Abstract

This article shows how the voice of the child has come to prominence in decision making, against the background of changes in emphasis between family rights and child protection viewpoints, reflected in 20th‐century legislation on family matters. It argues that the role of the guardian ad litem, the historical development of which is charted, is central to the evaluation of the child's views; these are not always straightforward and they must be viewed in tandem with a professional assessment of the child's best interests. The article concludes that the child's voice cannot be the deciding factor in decision making; adults cannot abrogate their responsibility to make reasoned decisions, based both on children's wishes and feelings and on other factors which children, in their immaturity, cannot appreciate.

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