Abstract

Lawyers’ attitudes to children influence the extent to which they offer children opportunities to participate in legal decisions. This article offers empirical insights derived from research undertaken with children’s lawyers who practise in New South Wales in family law, child protection and criminal proceedings. The research reveals that lawyers give different emphases to their relationships with children, and there are variations in practice within and between jurisdictions. There is currently no shared understanding of the rationale for children’s participation. The author proposes practical strategies aimed at resourcing, training and selecting children’s lawyers so that they facilitate children’s participation more effectively.

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