with Child Abduction Cases in the EU – Milano – 8 June 2017
Dealing with Child Abduction Cases in the EU – Milano – 8 June 2017
TRUE OR FALSE? True False
It is impossible to hear children in such proceedings, because they are influenced or even manipulated by one of the parents. Participation of children undermines parental authority. Parents always know what is in the best interests of children. Participation in Court puts children at risk. Children think short-term and practical, not long-term and logical. Children should not be asked to say their views because they shouldn’t be forced to choose between two parents. Voice = choice.
Dealing with Child Abduction Cases in the EU – Milano – 8 June 2017
Dealing with Child Abduction Cases in the EU – Milano – 8 June 2017
Dealing with Child Abduction Cases in the EU – Milano – 8 June 2017
Who? About what? Why? How?
Tool for self-reflection to support professionals who want to work in a participatory way with children and young people.
– Move beyond methods and techniques, focus on perspective – Make visible hidden assumptions that play when dealing with children and young people and recognize how these assumptions influence the reality (positively and negatively)
transparency, setting, …
– Before, during and after involving children and young people
Dealing with Child Abduction Cases in the EU – Milano – 8 June 2017
LEGAL MEANING Techniques Methods Policy Laws & rules SOCIAL MEANING Attitudes Culture Behaviour Beliefs Values Thoughts
Dealing with Child Abduction Cases in the EU – Milano – 8 June 2017
Dealing with Child Abduction Cases in the EU – Milano – 8 June 2017
Why? Who? How? About what? Influence Reflection
Dealing with Child Abduction Cases in the EU – Milano – 8 June 2017
future)
procedure
conflict
interests (now & future)
understanding in the situation
intermediaries
wants
cognitive
forever parents
partnerconflict
best interests
Dealing with Child Abduction Cases in the EU – Milano – 8 June 2017
– Awareness of impact: experienced quality of the decision links to quality of life – Case-by-case assessment: stay away from minimum ages – Provide age-appropriate information and transparency – Critically assess own perspectives on children’s capacities: beyond rational understanding & beyond verbal expression – Take an empathic and constructive stance
understanding of children’s feelings and perspectives
the difficulties they face
– …
Dealing with Child Abduction Cases in the EU – Milano – 8 June 2017
– Shift the focus from the conflict between parents to the interests of the child & what’s in the interests of the child – Be attentive to provide age-appropriate information – Give the child a sense of meaning by mattering – Take away the burden and isolation of the child – Cooperate with other professionals involved in the child abduction trajectories: learn to know each other’s way of working, efforts towards a shared commitment, combine all pieces of the puzzle – Age-appropriate involvement empowers children and reduces the adverse effects of challenging events in the long term – …
Dealing with Child Abduction Cases in the EU – Milano – 8 June 2017
– It is impossible to hear children in such proceedings, because they are influenced or even manipulated by one of the parents. – Participation of children undermines parental authority. Parents always know what is in the best interests of children. – Participation in Court puts children at risk. – Children think short-term and practical, not long-term and logical. – Children should not be asked to say their views because they shouldn’t be forced to choose between two parents. – Voice = choice. – …
Dealing with Child Abduction Cases in the EU – Milano – 8 June 2017
Dealing with Child Abduction Cases in the EU – Milano – 8 June 2017
Children’s Rights Knowledge Centre (KeKi)
HoGent Campus Schoonmeersen Building D, Office 1.023 Valentin Vaerwyckweg 1 9000 Ghent – Belgium +32 9 243 24 70 katrien.herbots@keki.be sara.lembrechts@keki.be www.keki.be www.facebook.com/KeKivzw www.twitter.com/KeKivzw
Dealing with Child Abduction Cases in the EU – Milano – 8 June 2017
Dealing with Child Abduction Cases in the EU – Milano – 8 June 2017
– Agency – Maturity – age – Dynamic relationships
Dealing with Child Abduction Cases in the EU – Milano – 8 June 2017
works in two directions BUT differences in power, resources & nature of rights
Pitfalls
Dealing with Child Abduction Cases in the EU – Milano – 8 June 2017
Agency
action meaning- maker autonomy Child Adult Parent Judge ...
– Adult-centred: Children’s capacity to understand and assess the implications of a certain decision, as well as to show a reasonable and independent expression of views, wishes and preferences – Child-centred: Children as meaning-makers and experts
Pitfalls – Numerical age – Verbal / cognitive
Dealing with Child Abduction Cases in the EU – Milano – 8 June 2017
– Loyalty = relational reality
– Parentification
– Cognitive, social & moral development – Stress: future, identity… Pitfalls – Survival strategy: parental alienation – suicidal thoughts – Negative parentification – Denying agency
Dealing with Child Abduction Cases in the EU – Milano – 8 June 2017