Implementing Children’s Participation in Family Court Cases: View of the Child and Beyond

Author: The Honourable Donna Martinson, KC and Judge Rose Raven
Current to: March 2020

In this paper from CLEBC Online Course Materials, The Honourable Donna Martinson Q.C., retired Justice of the Supreme Court of BC, and The Honourable Judge Rose Raven, Provincial Court of BC discuss: the Child Rights Approach of the UN Convention on the Rights of the child; the Legal Status of the Convention and General Comments in Canada; and the UN Convention Participation Framework.

Part II of the paper is called Practical Essentials: Implementing the Child Rights Safeguards and Guarantees in Court Processes. It provides a step‐by‐step approach to applying each of the eight safeguards and procedures; a separate Guide/Checklist is provided for these steps.

Part III is called Special Considerations. It includes: Child Protection; Cross‐Border Child Abduction Cases; and Relevant Intersection Factors, including the girl child, sexual orientation, gender identity and gender expression; and Children with Differing Abilities.

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