Parental separation and the right of the child to have their views listened to and considered: Reality or wishful thinking?

Document Type

Journal Article


Faculty of Computing,Health and Science


School of Psychology and Social Science




Banham, V., Guilfoyle, A. M., Napolitano-Lincoln, R., & Cavazzi, T. (2010). Parental Separation and the Right of the Child to have their views Listened to and Considered: Reality or Wishful Thinking?. International Journal of Learning, 17(11). Available here


As the intent and application of the United Nations Convention of the Rights of the Child Articles 3, 5 and 12 are debated and discussed in many contexts, questions about how well the views of the child are listened to and heard, that is, to participate in decisions that may affect them and their future, are being questioned. This paper examines the rights that are provided to children under Articles 3, 5 and 12 of the UNCRC and how these rights are enacted in parental separation. It also reflects on how such understandings may impact on the school's and the teachers' role in the classroom in working with children experiencing parental separation. It suggests that participation, or having a say on matters that will affect you is not a right given to children by adults but a basic human rights for all human beings.

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