Conclusions Article Swipe
YOU?
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· 2024
· Open Access
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· DOI: https://doi.org/10.56687/9781529228939-012
· OA: W4399191525
This chapter draws together the themes and arguments made in the preceding chapters to consider the conceptual, legal and practical changes needed to build a family justice system that has mediation at its centre but which is fully compliant with article 12 of the United Nations Convention on the Rights of the Child (UNCRC). Its primary conclusion based on the Healthy Relationship Transitions study is that there are compelling arguments for moving towards a family justice system that fully respects children's voices when parents separate in line with their article 12 rights, if only to improve their wellbeing and mental health. Whislt incorporation of the UNCRC into domestic law must be the long term goal, it considers how child-inclusive mediation can be used to change the culture to accept children's rights and test how a system can in practice take children's information, consultation and participation rights seriously, ensuring young people exercise appropriate agency. Alongside statutory and practice reforms, it concludes such a move towards a relational family approach can, in the short to medium term, achieve a rights balance between children and parents, not present within the prevailing parental autonomy discourse.
