Abstract
<p>Family justice has undoubtedly molded in an interesting shape throughout the century. Recent development upholds the sovereignty of children’s right over the traditional paternalistic and maternal preference in deciding matrimonial disputes. Affording right to children to participate in matrimonial proceeding will surely be debatable and bring about further complex issues to the proceeding since children are viewed as vulnerable group who must be protected from any harm. Hence, this article intends to review the international discourse ranging from the children’s right and family justice as undertaken internationally and provides commentary on Malaysian current practice. Results indicated that statutory provisions in Malaysian laws value the wishes of a child only in custody cases but the practice is slightly erratic as distinctive judges have different practices. It is submitted that a comprehensive guideline on judicial procedure are then required to be developed in ensuring that <em>Justice must not only be done; but must be seen to be don</em>e to all parties including the children.</p>
Highlights
History portrayed the remarkable changes of direction prior to 20th century when children were considered as the wealth of fathers
Results indicated that statutory provisions in Malaysian laws value the wishes of a child only in custody cases but the practice is slightly erratic as distinctive judges have different practices
The term connotes an extremely inactive undertone (Lansdown et al, 2014). This is in contrast to active participation, which could imply on the presumption that the children, in one way or another, have the power to make a difference with their involvements
Summary
History portrayed the remarkable changes of direction prior to 20th century when children were considered as the wealth of fathers. The essential principle that highlights the rights of children can be seen in Article 12 of the Convention that fundamentally gives them a privilege to be heard in any matters that influence their lives Their views should be given serious consideration in deciding any dispute in the event their parents get a divorce. It is worth to embrace the theoretical structure for research in child advocacy as it engages inter-disciplinary undertakings in ensuring the children’s empowerment as personhood (Cascardi et al, 2015) Such an activism refers to any action intended to empower or elevate the status of children by promoting their self-expression and participation, while recognizing that the improved status of children depends on the welfare of the families and communities in which they belong to
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